HomeMy WebLinkAboutMOU - County of Santa Clara - 2021 EMPG - Signed 2022-03-16Page 1 of 18
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF GILROY GRANTING PROGRAM FUNDS FOR THE
2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG 1)
THIS AGREEMENT is made effective July 1, 2021, by and between the County of Santa Clara
(“County”) and the City of Gilroy (“City”) for the allocation and distribution of 2021 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 José, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos
and 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 (“EOAC”) is the advisory
body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the
Operational Area. EOAC membership includes 5 city council members representing cities in the
Operational Area as well as representatives of the Santa Clara Valley Water District, Office of the
County Executive, County Board of Supervisors, City Managers’ Association, Police Chiefs’
Association, Fire Chiefs’ Association, County Public Health Department, County Social Services
Agency, County Emergency Medical Services Agency, Santa Clara Valley Transportation Authority,
and emergency management representatives; and
WHEREAS, the County Emergency Management Ordinance establishes the EOAC and endows the
EOAC with authority to enhance planning and preparedness for large-scale emergencies in the Santa
Clara Operational Area, including by making funding allocation recommendations for EMPG funding
awarded by the United States Department of Homeland Security to the California Governor’s Office of
Emergency Services (“Cal OES”), and subsequently sub-awarded to County; and
WHEREAS, Cal OES has awarded County 2021 EMPG funding in the amount of $521,180 for the
purpose of sustaining and improving comprehensive emergency management programs;
NOW, THEREFORE, this AGREEMENT is to allocate the sum of $23,600 from County to City, so that
City may implement the “EOC Technology” project as provided under this Agreement and specified in
the EMPG Grant Certifications and Assurances, Exhibits B, C & D. The performance period for County
for this grant expires on June 30, 2023. The performance period for City for the subgrant expires on
March 31, 2023.
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
1 2021 Homeland Security Grants, version 1
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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) “Emergency Operations Center” or “EOC” shall mean the physical location at which the
coordination of information and resources to support incident management (on-scene
operations) activities normally takes place.
(f) “Federal Program Guidance” shall mean guidance documents issued by the Federal
Emergency Management Agency, including the EMPG Program Funding Opportunity
Announcement, for Fiscal Year 2021.
(g) “Grant Certifications and Assurances” shall mean the FY21 “Standard Assurance For Cal
OES Federal Non-Disaster Grant Programs” (EXHIBIT B), “Certification Regarding
Lobbying” (EXHIBIT C), and “Federal Funding Accounting and Transparency Act
(FFATA) Financial Disclosure” (EXHIBIT D).
(h) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or
more per year.
(i) “Prime Recipient” shall refer to County.
(j) “Project Manager” shall refer to the City employee identified as “Requestor” on an EMPG
Project Proposal form.
(k) “Spend Plan” shall mean a written document that explains the project on which City intends
to spend 2021 EMPG funding, including project deliverables and milestone dates by which
any funds allocated to City must be spent.
(l) “State Guidance” shall mean the California Supplement to the Federal Notice of Funding
Opportunity Announcement, issued by Cal OES for Fiscal Year 2021 for Emergency
Management Performance Grants.
(m) “Subgrant” shall mean funds awarded to the City under this Agreement.
(n) “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
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supplements to this Agreement.
Article II. Allocation and Spend Plans
1. Allocation.
The 2021 EMPG funds shall be disbursed pursuant to the County’s FY 2021 EMPG Grant application
for each City. County shall reimburse to City funds that City expends under the 2021 EMPG program
for eligible expenditures. The amount for City shall not exceed $23,600 unless additional funds become
available under the 2021 EMPG program following the execution of this Agreement. If additional funds
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 approved $521,180 in FY 2021 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 Management (“OEM”) Director or designee. All Spend Plans must be approved
by County’s OEM Director or designee based on projects County has submitted to the State for the 2021
EMPG program. If County’s OEM Director does not approve City’s Spend Plan, County OEM shall
notify City, and City shall have 10 days from the date of the notice to submit a revised Spend Plan to
County OEM 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
the most current applicable 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
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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 (https://sam.gov/) 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 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:
https://www.fema.gov/authorized-equipment-list.
(b) Subcontracts
Subcontracts totaling $25,000 or more require preapproval from 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
o 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.
o 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
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subaward is obligated in any date in April 2022, City must report any required
compensation information by May 31, 2022.
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 $250,000 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
the Grants Manager of County’s OEM. 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 the most current applicable Federal
procurement requirements for grants and, if more restrictive, 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,
2022.
Recorded proof of completion, such as all certificates of completion, must be submitted by the
City to County (OEM) before any reimbursements to the City will be made. In any case, proof
of completion must be provided by December 31, 2022.
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 (Cal OES) 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.sam.gov/) (a
print-out of the search result page will suffice)
• Purchase order and/or contract
• Invoice showing deliverables and milestones completed
• Proof of payment
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• 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 OEM (see Article V.1 below) on a
quarterly basis, as detailed in the chart below. Unless pre-approved by County’s OEM
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, 2023, and any related invoice shall be submitted by March 31, 2023, unless
otherwise pre-approved by County’s OEM Director or designee, in order to meet 2021
EMPG deadlines. Reimbursement requests shall be due for expenditures during specified
periods as follows:
For Expenditures During the Period: Due Dates for Reimbursement Requests:
July 1, 2021 through December 31, 2021 January 20, 2022
January 1, 2022 through June 30, 2022 July 20, 2022
July 1, 2022 through December 31, 2022 January 20, 2023
January 1, 2023 through March 15, 2023 March 31, 2023
(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 April 15, 2023 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 Exhibits B, C & D. 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 OEM staff.
Additionally, City shall ensure its Project Manager is available to meet with County OEM
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
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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 2021 EMPG program, as indicated in Exhibit E, Program
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.
Indirect costs are allowable under the FY21 EMPG grant. Allowability of Indirect costs does
not increase the total amount of the State, Operational Area or other sub-recipient (i.e.
jurisdictions) grant awards. Claims for indirect costs therefore necessarily decrease the
federal funds available to pay for direct project costs. Subawards are based on the direct cost
of approved projects. Sub-recipients wishing to claim indirect costs must use an indirect cost
rate in compliance with the most current applicable Federal guidance and regulations
including 2 C.F.R. § 200.68 and Subpart E.
(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 two exercises in a 12-month
period. These exercises must align to an identified priority area. 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 https://hseep.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
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iii. IS 700 National Incident Management System, An Introduction
iv. IS 800 National Response Framework, An Introduction
• FEMA Professional Development Series:
v. IS 120.c Introduction to Exercises
vi. IS 230.e Fundamentals of Emergency Management
vii. IS 235.c Emergency Planning
viii. IS 240.b Leadership and Influence
ix. IS 241.b Decision Making and Problem Solving
x. IS 242.b Effective Communication
xi. IS 244.b Developing and Managing Volunteers
The aforementioned courses are all available for free on-line at the following links:
http://training.fema.gov/IS/NIMS.aspx & http://training.fema.gov/emiweb/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) may be considered acceptable in meeting this requirement.
Article V. Term and Termination
1. Term of Agreement
This Agreement is effective from July 1, 2021 through June 30, 2023—the FY 2021 EMPG
performance period established by Cal OES the State for the County.
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
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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,
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.
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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
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:
Andrew Young
Gilroy City Hall
7351 Rosanna St.
Gilroy, CA 95020
To County:
Ivan Williams
EMPG Grant Manager
County of Santa Clara Office of Emergency Management
55 W. Younger Ave., Suite 450
San Jose, CA 95110
2.Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft
Prevention
(a)Compliance with All Laws: City shall comply with all applicable Federal, State, and local laws,
regulations, rules, and policies (collectively, “Laws”), including but not limited to the non-
discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below.
(b)Compliance with Non-Discrimination and Equal Opportunity Laws: City shall comply with all
applicable Laws concerning nondiscrimination and equal opportunity in employment and
contracting, including but not limited to the following: Santa Clara County’s policies for
contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964
as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment
Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963;
California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor
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Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of
2008. In addition to the foregoing, City shall not discriminate against any subcontractor,
employee, or applicant for employment because of age, race, color, national origin, ancestry,
religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical
disability, medical condition, political belief, organizational affiliation, or marital status in the
recruitment, selection for training (including but not limited to apprenticeship), hiring,
employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor
shall City discriminate in the provision of services provided under this contract because of age,
race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual
orientation, mental disability, physical disability, medical condition, political beliefs,
organizational affiliations, or marital status.
(c) Compliance with Wage and Hour Laws: City shall comply with all applicable wage and hour
Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the
California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living
wage Laws.
(d) Definitions: For purposes of this Subsection, the following definitions shall apply. A “Final
Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a
court of law, an investigatory government agency authorized by law to enforce an applicable
Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the
time period to appeal has expired. For pay equity Laws, relevant investigatory government
agencies include the federal Equal Employment Opportunity Commission, the California
Division of Labor Standards Enforcement, and the California Department of Fair Employment
and Housing. Violation of pay equity Law shall mean unlawful discrimination in compensation
on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation,
race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as
amended, the Equal Pay of 1963, California Fair Employment and Housing Act, or California
Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory
government agencies include the federal Department of Labor, the California Division of Labor
Standards Enforcement, and the City of San Jose’s Office of Equality of Assurance.
(e) Prior Judgment, Decisions or Orders against City: By signing this Agreement, City affirms
that it has disclosed any final judgments that (A) were issued in the five years prior to
executing this Agreement by a court, an investigatory government agency, arbiter, or
arbitration panel and (B) found that City violated an applicable wage and hour law or pay
equity law. City further affirms that is has satisfied and complied with – or has reached
Agreement with the County regarding the manner in which it will satisfy – any such final
judgments.
(f) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time
during the term of this Agreement, City receives a Final Judgment rendered against it for
violation of an applicable wage and hour Law or pay equity Law, then City shall promptly satisfy
and comply with any such Final Judgment. City shall inform the Office of the County Executive-
Office of Countywide Contracting Management (OCCM) of any relevant Final Judgment against
it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment,
whichever is later. City shall also provide any documentary evidence of compliance with the
Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this
paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding
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Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are
separate from any other notice provisions in this Agreement and, accordingly, only notice
provided to the Office of the County Executive-OCCM satisfies the notice requirements in this
paragraph.
(g) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and
notwithstanding any other provision of this Agreement concerning access to City’s records, City
shall permit the County and/or its authorized representatives to audit and review records related
to compliance with applicable pay equity Laws. Upon the County’s request, City shall provide
the County with access to any and all facilities and records, including but not limited to financial
and employee records that are related to the purpose of this Section, except where prohibited by
federal or state laws, regulations or rules. County’s access to such records and facilities shall be
permitted at any time during City’s normal business hours upon no less than 10 business days’
advance notice.
(h) Pay Equity Notification: City shall (1) at least once in the first year of this Agreement and
annually thereafter, provide each of its employees working in California and each person
applying to City for a job in California (collectively, “Employees and Job Applicants”) with an
electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this
Agreement, continuously post an electronic copy of all applicable pay equity Laws in
conspicuous places accessible to all of City’s Employees and Job Applicants.
(i) Material Breach: Failure to comply with any part of this Section shall constitute a material breach
of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any
or all remedies available under this Agreement and at law. County may, among other things, take
any or all of the following actions:
1. Suspend or terminate any or all parts of this Agreement.
2. Withhold payment to City until full satisfaction of a Final Judgment concerning
violation of an applicable wage and hour Law or pay equity Law.
3. Offer City an opportunity to cure the breach.
(j) Subcontractors: City shall impose all of the requirements set forth in this Section on any
subcontractors permitted to perform work under this Agreement. This includes ensuring that any
subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies
and complies with such Final Judgment.
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
meetings or events.
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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 reduced fat (either nonfat or 1% low-fat)
dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130
calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per
container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40
calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided.
5. Governing Law, Venue
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance
with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall
be in the County of Santa Clara.
6. Assignment
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the
prior written consent of the other party.
7. Entire Agreement
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of
the terms of the agreement between the parties. It incorporates and supersedes all the agreements,
covenants and understandings between the parties concerning the subject matter hereof, and all such
agreements, convenants and understandings have been merged into this Agreement. No prior or
contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall
be valid or enforceable unless embodied in this Agreement.
8. Amendments
This Agreement may only be amended by a written 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
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original, but all of which together shall constitute one and the same instrument.
10. Contract Execution
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed
contract, or an electronically signed contract, has the same force and legal effect as a contract executed
with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission
by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a
portable document format. The term “electronically signed contract” means a contract that is executed
by applying an electronic signature using technology approved by the County.
11. 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.
12. 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 shall be in writing and
shall apply to the specific instance expressly stated.
13. Conflicts of Interest
City shall comply, and require its subcontractors to comply, with all applicable (i) requirements
governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest
laws and regulations including, without limitation, California Government Code section 1090 et. seq.,
the California Political Reform Act (California Government Code section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2
California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of
this Agreement and is grounds for immediate termination of this Agreement by the County.
In accepting this Agreement, City covenants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with
the performance of this Agreement. City further covenants that, in the performance of this Agreement,
it will not employ any contractor or person having such an interest. City, including but not limited to
contractor’s employees and subcontractors, may be subject to the disclosure and disqualification
provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to
disclose economic interests that may foreseeably be materially affected by the work performed under
this Agreement, and (2) prohibits such persons from making or participating in making decisions that
will foreseeably financially affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service
under this Agreement, City shall, upon execution of this Agreement, provide the County with the names,
description of individual duties to be performed, and email addresses of all individuals, including but
not limited to City’s employees, agents and subcontractors, that could be substantively involved in
“making a governmental decision” or “serving in a staff capacity and in that capacity participating in
making governmental decisions or performing duties that would be performed by an individual in a
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designated position,” (2 CCR 18701(a)(2)), as part of City’s service to the County under this Agreement.
City shall immediately notify the County of the names and email addresses of any additional individuals
later assigned to provide such service to the County under this Agreement in such a capacity. City shall
immediately notify the County of the names of individuals working in such a capacity who, during the
course of the Agreement, end their service to the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service
under this Agreement, City shall ensure that all such individuals identified pursuant to this section
understand that they are subject to the Act and shall conform to all requirements of the Act and other
laws and regulations listed in subsection (A) including, as required, filing of Statements of Economic
Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and
within 30 days of their termination of service pursuant to this Agreement.
14. Contracting Principles
All entities that contract with the County to provide services where the contract value is $100,000 or
more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally
responsible entities and shall treat their employees fairly. To ensure compliance with these contracting
principles, the City and all contractors shall: (1) comply with all applicable federal, state and local rules,
regulations and laws; (2) maintain financial records, and make those records available upon request; (3)
provide to the County copies of any financial audits that have been completed during the term of the
contract; (4) upon the County’s request, provide the County reasonable access, through representatives
of the City, to facilities, financial and employee records that are related to the purpose of the contract,
except where prohibited by federal or state laws, regulations or rules.
15. California Public Records Act
County and City are public agencies subject to the disclosure requirements of the California Public
Records Act (“CPRA”). If either County’s or City’s proprietary information is contained in documents
or information submitted to the other party, and the submitting party claims that such information falls
within one or more CPRA exemptions, the submitting party must clearly mark such information
“CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information.
In the event of a request for such information, the receiving party will make best efforts to provide notice
to the submitting party prior to such disclosure. If the submitting party contends that any documents are
exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order,
injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the
receiving party is required to respond to the CPRA request. If the submitting party fails to obtain such
remedy within the time the receiving party is required to respond to the CPRA request, the receiving
party may disclose the requested information.
16. Third Party Beneficiaries
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity
other than the parties.
17. COVID-19 Requirements
City shall comply with all County requirements relating to COVID-19 for persons who routinely
perform services for the County onsite and share airspace with or proximity to other people at a
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County facility as part of their services for the County, including but not limited to vaccination, as
applicable and periodically updated, and available at https://procurement.sccgov.org/doing-business-
county/contractor-vaccinations and incorporated herein by this reference. If applicable, City shall
complete the Contractor Certification of Compliance with COVID-19 Vaccine Requirements
(“Certification”), attached hereto as Exhibit G. City shall comply with the requirements of this
Section for the entire term of this Agreement.
City shall comply with all reasonable requests by County for documentation demonstrating City’s
compliance with this Section. Failure by City to comply with any of the requirements of this Section
(including but not limited to vaccination and masking requirements and completion and submittal of
the Certification) is a material breach of this Agreement, and the County may, in its sole discretion
terminate this Agreement immediately or take other action as the County may determine to be
appropriate.
18. Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as defined
in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services.
(b) Prohibitions.
1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency
on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or
loan guarantee funds on certain telecommunications products or from certain entities for
national security reasons.
2. Unless an exception in paragraph (c) of this clause applies, City and any contractor and/or
subcontractor may not use grant, cooperative agreement, loan, or loan guarantee funds from
the Federal Emergency Management Agency to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
b. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology of
any system;
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system; or
d. Provide, as part of its performance of this contract, subcontract or other
contractual instrument, any equipment, system or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
(c) Exceptions.
1. This clause does not prohibit City or its contractors or subcontractors from providing—
a. A service that connects to the facilities of a third-party, such as backhaul,
roaming, or interconnection arrangements; or
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b. Telecommunications equipment that cannot route or redirect user data traffic or
permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
2. By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
1. In the event the City or its contractor or subcontractor identifies covered telecommunications
equipment or services used as a substantial or essential component of any system, or as
critical technology as part of any system, during contract performance, or City or its
contractor or subcontractor is notified of such by a subcontractor at any tier or by any other
source, City shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the
information.
2. City shall report the following information pursuant to paragraph (d)1 of this clause:
a. Within one business day for the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier
unique entity identifier (if known); supplier Commercial and Government Entity
(CAGE) code (if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number); item description; and
any readily available information about mitigation actions undertaken or
recommended.
b. Within 10 business days of submitting the information in paragraph (d)2a of this
clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services,
and any additional efforts that will be incorporated to prevent future use or
submission of covered telecommunications equipment or services.
(e) Subcontracts.
City shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other
contractual instruments.
19. Domestic Preferences for Procurement 2
a. As appropriate and to the extent consistent with law, City should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all contracts and purchase orders
for work or products under this agreement.
b. For purposes of this section:
i. “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application
of coatings, occurred in the United States.
2 “Local preference” is still prohibited under 2 CFR Part 200 Section 200.319(c)
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ii.“Manufactured products” means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-
based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
20.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__________________________ ________ ______
Jeffrey V. Smith Date Date
County Executive
Approved as to Form and Legality:
____________________________
Kavita Narayan Date Date
Assistant County Counsel
Date
CITY OF GILROY
_________________________
Jimmy Forbis
City Administrator
Approved as to Form:
____________________________
Andy Faber
City Attorney
____________________________
Thai Pham
City Clerk
Enclosures
Exhibit A Santa Clara County EMPG Notification of Subrecipient Application Approval
Exhibit B Standard Assurances for Cal OES Federal Non-Disaster Grant Programs
Exhibit C Certification Regarding Lobbying
Exhibit D Federal Funding Accounting and Transparency Act (FFATA) Financial
Disclosure
Exhibit E Project Narrative(s)
Exhibit F Functional Timesheet Sample
Exhibit G Contractor Certification of Compliance with COVID-19 Vaccine Requirements
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
3/2/2022
3/16/2022
3/17/2022
County Executive
55 West Younger Ave, Suite 450
Jeffrey V. Smith
San Jose, CA 95110
Santa Clara County
December 30, 2021
Dear Mr. Smith:
MARK S. GHILARDUCCI
DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8510 TELEPHONE
NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL
FY 2021 Emergency Management Performance Grant (EMPG)
Subaward #: 2021-0015, Cal OES ID: 085-00000
The California Governor's Office of Emergency Services (Cal OES) has approved your
FY 2021 Emergency Management Performance Grant (EMPG) application in the
amount of $521,180. As of the date of this letter, you may request reimbursement of
eligible grant expenditures using the Cal OES Financial Management Forms Workbook
(FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is
enclosed for your records.
Any activities requiring additional review (e.g., Environmental Planning and Historic
Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment,
etc.) shall not incur costs until you receive written approval for those activities.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit
Requirements. Any funds received in excess of current needs, approved amounts, or
those found owed as a result of a final review or audit, must be refunded to the State
within 30 days upon receipt of an invoice from Cal OES.
For additional information, please contact your Cal OES Program Representative.
SUBJECT:
Homeland Security & Emergency Management Grants Processing
Enclosure
cc: Subrecipient file
GAVIN NEWSOM
GOVERNOR
www.CalOES.ca.gov
EXHIBIT ADocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
DocuSign Envelope ID: 718D6574-E2E4-4AC4-BF79-08881F697EF5 -ic O G C S IC S (C IO S) '--J-\L1rvl'\1�1J-\ \JV v """v"., vrr E F EMER EN Y ERV E a E
Cal OES #
(Cal OES Use Only)
FIPS # 085-00000 VS# 06
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
The California Governor's Office of Emergency Services (Cal OES ) hereby ma kes a Grant Subaward of funds to the following:
EA
Subaward # 2021-0015
1. Subrecipient: County of Santa Clara 1 a. DUNS#: ____ ___,0'"""6-'--9-'-l l'-'8=2=8 9'------
2. Implementing Agency: Santa Clara County Office of Emergency M anagement 2a. DUNS#: ____ ___,0'-'6-'-9-'-l l'-'8=2=8 9'------
3. Implementing Agency Address: �5-'--5 _W_e'-'s-'-t _Yo�u�n�g�e-'--r -'-A-'-v-'--e�nu �e�,�S�u-'-ite'--45�0'----------'S�a-'-n�J�o-'--se'-----------�9 �5 -'-l l�0-_1�7 _1 =2 __ _
4, Location of Project:
5, Disaster/Program Tille:
7.Indirect Cost Rate:
Item Grant Fund Number Year Source
8.2021 EMPG
9.
10.
11.
12.
Total Project Cost
(Street) (City) (Zip+4)
San Jose (City)
Emergency M anagement Performance Grant
N/A
A.Slate B, Federal C. Total
$521,180
$0 $521,180 $521,180
Santa Clara (County)
6.PerformancePeriod:-�Ju-'-l�y_l�, 2-'-0-'-2 _1 __ (Start Dale) to
95 110 - 17 12 (Zip+4)
June 30 , 2023 (End Dale)
Federally Approved ICR (if applicable ): ______ %
D. Cash Match E. In-Kind Maleh F, Total Match G, Total Cost
$521,180 $521,180 $1,042,360
$0 $0
$0 $0
$0 $0
$0 $0
$521,180 $0 $521,180 $1,042,360
13.Certification -This Grant Subaward consists of this title page, the application for the grant, which is attached and made a p art hereof, and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County FinancialOfficer, City M anager, County Administrator, Governing B oard Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this
agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipienl accepts this Grant Subaward and agrees to administer the grant project in accordance with the G rant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, andCal OES policy and program g uidance. The Subrecipienl further agrees that the allocation of funds may be contingent on the enactment of the Slate Budget.
14.CA Public Records Act-Grant applications are subject to the California Public R ecords Act, Government Code section 6250 et seq. Do not put any personallyidentifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public R ecords Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public R ecords Act will not guarantee that the information will not be disclosed.
15, Official Authorized to Sign for Subrecipient:
Name: Jeff Smith Tille: County Executive
Zip Code+4: __ 95_1_1_0 -_1_7 1_2 __
Oht A-r 11/29/2021 Payment M a11in
�
��Zi g ned by 55 W est Younger Ave, Suite 450 City: __ Sa_n_Jo_s _e ____ �-�--
Signature. i"97_�� __ vl____________________ Date: ___________________ _
16, Federal Employef11:f\lrBmHiif 07 9 4-60005 33
I � -�·--J hu• (FOR Cal OES USE QNU'_}_ -�·--
I here�� �nal knowledge that bl�7r,g J'i852°ie available for the period and ( urp{t�x�S{)�ted above.
(Cal OES Fiscal Officer) (Dale)
ENY: 2021-22 Chapter: 21 SL: 14851 Item: 0690-101-0890 Pgm: 0385 FAIN#: EMF-2021-EP-00015 10/01/20 -09/30/23 Fund: Federal Trust AL#: 97.042 Program: Emergency Management Performance Grant Match Req.: 50% on TPC Project No.: OES21EMPG000012 Amount: $521,180 SC: 2021-14851
FY 2021 EMPG/EMPG-A FMFW (Macro) v,21 l of 16
(Cal OES Director or Designee)
I
12/15/2021
(Dale)
RECEIVED
By YangY at 12:56 pm, Nov 30, 2021
ML# 746589
Facesheet
21LA0037-00
By Local and Disaster Assistance at 4:41 pm, Dec 15, 2021
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 1 of 14 Initials
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)Federal Preparedness Grants Manual;
(d)California Supplement to the NOFO; and
(e)Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1.Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(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;
EXHIBIT BDocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 2 of 14 Initials
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(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.
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 3 of 14 Initials
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 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(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 state and federal statutes relating to non-
discrimination, including:
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act
(FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 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.
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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. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733
which sets forth that no subrecipient, 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) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $30,000 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 C.F.R. Part 25 Financial
Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
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.
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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; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The 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, and
(b) 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 at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the 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 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;
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(c) Assist the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et
seq.); and
(e) 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; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
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.
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20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity’s grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code 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 (EMPG) AND
AMERICAN RESCUE PLAN ACT (ARPA) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
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.
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 publicly-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number)
to any work first produced under federal financial assistance awards.
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing
federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. 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.
27. 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.
28. Fly America Act of 1974
All recipients 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.
29. 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.
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30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
31. 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.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All recipients 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. Recipients are legally responsible to ensure
compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient’s currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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35. 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.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
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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. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
Jimmy Forbis
City Administrator 3/16/2022
City of Gilroy
Certification Regarding Lobbying
Page 1 of 2 Initials_______
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.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.
2.If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-
LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3.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.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
EXHIBIT CDocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
Certification Regarding Lobbying
Page 2 of 2 Initials_______
The Subrecipient, as identified below, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In
addition, the Subrecipient understands and agrees that the provisions of 31
U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply
to this certification and disclosure, if any.
Subrecipient: ________________________________________________________________
Signature of Authorized Agent: _______________________________________________
Printed Name of Authorized Agent: ___________________________________________
Title: _____________________________________ Date: _____________________________
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
City Administrator 3/16/2022
Jimmy Forbis
City of Gilroy
Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
Page 1 of 2 rev. August 2021
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 the Federal Emergency Management Agency, Grant
Programs Directorate Information Bulletin No. 350.
As defined by the Office of Management Budget, the following are subject to FFATA
reporting requirements:
1.All new federal awards of $30,000 or more, as of August 13, 2020.
NOTE: Cal OES reports on this requirement in the Federal Funding Accountability
and Transparency Act Subaward Reporting System (FSRS).
2.The Total Compensation and Names of the top five executive, if the
Subrecipient in the preceding year received:
a.80 percent or more of its annual gross revenues in Federal Awards; and
b.$25,000,000 or more in annual gross revenues from Federal awards; and
c.The public does not have access to information about the compensation of
the senior executives of the entity.
Subrecipients are required to provide the Executive compensation information in
the below chart, if applicable.
Executive Name Title Annual
Salary
Annual Dollar
Value of Benefits
Total
Compensation
Not subject to the Executive Compensation requirement of the FFATA Financial
Disclosure.
EXHIBIT D
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Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
Page 2 of 2 rev. August 2021
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient: ____________________________________________________________________
Signature of Authorized Agent: ___________________________________________________
Printed Name of Authorized Agent: _______________________________________________
Title: _____________________________________ Date: _________________________________
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
City Administrator 3/16/2022
City of Gilroy
Jimmy Forbis
FY21-Project Request-EMPG EOC TechnologyTechnology 1
2021 EMPG
Project Proposal Request
Form / Template
I.Background Information
I A. Requestor Contact Information
Agency Santa Clara County Office of Emergency Management
Name Ivan Williams
Position/Title OAC Liaison/Senior Management Analyst
Phone 408-808-7835
Mobile Number
Agency Address Office of Emergency Management
55 West Younger Avenue, Suite 450
San Jose, CA 95110
Email ivan.williams@oem.sccgov.org
I B.Project NameEOC Technology
TOTAL PROJECT COST
(Insert the total from Funding section) $80,000 (scalable)
I C.Project TypeUse the checkbox to indicate corresponding project
☐This project is a new Project.
☐This project is part of an ongoing Project.
☒This project is for sustainment of a previously funded Project.
II.ALIGNMENT WITH NATIONAL PREPAREDNESS
GOALS by Core Capability and Mission Area
I D.Solution Areas
☐Planning ☐Organization ☒Equipment ☐Training ☐Exercises
Choose ONLY one Sub Area (Sub Category) for Mission Areas above
☐Community
Outreach
☐Conference
☐Develop and
Enhance Plans,
Protocols and
Systems
☐Staffing
☐Day to Day Activities/
/operations that support
emergency management
☒Information
Technology
☐Cyber Security
Enhancement Equipment
☒Interoperable
Communications
Equipment
☒Other Authorized
Equipment
☐Staff Expenses
☐Course Development
☐Course Delivery and
Evaluation
☐Staff Expenses
☐Certification /
Recertification of
instructors
☐Design/Develop
☐Conduct / Attend /
Evaluate
☐Supplies / Materials /
Production Costs
EXHIBIT EDocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
FY21-Project Request-EMPG EOC TechnologyTechnology 2
I E. Core Capability and Community Lifelines
- Identify each of the 12 Emergency Management Core Capabilities (or other Core Capability) this
project addresses as well as the Community Lifeline(s) this project is most likely to help restore. Please check all that apply.
☒ Planning ☒ Public Information
& Warning ☒ Operational Coordination ☒ Long-Term
Vulnerability Reduction ☐ Risk and Disaster
Resilience Assessment
☒ Situational
Assessment ☐ Community
Resilience ☐ Threats and Hazard
Identification ☐ Logistics and Supply
Chain ☒ Mass Care Services
☐ Economic
Recovery ☐ Other (please specify)
_____________________________________________________________________
Please identify the Community Lifelines this project is most likely to help stabilize:
☐ Safety and
Security ☒ Food, Water,
Shelter
☒ Health and Medical ☒ Energy (Power & Fuel) ☒ Communications
☐ Transportation ☐ Hazardous Materials
I F. Project Description/Justification
- Briefly describe exactly what the project entails (including any equipment purchases or
contracting that will be necessary for the project). Please also describe how the project is
expected to impact (improve/sustain) the Core Capability(ies) and restore the Community
Lifelines identified above.
This project enables Operational Area emergency managers to fully leverage data
communication capabilities and sharing of critical information in their EOCs. Laptops and other
computers support response and mitigation during emergencies and disasters via common
operating picture and resource management web-based programs such as Web EOC, HSIN,
COPLink, Mutualink, etc. as well as by supporting situational awareness.
Eligibility of Operational Area jurisdictions for this funding is based on the following criteria:
Equipment criteria—Laptops/Computers
• Funding is primarily for replacement of existing EOC laptops/computers 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.
Equipment Criteria—Projectors/Screens/Monitors/Displays/Printers/Laminators/Switches/
Networking/Audio or Visual Communications Equipment (e.g. speakers, microphones, cameras,
mixers, etc.)
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
FY21-Project Request-EMPG EOC TechnologyTechnology 3
• Each piece of equipment under this category must be fully described including both
equipment quantities and specifications (e.g. 2 50” displays), where in the EOC it will be
mounted/ located (e.g. North wall) and how it will be used (e.g. to provide situational
awareness, WebEOC status boards, etc.).
• Mounted equipment will require State and Federal Environmental and Historic
Preservation (EHP) approval prior to purchase of equipment. Forms must be submitted as
soon as possible after grant award.
• Cost estimates, including actual bids/pricing information for the equipment must be
provided to the grant manager for review and approval. The overall EOC technology
project budget may require prioritization of individual jurisdiction’s specific technology
projects.
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 July
15, 2021.
• Each City/Town must enter into an MOU with the County for the computers by February
28, 2022.
• Each City/Town must procure any approved laptops/computers under an existing
competitive contract OR obtain bids (at least 2) in accordance with local (City/Town) and
Federal procurement rules (whichever is more restrictive).
Each City/Town must procure any approved computers / equipment and submit all invoices to the
County Office of Emergency Management by November 30, 2022.
I G. Does this project require a sole source?
☐ Yes If “Yes”, please explain ☒ No N/A
I H. Installation
- Does this project require installation, new construction or renovation, retrofitting, or
modification of existing structures?
☒ Yes, If “Yes”, please: ☒ No
1. Provide an explanation AND Attach a completed Environmental and Historic Preservation screening
form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195
Specific Jurisdiction equipment may be mounted and require an EHP. Completed EHP forms will be required once a specific
project that requires installation is selected.
III. FUNDING
III A. Proposed funding amount
- Provide the proposed funding amount to be obligated from this Project towards Planning and
Equipment elements.
(Please check the appropriate box(es) on the left side for all that apply).
- Also, for each funding area selected, provide a brief narrative below describing the items or
services being funded.
ELEMENT PROPOSED FUNDING
☐ Planning $
☒ Equipment $80,000
☐ Management & Administration $
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
FY21-Project Request-EMPG EOC TechnologyTechnology 4
☐ Training $
☐ Exercise $
TOTAL PROJECT COSTS $
Description of Expenditures That Will Be Used for Project Grant Match
TBD
AEL # Equipment
- Use this link to locate and provide the Authorized Equipment number needed for
equipment approval https://www.fema.gov/authorized-equipment-list
☒ 04HW-01-INHW
04MD-03-DISP
04MD-02-PROJ
Information Technology
☐ Cyber Security Enhancement Equipment
☐ Interoperable Communications Equipment
☐ Detection Equipment
☐ CBRNE Reference Materials
☐ CBRNE Incident Response Vehicle
☐ Physical Security Enhancement Equipment
☐ Power Equipment
☐ CBRNE Logistical Support Equipment
☐ 21GN-00-OCEQ Other Authorized Equipment:
Contact grants manager prior to selected this sub-category
III B. Other Source(s) of funding
- List other source(s) of funding that is being requested or utilized for this project
(check the appropriate box(es) on the left side)
ELEMENT PROPOSED FUNDING
☐ UASI $
☐ SHSGP $
☐ General Funds $
☐ Other Grant Funds $
TOTAL OTHER FUNDING $N/A
Other Funds:
- Explain how any other funds, such as general funds, UASI, etc., will be used to
assist in implementation of this project.
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
FY21-Project Request-EMPG EOC TechnologyTechnology 5
PROJECT MANAGEMENT AND IMPLEMENTATION
IV A. Milestones
Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period
under the 2021 EMPG.
No start date should begin before July 1, 2021 and no end date should end after March 31, 2023.
These dates are subject to change based on notification of application approval.
No equipment may be purchased, contracts started or project costs incurred until notified by Grant
Administrator that funds may be spent.
If unsure of exact dates, use Quarter timeframes
Include key steps in the procurement process—i.e. RFP issuance, Contract execution, PR issuance, delivery, etc.
MILESTONE
NUMBER
MILESTONE NAME/DESCRIPTION
(1,000 CHARACTER LIMIT)
START DATE
(MM/DD/YYYY)OR
Q1, Q2, Q3, Q4
END DATE
(MM/DD/YYYY)OR
Q1, Q2, Q3, Q4
1 MOU between City/Town and County in Place As early as Dec 1, 2021 No later than Feb 28, 2022
2 Environmental Historic Preservation (EHP) Forms for FEMA Review Completed (If applicable) As early as Nov 1, 2021 No later than May 31, 2022
3 City/Town Performance Period As early as July 1, 2020 No later than March 31 2023
4 City/Town Procurement of Project Equipment (once grant award is made and MOU is signed) As early as Jan 1, 2022 No later than Nov 30, 2022
5 Installation and testing of Project Equipment As early as Jan 1, 2022 No later than Nov 30, 2022
6 City/Town submits invoice to County for reimbursement As early as January 1, 2022 No later than Dec 31, 2022
IV B. Project Outcomes
- Describe the outcomes and benefits that will be achieved as a result of this project. The
outcomes should address specific community lifelines.
EOC laptops and EOC equipment 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. Laptops must meet minimum standard requirements to
support WebEOC, HSIN, COPLink, and WebLink as well as other websites and software that
may be needed in a disaster.
A laminator with the capacity to create large sized documents and maps provides staff with the
ability to quickly create operational maps and charts when a hazard occurs. Maps and charts of
relevant information, such as the location of the city’s power lines, can be made in advance
and prepared so that in an emergent situation they can be quickly accessed and used.
Enhanced technology in EOCs create more efficient and effective Emergency Operations
Center. The equipment will be interoperable with existing communications systems, enabling
live updates during hazard events. Situational awareness will be available to all EOC personnel
at all times, with multiple screens in various strategic locations around the room projecting and
sharing updated information for events throughout the City/Town as well as the region.
Updated technology facilitates the exchange of real time data with outside agencies and
provides timely communication and notification to the public when a hazard occurs.
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
FY21-Project Request-EMPG EOC TechnologyTechnology 6
IV C. Project Deliverables
- Describe the specific deliverables that will be produced as a result of this project.
EOC laptops for jurisdictions within the Operational Area capable of supporting and
displaying WebEOC, HSIN, COPLink, and WebLink as well as the other work of an
Emergency Operations Center during a disaster.
EOC displays (projector, monitor, wall maps, etc.) will be upgraded to facilitate better
situational awareness and to communicate a common operating picture within the EOC as well
as facilitate interoperable communication with the public and outside agencies.
New and upgraded audio and visual equipment enhances communication with entities outside
the primary EOC location whether during virtual EOC operations (such as during the
pandemic) or in coordination with other EOCs, Department Operations Centers (DOCs),
Incident Command Posts (ICPs), or others.
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
WBS #
M T W TH F S S M T W TH F S S TOTAL
12/27/21 12/28/21 12/29/21 12/30/21 12/31/21 1/1/22 1/2/22 1/3/22 1/4/22 1/5/22 1/6/22 1/7/22 1/8/22 1/9/22 HOURS
A - EMPG Grant Administration
B - EOAC Liaison
C - CSTI Training
D - EOC Technology
E - ReadySCC App
F - Preparedness Materials and Outreach
G - CADRE Community Preparedness
H - Emergency / Risk Communications
Officer
I - Remote Automated Weather Station
(RAWS)
Emergency Manager CERT Related
Activities
Emergency Manager PLANNING Activities
Emergency Manager TRAINING
Administration, Development and Delivery
or EXERCISE Activities
Emergency Manager OPERATIONAL
READINESS Activities
Emergency Manager COVID-19 Related
Activities
Public Risk Communication Officer/PIO
Actitivies
STO / Vacation / Leave
Total Work Hours
Employee Signature Supervisor's Signature
LABOR DISTRIBUTION
TIME SHEET Week Ending First and Last Name
City/County
Participating
1/9/22 Sample Name SCC OEM
107-G107EM21
PROJECTS
HOURS WORKED BY DAY
EXHIBIT FDocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
CONTRACTOR CERTIFICATION OF COMPLIANCE WITH
COVID-19 VACCINE REQUIREMENTS
(Revised January 4, 2022)
Contractor Information:
Contractor name: Name of Contractor representative:
Contractor phone number: Contractor email address:
Contractor Certification. On behalf of Contractor, I hereby certify that:
1. Contractor has reviewed and is in compliance with all current County requirements regarding
COVID-19 vaccination applicable to contractor’s employees working at County facilities,
including but not limited to the requirements in the County’s memorandum regarding COVID-
19 Vaccine Requirement for County Personnel (“County Vaccine Policy”), the County’s
memorandum regarding Application of COVID-19 Vaccination Requirement to County
Contractors, Interns, and Volunteers, all current State and County Health Officer orders, and
any other County requirements. These memoranda and current County policies are accessible
at <https://procurement.sccgov.org/doing-business-county/contractor-vaccinations>.
Contractor has also reviewed and is in compliance with the State of California’s July 26, 2021
Public Health Order and December 22, 2021 Public Health Orders. Contractor understands that
it is responsible for reviewing and maintaining compliance with all subsequent revisions or
amendments to State and County orders and requirements regarding COVID-19.
2.As of the date signed below:
a.Contractor understands that it must confirm, and has confirmed, that all of contractor’s
workers (including any subcontractor workers) who routinely perform services for the
County onsite and share airspace with or proximity to other people at a County facility
as part of their services for the County 1 are:
i.Fully vaccinated against COVID-19 and, as of January 24, 2022, up-to-date on
any boosters for which they are eligible as defined and required in the County
Vaccine Policy; or
1 As established in the County’s Memorandum Regarding Application of COVID-19 Vaccination Requirement to County
Contractors, Interns, and Volunteers, contractors performing work at closed construction sites are not required to comply
with the County’s vaccination requirements, but must comply with all applicable federal, state, and local public health laws,
including but not limited to vaccination, testing, and masking requirements.
EXHIBIT G
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
ii. Have a legally sufficient and approved medical, disability, or religious
exemption from vaccination that has been granted by contractor.
b. Contractor has verified and will continue to verify the vaccination status of all staff
working on site at any County facility, and has obtained proof of vaccination from its
staff in a form consistent with the California Department of Public Health’s Vaccine
Records Guidelines and Standards.
3. If contractor seeks to send any workers who are not fully vaccinated and, as of January 24,
2022, up-to-date on boosters for which they are eligible, to any County facility because the
contractor has granted them an exemption, contractor shall notify the County in writing by
providing a list of any such workers to the COVID-19 Designee for the department that
manages the facility where the contractor personnel will be working at least 96 hours in
advance of any such worker arriving onsite so that the department has sufficient time to
determine whether it will approve the contractor’s requests that its personnel work onsite and,
if approved, can ensure that the contractor has complied with all applicable COVID-19 safety
requirements for unvaccinated individuals, including, where appliable, regular testing and the
use of a fit-tested N95 mask.2 Notice must be separately provided to each department that
manages a facility where contractor seeks to assign personnel to work onsite. Regardless of
exemption status, personnel who are not fully vaccinated and, as of January 24, 2022, up-to-
date on boosters for which they are eligible may not work in higher-risk settings at County
facilities.3
4. If any of contractor’s workers are noncompliant with vaccination or testing requirements,
contractor will notify the County Department for which they are providing services
immediately and will not permit those workers to go onsite at a County facility without express
written permission from the County.
//
//
//
//
//
2 If contractor sends workers who are not fully vaccinated and, as of January 24, 2022, up-to-date on boosters for which
they are eligible, it is contractor’s obligation to ensure that it has any necessary authorization under the California
Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this
information with the County.
3 “Higher-Risk Settings” are those identified in the Order of the Health Officer of the County of Santa Clara Requiring Up-
to-Date COVID-19 Vaccination of Personnel in Higher-Risk Settings, available at: https://covid19.sccgov.org/december-
28-2021-booster-health-order. There are certain high-risk roles and high-risk areas that are not within higher-risk settings.
Regardless of exemption status, effective no later than February 1, 2022, County personnel are not permitted to work in
these high-risk roles and high-risk areas if they are not fully vaccinated and, as of January 24, 2022, up-to-date.
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8
5.Contractor will comply with all reasonable requests by the County for documentation
demonstrating the contractor’s compliance with this Certification.
I verify the truth and accuracy of the statements in this Certification under penalty of perjury under the
laws of the State of California.
_____________________________________
Name of authorized representative of
Contractor
________________________________
Title
_____________________________________
Signature
________________________________
Date
DocuSign Envelope ID: 0AB70090-8982-48AB-840D-EFB8767B27E8