The URL can be used to link to this page

Home My WebLink AboutMOU - County of Santa Clara - Program Funds for 2020 State Homeland Security Grant Program Funds - Signed 2022-08-25City of Gilroy Agreement/Contract Tracking Today’s Date: August 25, 2022 Your Name: Jennifer Fortino Contract Type: Other (Non-Standard contracts must be reviewed by the City Administrator prior to initiating) Phone Number: 408-846-0371 Contract Effective Date: (Date contract goes into effect) Click here to enter a date. Contract Expiration Date: 5/31/2023 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) County of Santa Clara Contract Subject: (no more than 100 characters) MOU FOR PROGRAM FUNDS FOR THE 2020 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS Contract Amount: (Total Amount of contract. If no amount, leave blank) 99,190 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 1 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY GRANTING PROGRAM FUNDS FOR THE 2020 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS THIS AGREEMENT is made effective when fully executed by the County of Santa Clara (“County”) and the City of Gilroy (“City”) for the allocation and distribution of 2020 State Homeland Security Grant Program (SHSGP) funds. RECITALS WHEREAS, the 2020 SHSGP (CFDA #97.067) supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training and exercise needs for acts of terrorism and other catastrophic events, and management and administration of the grant. In addition, SHSGP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Network (NRF); WHEREAS, the State of California (“State”) has designated the County as the Operational Area for purposes of distributing SHSGP funds to the cities, special districts and other entities within the County. An Anti-Terrorism Approval Body (“County Approval Authority”), comprised of one County Public Health Officer, County Fire Chief, Municipal Fire Chief, County Sheriff, and Chief of Police, has been appointed for the purpose of approving the distribution of SHSGP funds at the Operational Area level; WHEREAS, on September 1, 2020 the California Governor’s Office of Emergency Services (“Cal OES”) awarded the County 2020 SHSGP funds in the amount of $2,079,773. The allocation of the SHSGP funds will be determined by the County Approval Authority in accordance with the grant guidelines. NOW, THEREFORE, the County and City agree as follows: THE AGREEMENT Article I. Definitions 1. Specific Terms (a) “Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other deductions from an employee’s paycheck. This rate does not include vacation benefits. (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) “SHSGP funds” or “SHSGP funding” shall mean the funding City receives under this Agreement. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 2 (e) “Federal Program Guidance” shall mean guidance documents issued by the Federal Emergency Management Agency, including the SHSGP Program Funding Opportunity Announcement, for Fiscal Year 2020. (f) “Grant Certifications and Assurances” shall mean the FY20 SHSGP Agreement Articles, Assurances, Certifications, Terms, and Conditions (g) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or more per year. (h) “Prime Recipient” shall refer to County. (i) “State Guidance” shall mean the California Supplement to the Federal Program Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2020. (j) “Sub-Recipient” shall refer to City. 2. References to This Agreement Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other documents incorporated by reference into this Agreement; (d) all amendments, modifications, or supplements to this Agreement. Article II. Payment 1. Payment Eligibility Unless otherwise approved in advance by the County Office of Emergency Management (OEM) Grants Administrator (hereinafter “grants administrator”), only an actual cash disbursement by City for a claimed expense shall be eligible for reimbursement by the County as approved and specified in Exhibit A, SHSGP Project Funding, which is attached and hereby incorporated into this Agreement. 2. Amount of Payment The County will provide City, unless otherwise specified, with the equipment, supplies, and/or other resources as set forth in Exhibit A, SHSGP Project Funding. Specifications for such equipment shall be provided by City’s requesting agency to the County for the appropriate procurement process. City’s requesting agency will be notified when the procurement process is complete for final approval of equipment prior to the order being placed. If, through previous agreement with the County, City is to procure its own equipment, performance milestone dates will apply (refer to Article IV, Section 3(b)). The County may reallocate SHSGP funds as specified in Article II, section 4 of this Agreement. County does not guarantee a minimum payment to City. Funds in the amount of $473,732 have been set aside for the training and exercise programs from the total amount of the SHSGP grant to be allocated during the term of this Agreement. OEM will allocate DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 3 training and exercise funds to agencies as determined by the Training/Exercise Advisory Group. Authorized personnel budgets are allowable within the County OEM, Central Fire, and County Emergency Medical Services. The personnel budget for these departments will reflect the expenditure authority. Reimbursement for actual cash disbursements will be requested through the County OEM. Based on the preference of the Department/Agency, reimbursement requests may be requested on a monthly or quarterly basis. For County Departments, reimbursements will be made via inter-county transfer. For all others, a County warrant will be issued. 3. Maximum Amount Payable Subject to the availability of funds and the priorities established by the County Approval Authority, the maximum amount of SHSGP funds payable by the County to City under this Agreement must not exceed $99,191 in training funds as allocated by the County Approval Authority. 4. Reallocation of SHSGP Grant Funds For the purpose of maximizing the resources available for preparedness for acts of terrorism and other catastrophic events within the Operational Area, City agrees that the County Approval Authority may reallocate funds under this Agreement to another applicant if the County determines that City is unable to utilize the amount allocated under this Agreement. The County may base its determination on factors that include but are not limited to the following: delivery timelines, fund expenditure capabilities, and timeliness of expenditure. The County will notify City in writing of any determination to reallocate funds, by issuing a “Notice of Reallocation.” SHSGP funds will be put forth to the County Approval Authority for reallocation. City agrees that the County has the authority to increase or decrease the maximum amount payable under this Agreement as specified in the Notice of Reallocation document without liability and the County has the authority to amend Exhibit A, “SHSGP Project Funding,” accordingly. Upon issuance, the Notice of Reallocation will automatically become part of this Agreement. Article III. Requests for Reimbursement and Reimbursements 1. Required Documentation for Reimbursement The SHSGP is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the SHSGP program. (a) Requests for Equipment The following documentation is required for all reimbursement requests for equipment: • Quote or solicitation documents • Summary of pricing and chosen vendor • Documentation that vendor is not on the excluded parties list (https://www.epls.gov/) (a print-out of the search result page will suffice) • Purchase order and/or contract DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 4 • Receiving documentation/packing slip • Invoice • Proof of payment All equipment must be approved by the County Approval Authority and must be authorized per the web-based Authorized Equipment List on the Responder Knowledge Base, which is sponsored by Grants & Training and the National Memorial Institute for the Prevention of Terrorism at https://www.rkb.us/. (Contact the Grant Manager for a current Authorized Equipment List.) (b) Subcontracts If City awards subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit D, within 30 days of the award. The following information must be included in City’ 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 sub-award. For example, if the sub- award is obligated in any date in April 2020, City must report any required compensation information by May 31, 2020. 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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 5 (c) Sole Source Contracts Sole source contracts of $250,000 or more are not allowable under the SHSGP program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to the Grants Manager of County’s OEM. Upon City’ completion and submission of the required sole source documentation, County’s Grants Manager shall forward all sole source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole source procurement be completed and expenditures reimbursed using SHSGP allocated funds. Sole source requests below the $250,000 threshold must follow City’ own procurement policies. (d) Other Requests The following documentation is required for all reimbursement requests for contractors: • Quote or solicitation documents • Executive summary of how contractor was chosen • Documentation that vendor is not on the excluded parties list (https://www.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 • Financial Disclosure Form (Exhibit D) if awarded contract exceeds $25,000 The following documentation is required for reimbursement of Salaries: • Functional timesheet • Description of scope of job which includes Homeland Security-related functions • Burdened Labor Rate • Payroll reports showing amount paid for each pay period being claimed The following documentation is required for reimbursement for Training activities: • Class syllabus • Class sign-in sheet • Instructor/consultant contract documents • Instructor’s invoice • Proof of payment 2. Submission of Requests for Reimbursement (a) City shall submit reimbursement requests to County’s OEM on a quarterly basis. 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 April 15, 2022, and any related invoice shall be submitted by April 30, 2022, unless otherwise pre-approved by County’s OEM Director or designee, in order to meet 2020 SHSGP deadlines. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 6 (b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after April 30, 2022. Article IV. Use of Funds 1. Master Grant Obligations (a) City shall comply with the SHSGP Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibit B. City shall require any sub- grantee, contractor, or other entity receiving SHSGP funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that sub-grantee, contractor, or other entity complies with the Grant Certifications and Assurances. (b) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; and any other conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any sub-grantee, contractor, or other entity receiving SHSGP funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; and any other conditions imposed by Cal OES or by this Agreement. (c) City shall establish and maintain administrative, programmatic and fiscal management records in accordance with federal and state requirements, and: i. Maintain financial management systems that support grant activities in accordance with federal and state requirements, including but not limited to requirements in 44 Code of Federal Regulations (“C.F.R.”) Part 13.20, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part II, Chapter 3. ii. The County shall provide and affix equipment tracking numbers for all equipment purchased through its procurement process. Using the County-issued tracking number, City shall maintain an equipment tracking ledger that tracks the equipment within City and complies with federal and state requirements, including but not limited to requirements in 44 C.F.R., Parts 13.32 and 13.33, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part III, Chapter 6. (d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive SHSGP funds. In addition, City shall ensure and independently verify that any sub-grantee, contractor, or other entity receiving SHSGP funds through or from City complies with federal and state requirements, including but not limited to requirements in 44 C.F.R., Parts 13.32 and 13.33, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part III, Chapter 6, and is not debarred, suspended, or otherwise excluded from participation in the SHSGP program. City shall maintain DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 7 documentary proof of this verification in its files. 2. Scope of Services (a) If City has been allocated funding for a project, Exhibit A, “SHSGP Project Funding,” will serve as the basis for the project. A further detailed description may be necessary and will be requested by the County if needed to be incorporated by reference herein. If future funding is allocated, City shall provide a detailed description of the approved project to be attached hereto and incorporated by reference herein. (b) City shall use the funds granted under this Agreement in a manner consistent with: i. The applications submitted by the County to the State for the grant under this Agreement; ii. The grant guidelines issued by the State for the grant under this Agreement; and iii. The notifications issued by the State of the approval of the grant under this Agreement (c) The documents described in Exhibit B of this Agreement (collectively the “State Grant Requirements”) are on file with the County and the granting agencies of the State, and are hereby incorporated into this Agreement. City hereby acknowledges that it has received a copy of the State Grant Requirements. (d) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2020 SHSGP program, as indicated in Exhibit A, “SHSGP Project Funding”. City shall not use the funds granted under this Agreement for any other purpose. Incumbents filling positions funded by the 2020 SHSGP program shall work at a location inside of the City County Operational Area, and the work of grant-funded personnel must be solely focused on threats to the Santa Clara County Operational Area. County will not disburse funds to or otherwise pay City for services that do not address a terrorism nexus, or for 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. 3. Performance and Reporting Requirements (a) Performance reports indicating the status of outstanding projects are due to the County Grants Administrator on a quarterly basis as follows: (b) The following dates represent the Grant Performance Period for the SHSGP program: • Performance Period 1 (September 1, 2020 – December 31, 2020) – due by January 15, 2020 • Performance Period 2 (January 1, 2021 – March 31, 2021) – due by April 15, 2021 • Performance Period 3 (April 1, 2021 – June 30, 2021) – due by July 15, 2021 • Performance Period 4 (July 1, 2021 – September 30, 2021) – due by October 15, 2021 • Performance Period 5 (October 1, 2021 – December 31, 2021) – due by January 15, DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 8 2022 • Performance Period 6 (January 1, 2022 – March 31, 2022) – due by April 15, 2022 • Performance Period 7 (April 1, 2022 – June 30, 2022) – due by July 15, 2022 • Performance Period 8 (July 1, 2022 – September 30, 2022) – due by October 15, 2022 • Performance Period 9 (October 1, 2022 – December 31, 2022) – due by January 15, 2023 • Performance Period 10 (January 1, 2023 – March 31, 2023) – due by April 30, 2023 (c) The County will provide City with a report template (Exhibit C, “Performance Report”), and City will utilize the template to complete the performance submittal to the County. (d) Payments made by the County to City are conditioned upon the timely receipt of applicable, accurate and complete reports, including supporting document, to be submitted by City. (e) City will notify the County representative identified in Article VII, Section I, within 15 days, when City has completed all performance obligations for these grants. (f) City will provide single audit reports to the County by July 31st of each fiscal year. Article V. Term and Termination 1. Term of Agreement This Agreement is effective from September 1, 2020 through May 31, 2023. 2. Availability of Funds (a) The parties acknowledge and agree that this Agreement is dependent upon the availability of county, regional, State and/or federal funding. (b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources. 4. Termination (a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 9 written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice. (b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable SHSGP 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 SHSGP funding in accordance with SHSGP 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 VI: (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 VI, 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 VI 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’ expense if representation of County by counsel retained by City would result in a DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 10 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 VI unless that failure materially impairs City’ ability to defend against the claim, expense, cost, damage, or liability. 3. Limitation on Liability County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of Santa Clara, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to Santa Clara under this Agreement. County’s obligations under this Agreement shall be limited to the aggregate amount of SHSGP funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and Santa Clara relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the SHSGP funds, Santa Clara’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: Jim Wyatt, Fire Chief Gilroy Fire Department 7070 Chestnut Street, Gilroy, CA 95020 To County: Michelle Sandoval Grant and Administrative Services Manager County of Santa Clara Office of Emergency Management 55 W. Younger Ave., Suite 450 San Jose, CA 95110 DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 11 2. Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention (a) Compliance with All Laws. Santa Clara 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: Santa Clara 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 Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Santa Clara 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 Santa Clara 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: Santa Clara 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 (h), 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 a 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 Act 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 Santa Clara’s Office of Equality Assurance. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 12 (e) Prior Judgments, Decisions or Orders against Contractor: By signing this Agreement, Santa Clara 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 Santa Clara violated an applicable wage and hour law or pay equity law. Santa Clara further affirms that it 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, Santa Clara receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Santa Clara shall promptly satisfy and comply with any such Final Judgment. Santa Clara 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. Santa Clara 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 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 Santa Clara’s records, Santa Clara 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, Santa Clara 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 Santa Clara’s normal business hours upon no less than 10 business days’ advance notice. (h) Pay Equity Notification: Santa Clara 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 Santa Clara 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 Santa Clara’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 Santa Clara until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law. 3. Offer Santa Clara an opportunity to cure the breach. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 13 (j) Subcontractors: Santa Clara 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 Santa Clara 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 Santa Clara with County funds for County- sponsored meetings or events. If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans-fat per serving. Whenever possible, Santa Clara 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 Santa Clara should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving. If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored nonfat or 1% low-fat dairy milk; (4) plant- derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided. 5. Governing Law This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. 6. Assignment DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 14 The parties may not assign this Agreement or the rights and obligations hereunder without the specific written consent of the other. 7. Entire Agreement This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. 8. Amendments This Agreement may only be amended by an instrument signed by the parties. 9. Counterparts; Contract Execution This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed Agreement, or an electronically signed Agreement, 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. 10. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 11. Waiver No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. 12. Conflict of Interest In accepting this Agreement, Santa Clara covenants that is presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. Santa Clara is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision. 13. Certified Resolution of Signature Authority Upon request of County, Santa Clara shall deliver to County a copy of the resolution(s) authorizing DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 2020 SHSGP MOU City of Gilroy 15 execution, delivery, and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of Santa Clara. Signed: COUNTY OF SANTA CLARA CITY OF GILROY By__________________________ ________ By_________________________ ________ Jeffrey V. Smith Date Jimmy Forbis Date County Executive City Administrator Approved as to Form and Legality: Approved as to Form and Legality: ____________________________ __ ____________________________ __ Kavita Narayan Date Andy Faber Date Assistant County Counsel City Attorney Enclosures Exhibit A 2020 SHSGP Training Funding – Gilroy Fire Department Exhibit B Grant Assurances Exhibit C Quarterly Reporting Requirements and Report Template Exhibit D Financial Disclosure Form DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B SHSGP 2020 Training AwardGrant Year Course Title and DateTrainee CountDiscipline Jurisdiction Non‐Personnel Personnel Total Non‐Personnel Personnel TotalSHSGP 2020 TEMS Basic SWAT Tactical Medicine Course6 Fire City of Gilroy5,400.00 48,485.55 53,885.55 5,400.00 48,485.55 53,885.55 SHSGP 2020 TEMS Advanced SWAT Tactical Medicine Course6 Fire City of Gilroy5,400.00 39,904.83 45,304.83 5,400.00 39,904.83 45,304.83 99,190.38 Requested Allocation Approved AllocationGILROY FIRE DEPARTMENTDocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 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; DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 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: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B 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. § 200.213 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: DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 4 of 14 Initials (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; DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 5 of 14 Initials (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; DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 6 of 14 Initials (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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 7 of 14 Initials 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit 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 $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 8 of 14 Initials 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; DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 9 of 14 Initials (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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 10 of 14 Initials 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. HOMELAND SECURITY GRANT PROGRAM (HSGP) – 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 publically-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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 11 of 14 Initials 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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 12 of 14 Initials 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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 13 of 14 Initials 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. DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B Exhibit C Quarterly Performance and Reporting Requirements Quarterly performance reports indicating the status of FY 2020 State Homeland Security Grant Program (SHSGP) projects are due to the County Grants Administrator, Michelle Sandoval. The following dates represent the Grant Performance Period for the SHSGP program:  Performance Period 1 (September 1, 2020 – December 31, 2020) – quarterly performance report due January 15, 2021  Performance Period 2 (January 1, 2021 – March 31, 2021) – quarterly performance period report due April 15, 2021  Performance Period 3 (April 1, 2021 – June 30, 2021) – quarterly performance period report due July 15, 2021  Performance Period 4 (July 1, 2021 – September 30, 2021) – quarterly performance period report due October 15, 2021  Performance Period 5 (October 1, 2021 – December 31, 2021) – quarterly performance period report due January 15, 2022  Performance Period 6 (January 1, 2022 – March 31, 2022) – quarterly performance period report due April 15, 2022  Performance Period 7 (January 1, 2022 – March 31, 2022) – quarterly performance period report due April 15, 2022  Performance Period 8 (April 1, 2022 – June 30, 2022) – quarterly performance period report due July 15, 2022  Performance Period 9 (July 15, 2022 – September 30, 2022) – quarterly performance period report due October 15, 2022  Performance Period 10 (October 1, 2022 – December 31, 2022) – quarterly performance period report due January 15, 2023  Performance Period 11 (January 1, 2023 – March 31, 2023) – quarterly performance period report due April 30, 2023 DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B DocuSign Envelope ID: 3F3DB5F6-CBCC-4904-9E4A-813F8E56483B