HomeMy WebLinkAboutHomeland Security Grant Program2023 SHSGP MOU City of Gilroy 1
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY GRANTING PROGRAM FUNDS FOR THE 2023 STATE HOMELAND SECURITY GRANT PROGRAM
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 2023 State Homeland Security Grant Program (“SHSGP”) funds. RECITALS
WHEREAS, the 2023 SHSGP (AL# 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 Framework (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 the County Health
Officer, the County Fire Chief, a Municipal Fire Chief, the County Sheriff, and a 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, 2023, the California Governor’s Office of Emergency Services (“Cal
OES”) awarded the County 2023 SHSGP funds in the amount of $1,882,403 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.
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(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 2023.
(f) “Grant Certifications and Assurances” shall mean the FY23 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 2023.
(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.
Authorized personnel budgets are allowable within the County OEM, Central Fire, and County Emergency Medical Services for grant-funded staffing. The personnel budget for these departments will
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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
$8,640 for equipment, and $20,813 for training costs, and $0 for planning costs 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://sam.gov/content/home) (a print-out of the search result page will suffice)
• Purchase order and/or contract
• Receiving documentation/packing slip
• Invoice
• Proof of payment
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All equipment must be approved by the County Approval Authority and must be authorized per the web-based Authorized Equipment List at https://www.fema.gov/grants/tools/authorized-equipment-list. (You may also contact the Grant Manager for a current Authorized Equipment List number.)
(b) Subcontracts If City awards subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit D, within 30
days of the award. The following information must be included in City’s report on any sub-award
exceeding $25,000:
• Name of entity receiving award;
• Amount of award;
• Funding agency;
• Assistance Listing 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;
• Federally issued “Unique Entity ID” 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 2024, City must report any required
compensation information by May 31, 2024.
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 and Single Source Contracts Sole source or single source contracts of $250,000 or more are not allowable under the SHSGP
program unless first approved by Cal OES. City must obtain sole/single source request documentation and submit it to the Grants Manager of County’s OEM. Upon City’s completion and submission of the required sole/single source documentation, County’s Grants Manager shall
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forward all sole/single source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole/single source procurement be completed and expenditures reimbursed using SHSGP 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) 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, 2025, and any related invoice shall be submitted by April 30, 2025, unless otherwise pre-approved by County’s OEM Director
or designee, in order to meet 2023 SHSGP deadlines. (b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after April 30, 2025.
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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 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; 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.
(d) 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. 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.
(e) 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
is not debarred, suspended, or otherwise excluded from participation in the SHSGP program.
City shall maintain documentary proof of this verification in its files. 2. Scope of Services
(a) If 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
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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 compliant 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 2023 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 2023 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, 2023 – December 31, 2023) – due by January
15, 2023
• Performance Period 2 (January 1, 2024 – March 31, 2024) – due by April 15, 2024
• Performance Period 3 (April 1, 2024 – June 30, 2024) – due by July 15, 2024
• Performance Period 4 (July 1, 2024 – September 30, 2024) – due by October 15, 2024
• Performance Period 5 (October 1, 2024 – December 31, 2024) – due by January 15, 2025
• Performance Period 6 (January 1, 2025 – March 31, 2025) – due by April 15, 2025 (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.
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(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, 2023 through May 31, 2025. 2. Availability of Funds (a) The parties acknowledge and agree that this Agreement is dependent upon the availability of county, regional, State and/or federal funding.
(b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount.
(c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources.
3. Termination (a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The
written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice. (b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination
shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable 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,
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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’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 VI unless that failure materially impairs City’s ability to defend against the claim, expense, cost, damage, or
liability.
3. Limitation on Liability County, its officers, board members, employees, and agents shall not be responsible for any damage or
liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers,
board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement.
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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 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 SHSGP 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: Michelle Sandoval Grant and Administrative Services Manager
County of Santa Clara Office of Emergency Management
55 W. Younger Ave., Suite 450 San José, 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 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,
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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 (2), 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 City’s Office of Equality Assurance.
(e) Prior Judgments, 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 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, 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
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
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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 City should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of
nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than
35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving. If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water
with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may
be provided as condiments; (3) unsweetened, unflavored nonfat or 1% low-fat dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce
serving. Sugar-sweetened beverages shall not be provided.
5. Governing Law This Agreement has been executed and delivered in, and shall be construed and enforced in accordance
with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall
be in the County of Santa Clara. 6. Assignment
The parties may not assign this Agreement or the rights and obligations hereunder without the specific
written consent of the other. 7. Entire Agreement
This 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, covenants 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; Contract Execution
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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. Conflicts of Interest; Political Reform Act City shall comply, and require its subcontractors to comply, with all applicable (i) requirements
governing avoidance of impermissible 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 is presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. City is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision.
If applicable, City and its agents shall comply with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8), which (1) require a party to a proceeding involving a contract to disclose on the record of the proceeding any contribution, as defined
by Government Code section 84308(a)(6), of more than $250 that the party or their agent has made
within the prior 12 months, and (2) prohibit a party to a proceeding involving a contract from making a contribution, as defined by Government Code section 84308(a)(6), of more than $250 to any County officer during the proceeding and for 12 months following the final decision in the proceeding. Disclosures pursuant to the Levine Act must be submitted online at the Office of the Clerk of the Board
of Supervisors website at http://www.sccgov.org/levineact.
13. California Public Records Act
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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.
14. 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.
15. COVID-19 Requirements
City shall comply with all County requirements in effect relating to COVID-19 for persons who routinely perform services for County onsite and share airspace with or proximity to other people at a County facility as part of their services for County as set forth in a County Health Order (or similar directives) available at https://covid19.sccgov.org/home, and incorporated herein by this reference.
City shall comply with all reasonable requests by County for documentation demonstrating City's
compliance with this Section. 16. Survival
All representations, warranties, and covenants contained in this Agreement, or in any instrument,
certificate, exhibit, or other writing intended by the parties to survive this Agreement, shall survive the termination or expiration of this Agreement, including but not limited to all terms (1) providing for indemnification of County; (2) relating to the California Public Records Act; (3) relating to County Data; and (4) relating to Contractor’s obligations upon termination or expiration of this Agreement.
17. 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
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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 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: 1. Are not used as a substantial or essential component of any system; and
2. 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
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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. 18. Domestic Preferences for Procurement1 (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:
1. “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. “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. 19. Noncompetitive Procurement & Training
The State will not reimburse grant recipients for non-competitively procured terrorism-related training
or exercises, regardless of the cost. Exceptions to this policy may be approved in limited circumstances, e.g., related to a procurement effort that has resulted in inadequate competition. County requires City to submit the Cal OES Request for Noncompetitive Procurement Authorization form for any training or exercise-related sole/single source requests. City must have written approval for non-competitively procured source training or exercises prior to obligating any funds.
20. Nationwide Cybersecurity Review (NCSR) All SHSGP recipients must complete the NCSR between October and December and the submission deadline is December 1st of every year. Completion time is approximately 2-3 hours.
The Federal Emergency Management Agency (FEMA) and the Cybersecurity and Infrastructure Security Agency (CISA) have determined that providing information on the Nationwide Cybersecurity Review (NCSR) benefits and improves the quality of cybersecurity investment justifications (IJs) submitted by SHSGP recipients. The NCSR is a no-cost, anonymous, and annual self-assessment
1 “Local preference” is still prohibited under 2 CFR Part 200 Section 200.319(c)
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designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies’ cybersecurity programs. The anonymous results provide actionable feedback and metrics directly to individual respondents.
21. Certified Resolution of Signature Authority
Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing execution, delivery, and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of City.
Signed: COUNTY OF SANTA CLARA CITY OF GILROY
By__________________________ ________ By_________________________ ________ James R. Williams Date Jimmy Forbis Date
County Executive City Administrator
Approved as to Form and Legality: Approved as to Form:
____________________________ ________ ____________________________ ________ Kavita Narayan Date Andy Faber Date Chief Assistant County Counsel City Attorney
Attest:
____________________________ ________
Beth Minor Date
Interim City Clerk Enclosures
Exhibit A 2023 SHSGP Project Funding List
Exhibit B 2023 SHSGP Grant Assurances
Exhibit C Quarterly Reporting Requirements and Report Template
Exhibit D Financial Disclosure Form (FFATA)
Exhibit E Certification Regarding Lobbying
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5/7/2024
5/8/2024
5/8/2024
FY 2023 State Homeland Security Grant Program Exhibit A Line Item #DisciplineAgency/Contact Info
Funding
Category Project Description Allocated Amount
15
Emergency
Mgmt
Gilroy Office of Emergency Management
Andrew Young, Emergency Services Coordinator Equipment GFD Satellite Phone Deployment $8,640.00
45 Fire Gilroy Fire Department Training
Incident Response to Terrorist
Bombings (IRTB) Course $20,813.00
$29,453.00
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 1 of 15 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.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
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/.
In the event Cal OES determines that changes are necessary to the subaward after a
subaward has been made, including changes to period of performance or terms and
conditions, Applicants will be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Applicant acceptance of
the changes to the subaward.
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:
Exhibit B
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(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d) The 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) The 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.
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(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 Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principle
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 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;
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(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 (4)(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:
(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. § 12101et seq.), 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)—
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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;
(k) Department of Homeland Security (DHS) policy to ensure the equal
treatment of faith-based organizations, under which the Applicant 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 §§12940-12957), 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.
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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;
(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.); and
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(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 section 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit
Requirements.
9. Cooperation and Access to Records
The Applicant 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 provides that Applicant shall not 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), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
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and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set
forth in the government-wide financial assistance award term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) 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 seq.) 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)
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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 federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
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
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; 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
The Applicant is 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.
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Drivers are also prohibited from the use of a wireless telephone without hands-free
listening and talking, unless to make an emergency call to 911, law enforcement, or
similar services.
20. 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 §7920.000 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
The Applicant must acknowledge its 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
The Applicant 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. If the Applicant collects PII, the Applicant is
required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
resource.
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24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of United States Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
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 the Applicant 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
The Applicant 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
The Applicant is required to be non-delinquent in its 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
The Applicant must comply with Preference for United States 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, the
Applicant 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
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant 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, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is
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
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant’s currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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35. USA Patriot Act of 2001
The Applicant 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
The Applicant 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.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, the Applicant must demonstrate how
the grant-funded project addresses the core capability gap associated with each
project and identified in the Threat and Hazard Identification and Risk Analysis or
Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
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(b) All manufactured products used in the project are produced in the United
States – this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under
applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means
that all manufacturing processes for the construction material occurred in the
United States.
The “Buy America” preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a “Buy America” preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America”
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order
14074. The Applicant is also encouraged to adopt and enforce policies consistent with
Executive Order 14074 to support safe and effective policing.
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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
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 Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) 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. Applicants are bound by DHS Standard Terms
and Conditions 2023, Version 2, 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.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
DocuSign Envelope ID: BAA65935-8BA7-44D3-9E7C-EFC33CA35444
City Administrator
City of Gilroy
5/8/2024
Jimmy Forbis
Exhibit C
Quarterly Performance and Reporting Requirements
Quarterly performance reports indicating the status of FY 2023 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, 2023 – December 31, 2023) – quarterly performance
report due January 15, 2024
• Performance Period 2 (January 1, 2024 – March 31, 2024) – quarterly performance period
report due April 15, 2024
• Performance Period 3 (April 1, 2024 – June 30, 2024) – quarterly performance period report due
July 15, 2024
• Performance Period 4 (July 1, 2024 – September 30, 2024) – quarterly performance period
report due October 15, 2024
• Performance Period 5 (October 1, 2024 – December 31, 2024) – quarterly performance period
report due January 15, 2025
• Performance Period 6 (January 1, 2025 – March 31, 2025) – quarterly performance period
report due April 15, 2025
• Performance Period 7 (April 1, 2025 – May 31, 2025) – quarterly performance period report due
June 1, 2025
DocuSign Envelope ID: BAA65935-8BA7-44D3-9E7C-EFC33CA35444
Performance Report
FISCAL YEAR 2023 Homeland Security Grant Program
Reporting Sub-recipient: __________________________________________________
Performance Period: from _________________ to ____________________
(see Agreement with County for Performance Period Report due date)
Mailing Instructions: Please complete the performance report and return it by the appropriate due
date as indicated: (see Agreement with County for Performance Period Report due dates)
Santa Clara County Office of Emergency Management
Attention: Michelle Sandoval
55 West Younger Ave, Suite 450
San Jose CA, 95110
Questions regarding the completion of this performance report should be directed to Santa Clara
County Office of Emergency Management (408) 808-7800. Questions can also be sent via email to
GrantsTeam@oem.sccgov.org. Reports can be mailed to the above address.
Part I –Sub-recipient Contact Information
Authorized person who is responsible for completing this form:
Name_______________________________________________________________________
Title ________________________________________________________________________
Mailing
Address_____________________________________________________________________
Phone_____________________________________Fax______________________________
E-mail _____________________________________________
Exhibit C
DocuSign Envelope ID: BAA65935-8BA7-44D3-9E7C-EFC33CA35444
Part II – Project Activities
Directions: Complete the following items to reflect activities completed on your project during this
reporting period.
1. Project Title: ______________________________________________________
2. Please explain the actions/processes being taken and estimated completion date.
Part III –Signature of Preparer
I certify that I have prepared this report with the most timely and accurate information available.
Signature: ____________________________________ Date: _________________________
Printed Name: _________________________________ Title: _________________________
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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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X
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: BAA65935-8BA7-44D3-9E7C-EFC33CA35444
City Administrator 5/8/2024
City of Gilroy
Jimmy Forbis
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 E
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Certification Regarding Lobbying
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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: BAA65935-8BA7-44D3-9E7C-EFC33CA35444
City of Gilroy
City Administrator 5/8/2024
Jimmy Forbis