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I,OSALTOS HILLS August 14, 2014 Deborah Hinton Administrative Services and Grants Analyst County of Santa Clara, Office of Emergency Services 55 W. Younger Avenue, Suite 450 San Jose, CA 95110 RE: 2013 Homeland Security Grant Program Funds Dear Deborah: Please find enclosed two signed Agreements between the County and City Granting Program Funds for the Distribution of the 2013 Homeland Security Grant Program Funds. Kindly provide us with fully executed copies once signed by the County. Thank you. Sincerely, Deborah Padovan City Clerk Enclosures 26379 Fremont Road Los Altos Hills California 94022 650/941-7222 Fax 650/941-3160 From: Marsha Hovey <marshahovey@mac.com> Sent: Tuesday, July 29, 2014 2:44 PM To: Deborah Paclovan Subject: Fwd: State Homeland Security Grant Program (SHSGP) 2013 MOU - Please confirm (Los Altos Hills) Attachments: image001Jpg; ATT00001.htm; City of Los Altos Hills - FY13 SHGP MOU.pdf; ATT00002.htm; Exhibit A SHSGP FY13 Funded Projects.pdf; ATT00003.htm; Exhibit B FY13 HSGP Assurances.pdf; ATT00004.htm; EXHIBIT C Report Template.pdf; ATT00005.htm Can you please have this MOU signed per the instructions? It will allow us to ask for training reimbursement if we do any CSTI classes. Sent from my iPhone Begin forwarded message: From: "Hinton, Deborah" <Debora h, H int ov22 2 .mm.. r r" 22m. mmmmrm.222mm.ri oes.sc�,;, �"e rr. ��"�N> Date: July 29, 2014 at 2:24:13 PIVI PDT To: "rnarshah v ri o e _,,,cxorr-i" <rnarshal,-iov �L [!Lajc.cot > . .... . .... . .... ... Cc: "Hinton, Deborah" <Debora 11-�, Eg> .. . ........... . gy-2 Subject: Re: State Homeland Security Grant Program (SHSGP) Hills) Good Afternoon: 2013 MOU - Please confirm (Los Altos My name is Deborah Hinton and I work in the Grants Administrative department for the Office of Emergency Services - Santa Clara County. Melissa Erickson no longer works here in OES. Our new Grants Manager's name is Michelle Sandoval. We discovered that the Memorandum of Understanding (MOU) was not sent to your agency. I am sending out the Memorandum of Understanding (MOD's) for the State Homeland Security (SHSGP) Grants Program for 2013. (enclosed) This enables your jurisdiction (city) to receive reimbursements for any trainings or project requests under the Homeland Security grant program. Therefore, should we need to reimburse you or if an audit is conducted the training or exercise requests under the SHSGP grant will need to have a MOU on file. We may have 2013 reimbursements that will be placed on "hold" until we have an executed MOU on file. Please print (2) copies of the attached MOU with attachments and have both copies signed and returned to me as soon as possible. All MOD's needs to be returned to me no later than August 14, 2014. *If you do not anticipate applying for any SHSGP Training or Exercise classes for funding for FY13, please send me an email confirming you will not be submitting an MOU. I will place your confirmation on file for future reference. Thank you in advance for your cooperation. Please confirm receipt of this email. Should you have any questions, I can be reached at (408) 808-7804 or via email at . . . . ..... . ...... . .............. ........... . . ........ ... . .... . .......... ... . ............. (' Have a great day. Deborah (De6arah,'-ffiii.ton Administrative Services and Grants Analyst County of Santa Clara - Office of Emergency Services 55 West Younger Street, 411, Floor I San Jose, CA 9511.0 (Direct) (408) 808-78041 Email: F)eboi-ah.Iiirl-toi-i(�'P,,oes.sccRov.ol,-o- . ............ . .. . .......... . . .... . . .... . ........ . .. . ........... . ............... N01"ICE: 71"I'liS E."t-nail ge i is ts -ay ritai.n. itiforn'tatiori ttlat i confideti.tial or restricted. It is in 01,11V for the as r(-.cipients in. lfyozi - "N'('"T]" an. a.t.i thori zed recipient,yo-Li. are prof-tibited from. 115fiag, distributing, 'printing, copyirtg, or disclosiri.g the message or content to others and 11'I'Llst delete the ni.ess age froll"i yoLtr C0111PLIter. If YOU liave received. tli.is message knerror, please notify the setlder 1.)y returri etnail. Please consider the environment before printing this email. July 30, 2014 Steve Mattas Meyers, Nave, et al. 575 Market Street, Suite 2600 San Francisco, CA 94105 RE: Consulting Services Agreement with CSG Consultants, Inc. Dear Steve: Please find enclosed a copy of the Agreement between the County of Santa Clara and the City of Los Altos Hills Granting Program Funding for the Distribution of 2013 Homeland Security Grant Program Funds. This agreement enables the Town to receive reimbursements for any trainings or project requests under the Homeland Security grant program. If acceptable, please sign both signature pages and return in the envelope provided. We must provide it to the County no later than August I.' ) 2014. Thank you. Sincerely, Deborah Padovan City Clerk Enclosures 26379 Fremont Road Los Altos Hills California 94022 650/941-7222 Fax 650/941-3160 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF LOS ALTOS HILLS GRANTING PROGRAM FUNDS FOR THE DISTRIBUTION OF 2013 HOMELAND SECURITY GRANT PROGRAM FUNDS This agreement is made November 15, 2013 by and between the County of Santa Clara (County) and the City of Los Altos Hills (City) for the distribution of 2013 Homeland Security Grant Program Funds. RECITALS WHEREAS., the 2013 Homeland Security Grant Program is made up; the State Homeland Security Program (SHSGP, CFDA #97.067); and WHEREAS., the SHSGP Program 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. 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 has designated the County of Santa Clara 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) has been appointed for the purpose of approving the distribution of SHSGP funds at the Operational Area level; WHEREAS, on October 25, 2013 the California Emergency Management Agency awarded the County a 2013 Homeland Security Grant of $1,760,533. The allocation of the SHSGP funds $1,760,533, will be determined by the County Approval Authority in accordance with the grant guidelines; and NOW THEREFORE, the parties agree as follows: THE AGREEMENT Article 1. Payment 1. Payment Eligibility Unless otherwise approved in advance by the Santa Clara County OES Grants Administrator (hereinafter "grants administrator"), only an actual cash disbursement by the City for a claimed expense is eligible for reimbursement by the County as approved and specified in Exhibit A, SHS GP Project Funding, which is attached and hereby incorporated into this Agreement. 2. Amount of Payment The County will provide the City, unless otherwise specified, with the equipment, supplies and/or other resources as. set forth in Exhibit A, SHSGP Project Funding. Specifications for Page I of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs such equipment shall be provided by the City's requesting agency to the County for the appropriate procurement process. City's requesting agency will be notified when the procurement process is complete for final approval of equipment prior to the order being placed. If, through previous agreement with the County, the City is to procure its own equipment, performance milestone dates will apply (refer to Article II, Section 3(a)). The County may reallocate SHSGP funds as specified in Article 1, section 3 of this Agreement. County does not guarantee a minimum payment to the City. Funds in the amount of $100,000 have been set aside for the training program from the total Homeland Security grant to be allocated during the term of this Agreement. The Office of Emergency Services will allocate training funds to agencies as determined by the Training/Exercise Advisory Group. Authorized personnel budgets are allowable within the Sheriff s Office, County Office of Emergency Services, Central Fire, and Public Health Emergency Medical Services. The personnel budget for these departments will reflect the expenditure authority. Reimbursement for actual cash disbursements will be requested through the County Office of Emergency Services. Based on the preference of the Department/Agency, reimbursement requests may be requested on a monthly or quarterly basis. For County Departments, reimbursement 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 Approval Authority, the maximum amount of SHSGP funds payable by the County to the City under this Agreement must not exceed the total amount of the 2013 Homeland Security Grant as allocated by the County Approval Authority. 4. Reallocation of SHSGP Grant Funds For the purpose of maximizing the resources available for disaster preparedness within the Operational Area, the City agrees that the County Approval Authority may reallocate funds under this agreement to the City or to another applicant if County determines that a City is unable to utilize the amount allocated under this Agreement. 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. County will notify the City in writing of any determination to reallocate funds, by issuing a "Notice of Reallocation." SHSGP funds will be put forth to the County Approval Authority for reallocation. The City agrees that the County has the authority to increase or decrease the maximum amount payable under this Agreement as specified in the Notice of Reallocation document without liability and 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. Page 2 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs Article 11. Use of Funds. 1. Scope of Services (a) If the City has been allocated funding for a project, Exhibit A, "SHSGP Project Funding," will serve as the basis for the project. A further detailed description maybe necessary and will be requested by the County if needed to be incorporated by reference herein. If future funding is allocated, the City will provide a detailed description of the approved project to be attached hereto and incorporated by reference herein. (b) The City will use the funds granted under this Agreement only for the purpose of obtaining equipment, training and exercise and implementing applicable programs authorized under the 2013 Homeland Security Grant Program. (c) The City will use funds and equipment granted under this Agreement in a manner consistent with: 1. the applications submitted by the County to the State for the grant under this Agreement; 2. the grant guidance issued by the State for the grant under this Agreement; and 3. the notifications issued by the State of the approval of the grant under this Agrmnerit (d) The documents described in Article II 1(c) (1)-(3) of this Agreement (collectively the "State Grant Requirements") are on file with the County and the granting agencies of the State, and are hereby incorporated into this Agreement. The City hereby acknowledges that it has received a copy of the State Grant Requirements. 2. Master Grant ObHLYations (a) The City agrees to comply with all applicable requirements and assurances contained in the State Grant Requirements and attached as Exhibit B, "Grant Assurances". The City may designate vendors or sub -recipients to fulfill these obligations, including all State Grant Requirements and Grant Assurances. (b) If any provisions of this Agreement conflict with the State Grant Requirements, the provisions of the State Grant Requirements will control. (c) The City shall establish and maintain administrative, programa-natic and fiscal management records in accordance with federal and state requirements, and: 1. Maintain, financial management systems that support grant activities in accordance with federal and state requirements, including but not limited to requirements in 44 Code of Federal Regulations ("C.F.R.") Part 13.20, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part 11, Chapter 3. Page 3 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 2. The County of Santa Clara will provide and affix equipment tracking numbers for all equipment purchased through our procurement process. Using the County issued tracking number, the City/Town will maintain an equipment tracking ledger that tracks the equipment within their City/Town and complies with federal and state requirements, including but not limited to requirements in 44 C.F.R. Parts 13.32 and 13.3 3, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part III, Chapter 6. (d) The City will ensure that any sub -recipients or contractors with which the City enters any agreement comply with the certification requirements under 44 G.F.R. Part 13.3 5, "Sub -Awards to Debarred and Suspended Parties." 3. Performance and Reportintz Requirements (a) If previously approved by the County and the City is conducting the purchasing process, the City will comply with the performance milestone dates as indicated on Exhibit A, "SHSGP Project Funding." (b) Performance reports, indicating the status of outstanding projects are due to the County Grants Administrator identified in Article V, Section 1 as follows: (c) The following dates represent the Grant Performance Period for the SHSGP Program; • Performance Period 1 (October 25, 2012 — December 31, 2014) — due by January 15, 2015 • Performance Period 2 (January 1, 2015 — March 31, 2015) — due April 15, 2015 (d) The County will provide the City with a report template (Exhibit C, "Performance Report"), and the City will utilize the template to complete the performance submittal to the County. (e) Payments made by County to the City are conditioned upon the timely receipt of applicable, accurate and complete reports, including supporting documents, to be submitted by the City. (f) The City will notify the County representative identified in Article V, Section 1, within. 15 days, when the City has completed all performance obligations for these grants. (g) City will provide single audit reports to County by July 31 St of every fiscal year. Page 4 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 4. Disallowances (a) Unless otherwise approved in advance by Grants Administrator, the County will not process any claims for reimbursement submitted by City without proof of actual cash disbursement by City for expenses claimed. (b) During the term of this Agreement, County is not obligated to honor any claim for payment that is submitted more than three months following the date of the service for which payment is requested. (c) All requests for reimbursement must be submitted by April 15, 2015. County will not process any claims submitted after this date. Article 111. Term and Termination, 1. Term of Agreement This Agreement is effective from October 25, 2013 to March 31, 2015. 2. Termination (a) Either party may terminate this Agreement for cause upon written notice to the other. Cause includes, but is not limited to a material breach of this Agreement, or a violation of any applicable laws. (b) Opportunity to cure. The non -breaching party will give written notice of the breach to the breaching party, specifying the breach. The breaching party will not be deemed in default hereunder and the non -breaching party will not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (3 0) days after the giving of such 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 such cure, correction or remedy within such thirty (3 0) day period and diligently and continuously pursues such cure, correction or remedy. (c) If this Agreement is terminated, the City will return funding in accordance with grant guidelines. (d) Budget Contingenc This Agreement is contingent upon the appropriation of sufficient funding by the state and County for the services covered by this Agreement. If funding is reduced or deleted for the services covered by this Agreement, the County has the option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to this Agreement indicating the reduced amount. Page 5 of 9 0 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs Article Iv. Liabilities. 1. Mutual Indemnification In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and the City agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their 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 the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. Article V. Miscellaneous. 1. Notice All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, addressed to the other party at the address set forth below or at such other address as the party may designate in writing: To the City. To the County: Marsha Hovey, OES Coordinator City of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Michelle Sandoval, Grants Administrator County of Santa Clara, Office of Emergency Services 55 W. Younger Ave., Suite 450 San Jose, CA 95110 Page 6 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland security Grant Programs 2. Compliance and Nondiscrimination The parties will comply with all applicable Federal, State, and local laws and regulations. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 (Sections 503 and 504), the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), and California Labor Code sections 1101 and 1102. The parties will not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation., mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor will the parties discriminate in the provision of services provided under this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 3. County No -Smoking Policy Contractor and its employees, agents and subcontractors, shall comply with the 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 the County is the sole occupant, and (3) in all County vehicles. 4. Food aid 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 Contractor with County funds for County -sponsored meetings or events. If food is to be provided, healthier food options shall be offered. "Healthier food options" include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor 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 3 60 mg of s o ium per serving. Page 7 of g Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 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, provided that sugar and sugar substitutes maybe provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or I% low fat) dairy milk; (4) plant -derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 13 0 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 will be construed and enforced in accordance with, the laws of the State of California. 6. Assignment The parties may not assign this Agreement or the rights and obligations hereunder without the specific written consent of the other. 7. Entire Agreement This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. 8. Amendments This Agreement may only be amended by an instrument signed by the parties. 9. Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together shall constitute one and the same instrument. 10. Severabili If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will 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. Page 8 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 11. Waiver No delay or failure to require performance of any provision of this Agreement will constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and will apply solely to the specific instance expressly stated. 12. Conflict of Interest In accepting this Agreement, City covenants that it presently has no interest and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. City is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision. 13. Certified Resolution of Signature Authority Upon request of Santa Clara County, City will deliver to Santa Clara County a copy of the resolution(s) authorizing the 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 itz James Williams Deputy County Executive Approved as to Form and Legality: Greta Hansen Deputy County Counsel CITY OF LOS ALTOS HILLS B t " N � r t 00 7 lid, Date Carl Cahill Date City Manager Exhibit A 2013 SHSGP Project Funding Exhibit B Grant Assurances Exhibit C Performance Report Template Page 9 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 201.3 Homeland Security Grant Programs Approved as o Form: A Steve Mattas City Attorney 1-0 E CIO 0L- 0) CL RXRTI:�TT C) 0 C) 0 0 0 00 CD 0 0 © 0 0 0 0 0 0 4-j CD C5 CD 0 CD 6 CD 6 N ci CD CD CD C; a C5 C) 6 CD CD C) CD 0 m 0 CD CD CD U) 0 E L6 -111� cr) 6 r-: C) 6 U) L6 C\f C6 co C6 co _0 a) 4-1 U 0 en, g. .... ..... > ... .. .. . . .. ........ . ........... ........... ..... ... ........ . . ------ - ......... . o CL .......................... . . . . . . . . . . .. .... ......... . . ............. .............. ... . . ...... ..... .. ........ 5 .......... . ... .. ..... . .. 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F E co w r--. .2 U) 4 co a) ED 0 cn = 00 tt-- 0C) CO m CO 4-; CO CIO C: co 0 00 CO 5 0 co 4- 0 :E -.r 0 2 0 W 0 0 C) C)) C) C/) 0 c) W c) U) m U) c 4- c) c) ((/) 0 06 2 I-- C CO 0) C: -*-j 2 -F--M A Cl) (D (D 0) EF 2 co 4-j 0 U) q W COCO-1 CO ca CO co I C/) < < w w w c) I C/) # Wall 'gul I — U O �O L- CL CL California Governor's Office of Emergency Services FY2013 Grant Assurances (All HSGP Applicants) Name of Applicant: Town o Los Altos Hills Address: 26379 Fremont Road City: Los Altos Hills Telephone Number: 650--971-7222 State: E -Mail Address: ccahill@losaltoshills.ca.gov CA Zip Code: EXHIBIT B 94022 Fax Number: 650-941-'1160 As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. Has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California California Governor's Office of Emergency Services (Cal OES). Emergency 4. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Cal OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initials facilities, personnel, and other individuals and information as may be necessary, as required by DHS/FEMA and Cal OES program guidance, requirements, and applicable laws. c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/FEMA and Cal OES officials and maintain appropriate documentation to support these reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the Recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil. Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAQ Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from Cal OES, and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISI'), within 45 (forty-five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 13. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 14. Agrees to be non -delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF -424, item #17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment, reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812, addres sing false claims and statements made. 16. Will comply with all federal and state laws, executive Orders, regulations, program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. Page 2 Initials C . 18. Will comply with Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215; requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110 (2 CFR § 215.27); OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 19. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to, Title 48 CFR Part 31.2, Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 20. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 21. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 22. Understands and 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, at any level of government, without the express prior written approval from. DHS/FEMA and Cal OES. 23. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt 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 any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 24. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority-owned, women -owned, or disadvantaged businesses, to the extent practicable. 25. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 26. Will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 27. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 28. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: Page 3 Initials C. C, a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. § 2000d etseq.),, as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title DC of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended., which prohibits Recipients from discriminating on the basis of disability (42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. g. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. h. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. j . Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin gender, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrAntees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants,, M7100.1. 29. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U. S.C. § 4601 et seq. [P.L. 91-646]), which provides 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 interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 30. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 31. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to., ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction -related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Page 4 Initials Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA and Cal. OES and the appropriate State Historic Preservation Office. 32. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form (OMB Dumber 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to their Cal OES program representative, for processing by the DHS/FEMA Grants Program Directorate EHP. 33. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.prov/doc/governnient/grant/bulletins/info329 final screening menlo.doc 34. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 35. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (E012898) and Environmental Quality (E011514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 etseq.). d. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). £ California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 Sections 15000-15007. g. 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. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.); which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 36. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8 607.1(e) and CCR. Title 19, §§ 2445, 2446, 2447, and 2448. 37. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PH, whether they share PH with third parties, and how individuals may have their PH corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http-,Hwww.dhs.gov/xlibrary/assets/privacy/privacy pia fuidance June20l_0.Pdf and at http://www.dhs.gov/xlibrary/assets/privacy//privaa Baia template.pdf, respectively. Page 5 Initials C. The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. fR Signature of Authorized Agent: Printed Name of Authorized Agent: Carl Cahill Title: City Manager Date: July 30, 2014 Page 12 Exhibit C Performance Report FISCAL YEAR 2013 Homeland Security Grant Program Reporting City: Performance Period: from to (see Agreement with County for Performance Period Report due date) Mailing Instructions: Please complete the performance report and return it by the appropriate due date as indicated: (see Agreement with County for Performance Period Report due dates) Santa Clara County Office of Emergency Services Attention: Deborah Hinton 55 West Younger Ave, Suite 450 San Jose CA, 95110 Questions regarding the completion of this performance report should be directed to Santa Clara County Office of Emergency Services (408) 808-7811. Questions can also be sent via email to Michelle. Sandoval@oes. sccqov.orq. Reports can be faxed to (408)294-4689, with a hard copy of the report mailed to the above address. Part I —City Contact information Authorized person who is responsible for completing this form: Name Title Mailing Address, Phone e-mail Fax Part H — Project Activities Directions: Complete the following items to reflect activities completed in your city during this reporting period. 1. Project Title: 2. Please explain the actions/processes being taken and estimated completion date. Part IR —Signature of Preparer I certify that I have prepared this report with the most timely and accurate information available. Signature: Date: Printed Name: Title: 3 8. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate goverment authorities and that appropriate licenses, permits, and approvals are obtained. 39. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients 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, 15 U.S.C. § 2225. 40. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document tivas prepared under a grant -from FEM4's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security. " The Recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marred as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 41. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a Recipient or sub -recipient purchases ownership with federal support. The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined. by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California... c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 42. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 43. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 44. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U. S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 45. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s) , means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, Page 6 Initials C.C. subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 46. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at: htt-p://www.dhs.gov/xopnbiz/grants/index.shtm 47. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the Award Recipient shall contact ISPB, and the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdininistrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 48. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients are authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 49. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at litt-p://fed,c,rov.dnb.com/webfonn. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C, as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a federal agency, but only as a subrecipient under an award or subaward to a non-federal entity. C. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see § 21.0 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. d. "subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the federal funds provided by the subaward. Page 7 Initials .C,, 50. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c 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 sub - agreements. 51. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 52. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 53. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FYI funds is limited to those investments included in the California FYI Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 54. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 55. Will comply with OMB Standard Form 424B Assurances ances — Non -construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 56. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, 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. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, 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. Page 8 Initials C X #- 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 (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and d. 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. 57. Will comply with requirements to acknowledge 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. 58. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate,, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship (including award number) to any work first produced under an award. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of 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. 60. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. Rag 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 13 8 942. 61. Will comply with the requirements of the Drug -Free Workplace Act of 198 8 (41 U. S.C. § 701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 62. Will comply with the requirements of the government -wide award term which implements § 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section 106(8) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 63. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Page 9 Initials =-.— *4 Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to htip,://www.lep.gov. 64. Will comply with the requirements of 42 U.S.C. -§ 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 65. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart Q; and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 66. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 67. Will comply with the requirements of § 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 68. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 69. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of § 10 1 (b) (3) of NEPA (42 U. S. C. § 4331(b)(3)), federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all -practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 70. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate - Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. § § 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, Page 10 Initials bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 71. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery fiends (as defined in § 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec,gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: ,You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the. Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensati0n filings at http://www.see.gov/answers/execoMp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 72. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page 11 Initials ,