HomeMy WebLinkAboutContracts & Agreements_19-2018San Bernardino County Fire Protection District
FY2017 Homeland Security Grant Program
CFDA 97.067
Subrecipient Agreement
Grant No. 2017-0083
Name of Applicant: City of Redlands Police Department
Address: PO Box 1025
City: Redlands
Telephone Number. (909) 798-7628
E -Mail Address: mreiss@redlandspolice.org
State: CA Zip Code: 92373
Fax Number: (909) 798-7648
'The Applicant becomes the Subrecipient after obtaining award authorization****
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal
authority to apply for federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of
the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements
listed below. By accepting this award, I agree that the funds and allocations under this grant will be in
accordance with the requirements listed below:
a) Applicable Federal Regulations (see below);
b) Federal Program Notice of Funding Opportunity (NOFO);
c) California Supplement to the NOFO; and
d) Federal and State Grant Program Guidelines
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal grant
programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR) and updates are issued by
the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed
above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board or authorized body in
support of this project. The written authorization must specify that the Application and the city council,
governing board, or authorized body agree.
a) 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.
b) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board
or authorized body.
c) The official executing this agreement is, in fact authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request
2. All Applicants must understand that in the event FEMA determines that changes are necessary to the award
document after an award has been made, including changes to period of performance or terms and
conditions, Subrecipients will be notified of the changes in writing. Once notification has been made, any
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subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. Please call
the San Bernardino San Bernardino County Fire Protection District (SBCFPD), Grants Administration Unit at
(909) 387-5931. Or via e-mail to: hsgp(cDoes.sbcountygov.
3. All Subrecipients 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.
4. All Subrecipients will comply with any cost sharing commitments included in the FY2017 Investment
Justifications submitted to DHS/FEMA/Cal OES, where applicable.
5. All Subrecipients will establish a proper accounting system in accordance with generally accepted accounting
standards and awarding agency directives.
6. All Subrecipients will give the SBCFPD, Grants Administration Unit, Cal OES and DHS/FEMA, through any
authorized representatives, access to, and the right to examine, all paper or electronic records, books, and
documents related to the FY17 HSGP grant award, and will permit access to its facilities, personnel and other
individuals and information as may be necessary, as required by SBCFPD, Cal OES and DHS/FEMA, through
any authorized representative, with regard to examination of grant related records, accounts, documents,
information and staff.
7. Access to Records
a) In accordance with 2 CFR §200.336, the Subrecipient 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
Subrecipient will require any Subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provisions governing DHS access to records, accounts,
documents, information, facilities, and staff.
b) Subrecipients must give SBCFPD, DHS 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 facilities, personnel, and other individuals and information as may be necessary, as
required by SBCFPD, DHS and Cal OES program guidance, requirements, and applicable laws.
c) Subrecipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance, and Subrecipients must submit
timely, complete, and accurate reports to the appropriate SBCFPD, Grants Administration Unit and
maintain appropriate backup documentation to support the reports. This includes but is not limited to
the Semi -Annual Performance and the Status Reports. Failure to do so may result in loss of funding
or future funding.
d) If, during the past three years or in the event, the Subrecipient has been accused by any court/
administrative agency/etc. 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 SBCFPD, Grants Administration Unit to be sent to Cal OES/DHS Office of Civil
Rights and Civil Liberties.
e) The United States has the right to seek judicial enforcement of these obligations.
8. All Subrecipients 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.
9. The Subrecipient 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 (HSAC) 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.
10. All Subrecipients understand that a hold is in place on Fusion Center activities and the Subrecipient is
prohibited from obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or
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Major Urban Area Fusion Center. Cal OES will notify the SBCFPD, Protection District in writing when
DHS/FEMA has lifted the hold.
11. All Subrecipients will initiate and complete the work within the applicable timeframe (Subgrantee performance
period), in accordance with grant award terms and requirements, after receipt of approval from SBCFPD, and
will maintain procedures to minimize the amount of time elapsing between the award of funds and the
disbursement of funds.
12. All Subrecipients will provide timely, completed, accurate and maintain appropriate support documentation to
support the reports, and other such information as may be required by the awarding agency.
13. All Subrecipients will provide timely notifications to SBCFPD, of any developments that have a significant
impact on award -supported activities, including changes to key program staff.
14. f=ederal Debt Status
All Subrecipients are required to be non -delinquent in their repayment of any federal debt. Examples of
relevant debt include delinquent payroll and other taxes, audit disallowance, and benefits overpayments. See
OMB Circular A-129.
15. All Subrecipients will comply with the requirements of 31 U.S.C. § 3729, which set 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. §§ 3801-3812, addressing false claims and
statements made.
16. All Subrecipients will comply with all applicable provisions of DHSIFEMA'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.
17. All Subrecipients will comply with the Office of Management and Budget (OMB) Super Circular 2 C.F.R. part
200 which has consolidated the following:
Grant Management: Circular A-102, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (also known as the "A-102 Common
Rule"), which are also located found within DHS regulations at Title 44, Code of Federal
Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments"; will comply with 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.
18. All Subrecipients will comply with the financial and administrative requirements set forth in the current edition
of the DHS Financial Management Guide:
• Costing Principles: 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.
• Audits: OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations,
and sections of A-50 related to audits performed under Subpart F- Audit requirements as
applicable.
• For Subrecipients expending $750,000 or more in federal grant funds annuals, the Subrecipient will
cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 199E and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements.
• False Claims for Payment: The Subrecipient will comply with 31 U.S.0 §3729 which sets forth that
no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or
advance.
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19. All Subrecipients 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. All Subrecipients 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. Conflict of Interest
The Subrecipients 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.
22. All Subrecipients understand and agree 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. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant,
loan or cooperative agreement from an agency or requests or receives from an agency a commitment
providing for the United States to insure or guarantee a loan, the Application certifies that:
a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person 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 awarding any Federal Contract, the making of any federal grant, the making federal
loan, the entering into any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose
accordingly.
The Subrecipient will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328)
which limit the political activities of employees whose principal employment activities are funded in whole or in
part with federal funds.
Finally, the Subrecipient 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 California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
24. All Subrecipients agree that, to the extent contractors or subcontractors are utilized, will use small, minority-
owned, women -owned, or disadvantaged businesses, to the extent practicable.
25. All Subrecipients will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph
(C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the
principles provided for in this authority may not be charged to other Federal awards to overcome fund
deficiencies.
26. Non -supplanting Requirements
Subrecipients who receive awards made under programs that prohibit supplanting by law must ensure that
federal funds do not replace (supplant funds that have been budgeted for the same purpose through non-
federal sources.
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27. Subrecipients 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. A[[ Subrecipients will comply with all federal and state laws and regulations relating to civil rights protections
and nondiscrimination. These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at 6
CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal financial assistance.
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which
prohibits discrimination on the basis of gender in educational programs and activities. These
regulations are codified at 6 CFR Part 17 and 44 CFR Part 19.
c) The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on
the basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.).
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f) 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.
g) 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.
h) Title V[I[ 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.
i) Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination.
j) 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.
k) The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified individual with a disability in the United States will, solely
by reason of the disability, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
These requirements pertain to the provision of benefits or services as well as to employment.
[) 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.
o) Reporting Accusation and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on any basis the
recipient must provide a list of all such proceedings, pending or completed, including outcome and
copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil
Rights and Civil Liberties (CRCL) by e-mail at crcl@hg.dhs.pov or by mail at the U.S. Department of
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Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop ##0190
Washington, D.C. 20528.
In the event any court or administrative agency makes a finding of discrimination against the
recipient, or the recipient settle a case or matter alleging such discrimination, recipients must forward
a copy of the complaint and findings to the DHS Component financial assistance office and the CRCL
office by email or mail at the addresses listed above.
29. Property -Related
If applicable to the type of project funded by this federal award, the Subrecipient will:
a) Comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment
of persons displaced or whose property is acquired as a result of Federal or federally -assisted
programs. These requirements apply to all interest in real property acquires for project purposes
regardless of Federal participation in purchase.
b) Comply with flood insurance requirements of Section 102(a) of the Flood Disaster Protection Act of
1976 (P.L. 93-234) which requires Subrecipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more.
c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 U.S.0 § 470), Executive Order 11593 (identification and
protection of historic properties), And the Archaeological and Historic Preservation Act of 1974 (16
U.S.0 § 469a-1 et seq.).
d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35)
which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
30. All Subrecipients will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental
Considerations.
31. All Subrecipients 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 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 Number 1660-011 5/FEMA Form 024-0-01) and submit it, with all supporting documentation, to
SBCFPD, Attention: Grants Administration Unit for reviewing. The SBCFPD will then submit to the Cal OES
program representative to be processed by the DHSIFEMA GPD EHP.
33. Subrecipients should submit the FEMA EMP Screening Form for each project as soon as possible to the
SBCFPD, Grants Administration Unit before starting their project. The Screening Form for these types of
— ..„nment/grant/bulleti, s/info329 final screening memo.doc.
protects is available at: www.fema.govldoclgover. n
34. All Subrecipients 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
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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. All Subrecipients 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 et seq.).
d) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523).
e) California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-
21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007.
f) 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.
g) 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. All Subrecipients 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, §
8607.1(e) and CCR Title 19, §§ 2445, 2446, 2447, and 2448.
37. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the identity of an
individual to be directly or indirectly inferred, including any information that is linked or linkable to that
individual. All recipients who collect PII are required to have a publically-available privacy policy that
describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a
useful resource the DHS Privacy Impact Assessments: Privacy template respectively.
38. The Subrecipient agree that all DHSIFEMA-funded project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and
approvals are obtained.
39. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all recipients 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.
40. Fly America Act of 1974
All Subrecipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates
under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such
service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of
1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United
States in the March 31, 1981, amendment to the Comptroller General Decision B-138942.
41. All Subrecipients agree that all publications created or published with funding under this grant shall
prominently contain the following statement: `This document was prepared under grant from FEMA'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 sub recipients and recipients also agree that, when practicable, any equipment purchased
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with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S.
Department of Homeland Security."
42. Copyright
All Subrecipients must affix the applicable copyright notices of 17 U.S.0 §§ 401 or 402 and acknowledgement
of Government sponsorship (including award number) to any work first produced under federal financial
assistance awards, 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)..
All Subrecipients must acknowledge 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 subaward; and b) any rights of copyright
to which a recipient or Subrecipient purchases ownership with Federal support The recipient and
Subrecipients must 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.
43. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as
amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements
governing the development, reporting, and disposition of rights to inventions and patents resulting from
financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37
C.F.R. § 401.14
44. Subrecipients receiving 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, agree 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.
Therefore, if any procurement with the HSGP grant funds is determined to be ineligible or
inappropriate, the money must be returned to Cal OES. If a procurement was done incorrectly or if a
piece of equipment purchased was not on the AEL list, then that money must be returned because the
item is not allowed.
45. SAFECOM
All Subrecipients who receive awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance interoperable
communications.
46. All Subrecipients 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.
47. All Subrecipients 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.
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48, The Subrecipient 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,
subaward, or other agreement for goods or services that will include access to classified national security
information if the award recipient or Subrecipient has not been approved for and granted access to such
information by appropriate authorities.
49. The Subrecipient agrees that where an award Subrecipient has been approved for and has access to
classified nationallsecurity 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: http:l/www.dhs.gov/xopnbiz/grants/index.shtm
50. Immediately upon determination by the award recipient that used 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. For additional information the Subrecipient will need to contact SBCFPD and
obtain approval and processing instructions.
51. All Subrecipients 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.
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
httR:/Ifedgov.dnb.com/webform.
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 section 210 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.
52. All Subrecipients will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 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.
53. The Subrecipient agrees that equipment acquired or obtained with grant funds:
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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 Subrecipient, 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.
54. All Subrecipients 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. All Subrecipients will comply with OMB Standard Form 4246 Assurances — Non construction Programs,
whereby the awarding agency may require Subgrantees and Subrecipients to certify to additional assurances.
56. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180,
Debarment and Suspension, The Subrecipient will provide protection against waste, fraud, and abuse by
debarring or suspending those persons deemed irresponsible in their dealing with the federal government.
The Subrecipient certifies that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
b) Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining attempting to obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements,
or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by governmental entity (federal,
state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this
certification; and
d) Have not within the three-year period preceding this application had one or more public transaction
(federal, state, or local) terminated for cause or default.
Where the Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this application.
57. All Subrecipients 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. All Subrecipients will obtain, via SBCFPD, the prior approval from Cal OES 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.
59. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Subrecipient certifies that
it will maintain a drug0free workplace and a drug-free awareness program as outlined in the Act,
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60. Human Trafficking
The Subrecipients will comply with the requirement of Section 106(g) of the Trafficking Victims Protection Act
of 2000, amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1)
engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a
commercial sex act during the period of time that the award is in effect: or (3) using forced labor in the
performance of the award or subawards under the award.
61. Non -Discrimination and Equal Employment Opportunity
The Subrecipients will comply with all federal statues relating to non-discrimination. These include, but are not
limited to, the following:
a) Title VI of the Civil Rights Act of 1964 (public Law (P.L. 88-352 and 42 U.S.C. §20004 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 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 disabilities or access and functional needs;
d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability
and requires buildings and structures be accessible to those with disabilities and access and
functional needs; (42 U.S.C. §§12101-12213);
e) Age Discrimination Act of 1975, (42 U.S.0 §§6101-6107), which prohibits discrimination on the basis
of age;
f) Public Health Service Act of 1912 (42 U.S.C. §290); relating to confidentiality of patient records
regarding substance abuse treatment;
g) Title VII of the Civil Rights Act of 1968 (42 U.S.0 §3601 et seq.), relating to nondiscrimination in the
sale, rental or financing of housing;
h) Executive Order 11246, which prohibits federal contractors and federally assisted construction 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) Any other nondiscrimination provisions in the specific statue(s) under which application for federal
assistance is being made; and
l) The requirements of any other nondiscrimination statue(s) which may apply to the application.
In addition to the items listed in a) through n), the Subrecipient will comply with California's Fair Employment
and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry,
race, color, religious creed (including 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, nation origin, ancestry, mental and
physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care
leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and
veteran status, and/or retaliation for protesting illegal discrimination related to one if these categories, or for
reporting patient abuse in tax supported institutions.
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62. All Subrecipients 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.
63. All Subrecipients 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 C); 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,
64. Environmental Standards
The Subrecipients will comply with state and federal environmental standards, which may be prescribed
pursuant to the following, as applicable:
a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to
include coordination with the city or county planning agency;
b) CEQA Guidelines (California Code of Regulation, 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 of
1969 (P.L. 91-190) and Executive Order 12898 on the Environmental Justice Act, and Executive
Order 11514 on Environmental Quality;
f) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to Executive Order
11738;
g) Protection of wetland pursuant to Executive Order 11990;
h) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
i) 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.);
j) Conformity of Federal actions to State (Clean Air) Implementation Plans under Sections 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
k) 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);
m) The Endangered Species Act of 1973, (P.L. 93-205);
n) Wild and Scenic Rivers Act of 1968 (16 U.S.0 §1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
The Subrecipients shall not the 1) in violation of any order or resolution promulgated by the State Air
Resources Board or an air pollution district; 2) subject to cease and desist order pursuant to § 13301 of the
California Water Code for violation of waste discharge requirements for prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
65. All Subrecipients will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as
amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or
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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,
66. All Subrecipients 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
Subrecipients for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in
the Federal Register by FEMA_
67. All Subrecipients 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 section 101(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.
68. USA Patriot Act 2001
All Subrecipients must comply with requirement of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USE PATRIOT Act), which amends 18
U.S.C. § 175-175c.
69. 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 funds (as
defined in section 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, 2013, the obligation must be reported by no later than December 31, 2013.)
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
¢xecomo. htm. Subgrantees must report Subrecipient executive
the subaward. Exemptions include: I end of the month following the month during which you make
filings at
ttp:_www.sec.goylanswers
total compensation to Cal OES by thep f, 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) The Subrecipient agrees to comply with applicable provisions of the Federal Funding Accountability
and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating
$25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This
includes the provisions of FFATA, which includes requirements for executive compensation, and also
requirements implementing the Act for the non-federal entity at 2 CFR part 25 Financial Assistance
Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting
Subaward and Executive Compensation Information,
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
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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 Section 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 compensation filings at
http://www.sec,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 Subrecipients five most highly compensated executives for the Subrecipients preceding
completed fiscal year, if in the Subrecipients 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 section 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.
70. The Subrecipient acknowledges that equipment purchased with grant funds must be accounted for, tagged
(if applicable), photographed and reconciled by/with the San Bernardino SBCFPD, Grants Administration
Unit's property records at each scheduled inventory inspection.
71. The Subrecipient will develop a control tracking system to ensure adequate safeguards to prevent loss,
damage or theft of grant funded equipment.
72. When equipment purchased with grant funds is no longer needed or is in need of being replaced,
Subrecipient will request disposition instructions from SBCFPD, Grants Administration Unit.
73. If items are lost, stolen, or damaged, Subrecipient will provide explanation on the Damage, Lost, Stolen, or
Retired (DLSR) form of how it happened and how Subrecipient is going to prevent it from happening in the
future.
74. Personnel Activity Report (PAR)
Any employee who is partially funded by federal grants must maintain time and effort reporting and document
the time they spend working on the grant's objectives. Documentation must reflect "actual" time spent by the
employee on grants being charged (2 CFR 225, Appendix B.8.1h). Attached is a Personnel Activity Report
(PAR) document to assist in proper grant payroll documentation. PARS must itemized/log the time the
employee has worked on a funded grant project. If your agency already has the capability of producing a
document equivalent to the attached PAR form from your existing payroll system, you do NOT need to use
the attached PAR to your track time. Salary costs that are not accurately and properly documented are
"unallowable costs" and will not be reimbursed, If you have been reimbursed for wages that were not properly
recorded and supported, the State or Federal Governments may require your agency to pay back any
"unallowable costs."
75. The Subrecipient will provide (2) photos in color or black & white of each grant purchased equipment and
photo of serial number, if applicable. Provide the intended location of deployment/assignment of the
equipment.
76. Understands that failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
77. The undersigned represents that he/she is authorized by the above named Subrecipient to enter into this
FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement
Updated 10/23/17
agreement for and on behalf of the said Subrecipient.
78. Worker's Compensation
The Subrecipient must comply with provisions which require every employer to be insured to protect workers
who may be injured on the job before commencing performance of the work of this Agreement, as per the
workers compensation laws set forth in California Labor Code §§3700 et seq.
79. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Subrecipient will:
a) Not dispose of, modify the use of, or change the terms of the real property title of other interest in the
site and facilities without permission and instruction from the awarding agency. Will record the federal
awarding agency directives and will include a covenant in the title of real property acquired in whole
or in part with federal assistance funds to assure nondiscrimination during the useful life of the
project.
b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval
of construction plans and specifications.
c) Provide and maintain competent and adequate engineering supervision at the construction site to
ensure that the complete work conforms to 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.
80. Use of Cellular Device While Driving is Prohibited
The Subrecipients are required to comply with California Vehicle Code sections 23123 and 23123.5. These
laws prohibit driving a motor vehicle while using an electronic wireless communication device to write, send,
or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without
hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
81. Freedom of Information Act
The Subrecipient acknowledges that all information submitted in the course of applying for funding under this
program, or provide 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 Rights
Act, California Government Code section 6250 et seq. The Subrecipient should consider the release of
information when reporting sensitive matters in the grant application, needs assessment, and strategic
planning process.
82. Whistleblower Protections
The Subrecipient also must comply with statutory requirements for whistleblower protections at 10 U.S.0 §
2409, 41 U.S.C. §4712 and 10 U.S.0 §2324, 41 U.S.C. §4304 and § 4310.
83. Labor Standards
The Subrecipient will comply with the following federal labor standards:
a) Comply with provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. §874) and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction
contracts or subcontracts.
b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to employees
of institutes of higher learning (]HE), hospitals and other non-profit organizations.
84. Acknowledgement of Federal Funding from DHS
All Subrecipients must acknowledge their use of federal funding when issuing statements, press releases,
request for proposals, bid invitations, and other documents describing projects or programs funded in whole
or in part with federal funds.
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85. Activities Conducted Abroad
All Subrecipients 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.
86. Energy Policy and Conservation Act
All Subrecipients 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.
87. Terrorist Financing
All Subrecipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and
the provisions of resources and support to, individual and organizations associated with terrorism. It is the
legal responsibility of recipients to ensure compliance with the Order and laws.
88. Reporting of Matter Related to Recipient Integrity Performance
If the total value of the Subrecipients' currently active grants, cooperative agreements, and procurement
contracts from all federal assistance office exceeds $10,000,000 for any period of time during the period of
performance of this federal award, the Subrecipient must comply with the requirement set forth in the
government -wide Award Terra and Condition for Recipient Integrity and Performance Matters located at 2
C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and
conditions of your award.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all
federal and state grants, loans, reimbursement, contracts, etc. The Subrecipient recognizes and agrees
that state financial assistance will be extended based on the representations made in this assurance. This
assurance is binding on the Subrecipient, its successors, transferees, assignees, etc. Failure to comply
with any of the above assurance may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Subrecipient and
available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may
result in suspension of payments under the grants or termination of the grant or both and the
Subrecipient may be ineligible for awards of any future grants if the Cal OES determines that any of the
following has occurred: (1) the recipient has made false certification, or (2) violates the certification by
failing to carry out the requirements as noted above.
All of language contained within this document must be included in the awards documents for all
subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts.
All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2017,
Version 6.0, hereby incorporated by reference, which can be found at:
htto_s_:i/www.dhs.gov/sitesldefauitlfiles/publications/Fiscal%2OYear%20201 fi%20DHS%20General%20Term
s%20and%20Conditions.pdf
The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said
Applicant:
Applicant: City of Red a s otic Department
Signature of Authorized Ag
Printed Name of Authorized Agent. Paul Barich
ATTEST:
anne Donaldson, Citv Clerk
Date: February 7, 2018
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