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HomeMy WebLinkAboutContracts & Agreements_271A-2017San 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 Fire Department Address PO Box 3005 City Redlands Telephone Number 909-798 7600 E -Mail Address jfrazier@confire org State CA Zip Code 92373 Fax Number 909-798-7602 'The Applicant becomes the Subrecipient after obtaining award authorizations " 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 htto /lwww whitehouse.c rovlombl 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 Page 11 Initials FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23117 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 hs p oes sbcounty gov 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 DHSIFEMA/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 DHSIFEMA, 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 DHSIFEMA 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/H omeland 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 Page 12 Initials FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 Federal 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 ralse 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 DHS/FEMNs 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-333, Audits of States, Local Governments and bion -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 1996 and Title 2 of the Code of Federal Regulations, Part 200 Subpart F Audit Requirements False Claims for PgyMgnt. The Subrecipient will comply with 31 U S C §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim ror payment reimbursement or advance Page 13 Initials FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 2€1 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 OHS/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 US 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 IDES) 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 Page [ 4 � Initial FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 All 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 Vl 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 GFR 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 GFR 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 VII 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 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 o) Reporting Accusation and Findings of Discriminabon 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 crclQhq dhs pov or by mail at the U S Department of Page 15 Initis s_ FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D C 20628 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 Ill of the Uniform Relocation Assistance and Real PE912artv Accuisition P licies 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 C § 470), Executive Order 11593 (identification and protection of historic properties), And the Archaeological and Historic Preservation Act of 1974 (16 U S C § 469a-1 et seq ) 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 andlor 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 EIRP review and approval will result in a noncompliance finding and may not be eligible for reimbursement with DHSIFEMA 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 1660-01151FEMA 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 DHS/FEMA GPD EHP 33 Subrecipients should submit the FEMA EHP 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 projects is available at www.fema.00vidoc/ogvpmment/cirant/bulletins/info329 final screening memo dac 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 DES and the DHS/FEMA of the receipt of any communication from the Page 16 Iriitiai FY2017 Homeland Security Grant Program SSCFPD Subrecipient Agreement Updated 10/23/17 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 (EO12898) and Environmental Quality (EO11514) 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 Califomia 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 (Pll) 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 Pll 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 DHS/FEMA-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 199D 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 tamers 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 a grant from FEMA's Grant Programs Directorate, U S Department of Homeland Security Points of view or opinions expressed rn 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 Page 17 India! FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23117 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 G §§ 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 sights clause located at 37 CFR §40114 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. 46 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 Page 18 � initials FY2017 Homeland Security Grant urogram SBCFPD Subrecipient Agreement Updated 10/23117 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 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 Secunty Program Operating Manual (NISPOM), and other applicable implementing directives or instructions Security requirement documents may be located at http.l Nmw dhs gov/xognbiz/grantslindey shim 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 Subreciplents 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 http 1/fedr ov clnb comlwebfarm 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 forthe 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 (4D 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 Page 19 ' Initials FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 (DIMS) 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 4248 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 Ignited 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 drugofree workplace and a drug-free awareness program as outlined in the Act Page 110 --�` Initial FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 60 Human Trafficking The Subrec€pients 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 5ubrecipients 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 §2000d et Seq ) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services b) Title IX of the Education Amendments of 1972, (20 U S C §§1681-1683, and 1685-1686), which prohibits discrimination on 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 C §§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 C §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, 1) 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 1) 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 Page 111 rntia s__ .� FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 GFR Part 46 and the requirements in QHS 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 S), 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 48 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, 1) 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 C §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 Page 112 Initia FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 2041 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 US 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 5 Security and Exchange Commission total compensation filings at httP.11www.sec. oovfanswerslexecomp,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) 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 $26,000 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 Page 113 Initials FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10/23/17 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 htto 1/www sec ooylanswers/execomo.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 $0 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 74 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 h) Attached is a Personnel Activity Report (PAR) document to assist in proper grant payroll documentation PARs must itemizedflog 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 deploymentlassignment 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 Page 114 Initials 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 -f=unded 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 properly 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 C § 2409, 41 U S C §4712 and 10 U S C §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 (IHE), 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 Page 115 Initials FY2017 Homeland Security Grant Program SBCFPD Subrecipient Agreement Updated 10123117 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 Term and Condition for Recipient Integrity and Performance Matters located at 2 C F R fart 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 f=ailure 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. htt s•l/ .dhs. ovlsites/deauittfilesl tiblications/Fiscal°/`2OYear°/8202416%20DHS%2GGenisral%2OTer s1/�20an€ */6Z0Cond1t1ons. The Undersigned represents that helshe is authorized to enter into this agreement for and on behalf of the said Applicant Applicant City of Redlands R Signature of Authorized Printed Name of Authorized Ag Department 0 Title �Pi cly s e— Date k 2-1�k S/ 7 Page 116 InitialsR—