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HomeMy WebLinkAboutContracts & Agreements_82-2020County of San Bernardino FY2018 Homeland Security Grant Program CFDA 97 067 Subrecipient Agreement / Assurances Grant No 2018-0054 Name of Applicant City of Redlands Police Department Address PO Box 1025 (hereafter "Applicant" or "Subrecipient") City Redlands _ State CA Zip Code 92373 Telephone Number (909) 798-7628 E -Mail Address mreiss@redlandspolice org Fax Number (909) 798-7648 ***The Applicant becomes the Subrecipient after obtaining award authorization and approval of this agreement by both Applicant and the County of San Bernardino (hereafter "County')**** 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 Applicant further acknowledges that it is responsible for reviewing and adhering to all requirements listed below. By accepting this award, Applicant agrees 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 e) Subrecipient Application Workbook 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) 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 are set forth below The Applicant hereby agrees to comply with all applicable state and federal grant award requirements, including, but not limited to, 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 Applicant and the city council, governing board, or authorized body agree a) To provide all matching funds required (if applicable) for the grant and that any cash match will be appropriated as required, b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body, c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body, and d) The official executing this agreement is, in fact authorized to do so Page 1 of 15 FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 This Proof of Authority must be maintained on file and readily available upon request 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the performance specified in the grant Applicant will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds 3 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 of any 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly The Applicant will also comply with provisions of the Hatch Act (5 U S C §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds Finally the Applicant agrees that federal funds will not be used directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency 4 Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 CFR §200 213 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government The Applicant certifies that it and its principals 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 a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification, and d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default Pagel 2 Initials �l p_ FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application 5 Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes 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, Title VIII of the Civil Rights Act of 1968 (42 U S C §3601 et seq ), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C F R Part 100 The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i e , the public and common use areas and individual apartment units (all units in buildings with elevators and ground - floor units in buildings without elevators)—be designed and constructed with certain accessible features (See 24 C F R § 100 201), h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion sex sexual orientation, gender identification or national origin, i) Executive Order 11375, which bans discrimination on the basis of race color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors, California Public Contract Code §10295 3, which prohibits discrimination based on domestic partnerships and those in same sex marriages, k) DHS policy to ensure the equal treatment of faith -based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C F R Part 19, I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made and m) The requirements of any other nondiscrimination statute(s) which may apply to the application In addition to the items listed in a) through m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA) FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, or breastfeeding) gender, gender identity, gender expression, sexual orientation, marital status, national origin ancestry, mental and physical disability, genetic information, medical condition age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, g) J) Page 13 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 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 6 Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U S C § 701 ET SEQ ), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act 7 Environmental Standards The Applicant will comply with state and federal environmental standards, 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 (NEPA) of 1969 (P L 91-190), The Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA, and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities, f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, g) Executive Order 11514 which sets for the national environmental standards, h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands„ i) The Safe Drinking Water Act of 1974, (P L 93-523), j) The Endangered Species Act of 1973, (P L 93-205), k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U S C §§1451 et seq ), I) Conformity of Federal actions to State (Clear Air) Implementation Plans under Sections 176(c) of the Clean Air Act of 1955, as amended (42 U S C §§7401 et seq ), and m) Wild and Scenic Rivers Act of 1968 (16 U S C § 1271 et seq ) related to protecting components or potential components of the national wild and scenic rivers system The Applicant shall not be 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district, 2) subject to 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 8 Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements 9 Access to Records Pagel 4 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 a) In accordance with 2 CFR §200 336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award The Applicant will require any subrecipients contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision b) Subrecipients must give County 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 County, 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 County 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 10 Conflict of Interest The Applicant 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 11 Financial Management False Claims for Payment — The Applicant will comply with the requirements of 31 U S C §§ 3729-3733 which sets forth that no subgrantee recipient or subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance Administrative remedies may be found in 38 U S C §§ 3801-3812, addressing false claims and statements made 12 Reporting and Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P L 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C F R part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C F R part 170 Reporting Subaward and Executive Compensation Information 13 Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U S C § 2409, 41 U S C §4712, and 10 U S C § 2324, 41 U S C § 4304 and § 4310 14 Human Trafficking The Applicant 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 15 Labor Standards The Applicant will comply with the following federal labor standards a) The Davis -Bacon Act (40 U S C §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U S C § 3145 and 18 U S C § 874) and the Contract Work Hours and Safety Standards Act (40 U S C §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and b) The Federal Fair Labor Standards Act (29 U S C § 201 et al ) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations 16 Worker's Compensation Pagel 5 Initials 1 FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs These requirements apply to all interests in real property acquires for project purposes regardless of Federal participation in purchase, b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P L 93-234) which requires Subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more, c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U S C § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U S C §469a-1 et seq ), and d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U S C § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures 18 Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will a) Not dispose of modify the use of, or change the terms of the real property title of other interest in the site and facilities without permission and instructions from the awarding agency Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project, b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications, and c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms 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 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123 5 These laws prohibit driving 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 20 California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or 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 Act, California Government Code section 6250 et seq The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment and strategic planning process Page 1 6 Initials _�� FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21 Reporting Accusations and Findings of Discrimination If during the past three years the subrecipient has been accused of discrimination on any basis the subrecipient 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 k.:KCL(a)_nq dhs.qov or by mail at the U S Department of 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 on the grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the subrecipient, or the subrecipients settle a case or matter alleging such discrimination, subrecipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by email or mail at the addresses listed above The United States has the right to seek judicial enforcement of these obligations 22 Acknowledgment 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 23 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 24. 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 subrecipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect Subrecipients may also find as the DHS Privacy Impact Assessments Privacy Guidance and Privacy template a useful resource respectively 25 Copyright All subrecipients must affix the applicable copyright notices of 17 U S C §§ 401 or 402 and an acknowledgement of U S Government sponsorship (including award number) to any work first produced under federal financial assistance awards 26 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C F R Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statues, regulations, or federal financial assistance award terms and conditions, or for other reasons However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statues, regulations, or the federal financial assistance award terms and conditions 27 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 28 Federal Debt Status Page 17 Initials �= - FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 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 29 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 30 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974 as amended, 15 U S C § 2225a 31 Non -supplanting Requirement All subrecipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources 32 Patents and Intellectual Property Rights Unless otherwise provided by law, subrecipients 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 subrecipients 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 CFR § 401 14 33 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 34 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 Subrecipients are legally responsible to ensure compliance with the Order and laws 35. 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 financial assistance 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 Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions 36 USA Patriot Act 2001 All subrecipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 USC §§ 175-175c 37 Use of DHS Seal, Logo and Flags Page 1 8 Initials i ;:. FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 All subrecipients must obtain DHS permission, via County, prior to using the DHS seal(s), logos crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials ADDITIONAL HOMELAND SECURITY ASSURANCES / PROGRAM REQUIREMENTS 38 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 39 All subrecipients 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, Subrecipient will be notified of the changes in writing Once notification has been made, any subsequent request for funds will indicate subrecipient's acceptance of the changes to the award Please call the County at (909) 387-5934 Or via e-mail to hscgp c(r7oes sbcounty qov 40 All subrecipients will comply with any cost sharing commitments included in the FY2018 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable 41 All subrecipients will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives 42 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 43 All subrecipients agree 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 44 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 Major Urban Area Fusion Center Cal OES will notify the County in writing when DHS/FEMA has lifted the hold 45 All subrecipients will provide timely, completed, accurate reports and maintain appropriate support documentation to support the reports, and other such information as may be required by the awarding agency 46 All subrecipients will provide timely notifications to the County of any developments that have a significant impact on award -supported activities, including changes to key program staff 47 All subrecipients will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 48 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 49 All subrecipients will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide Page 19 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 • 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, and • 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 50 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 51 All subrecipients agree that, to the extent contractors or subcontractors are utilized, to use small minority- owned, women -owned, or disadvantaged businesses, to the extent of practicability 52. All subrecipients will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination not listed in Section 6 These include a) The Drug Abuse Office and Treatment Act of 1972 (P L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse, b) 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, c) Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination, d) 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, and e) 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 53 All subrecipients will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations 54 Environmental and Historical Preservation (EHP) All subrecipients proposing projects or activities (including, but not limited to, training exercises, the installation of equipment and construction or renovation projects which have the potential to impact the environment must participate in the environmental and historical preservation review process Subrecipients will comply with applicable federal, state, and local environmental and historical preservation requirements Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding Subrecipients with such projects must complete the required DHS/FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) for each proposed project and submit it for review and approval as soon as possible, including all supporting documentation to the County The County will then submit the request to the Cal OES program representative to be processed by the DHS/FEMA GPD EHP The Screening Form is available at http //www caloes.ca.gov/cal-oes-divisions/grants-management/homeland-security-prop-1 t q ra nt-p roa rams/homeland-security-grants-program EHP Screening Memos must include detailed project information and explain the goals and objectives of the proposed project, and include supporting documentation DHS/FEMA may also require the subrecipient provide a confidential California Historical Resources Information System (CHRIS) report in addition to the EHP Screening Form Determination on the necessity of a CHRIS report is based upon information disclosed on the EHP Screening Form The subrecipient must comply with all conditions and restrictions placed on the project as a result of the EHP review Page 110 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 Any construction -related activities initiated without the full environmental and historic preservation (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 subrecipient will immediately cease activity in that area and notify DHS/FEMA/ and Cal OES and the appropriate State Historic Preservation Office Updated information on Grants Program Directorate (GPD) EHP FEMA Policy #108-023-1 can be accessed at https.//www.fema.gov/grant-programs-directorate-puull,y 55 All subrecipients will ensure that facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA 56 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 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, and 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 57 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 58 All subrecipients 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 59 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 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." Subrecipients and recipients also agree that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows "Purchased with funds provided by the U S Department of Homeland Security " 60 All 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 g) Page 111 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 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, and 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 funds 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 the purchase will be considered an unallowable cost and the funds used for the purchase must be returned 61 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 62. 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 63 All subrecipients agree 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 64 All subrecipients agree that 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.//www dhs qov/xonnbiz/grants/index.shtm 65 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 .:dnov 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 Page I12 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 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 under this award, and is accountable for the use of the Federal funds provided by the subaward 66 All subrecipients agree that equipment acquired or obtained with grant funds a) Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services and law enforcement agencies within the jurisdiction of the 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 67 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 68 All subrecipients will comply with OMB Standard Form 424B Assurances — Non -construction Programs, whereby the awarding agency may require Subgrantees and Subrecipients to certify to additional assurances 69 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 70 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 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 71. 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 72 All subrecipients acknowledge that equipment purchased with grant funds must be accounted for, tagged (if applicable), photographed and reconciled by the County's property records at each scheduled inventory inspection Page 113 Initials FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 73 All subrecipients will develop a control tracking system to ensure adequate safeguards to prevent loss, damage or theft of grant funded equipment 74 When grant funded equipment is no longer needed or is in need of being replaced, Subrecipient will request disposition instructions from the County 75 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 76 Salary and Personnel Activity Report (PAR) All subrecipients who request funding for personnel costs must comply with 2 C F R Ch II § 200 430 and maintain and submit the following documents a Functional Timesheet(s) from the entity's payroll system that accurately reflects the work performed for the applicable reporting period, b Personnel Activity Report (PAR) that distinguishes grant funded project hours from other hours worked If the entity's timesheet distinguishes grant hours from other hours, then a PAR is not required (see below), c Proof of hourly rate that is being charged to the grant from a system that provides reasonable assurance that the charges are accurate, d Benefit cost breakdown for each reporting period for grant related project(s) if applicable Annual or estimated benefit documentation is not sufficient Benefit costs must match actual benefit costs for each reporting period, and e Proof of payment for salary/benefit costs, such as paycheck statement (paystub) or payroll register Payroll registers must provide legible salary/benefit costs If codes are used on the payroll register, then the subrecipient must provide definitions of each code 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) on a functional timesheet that includes all hours worked for the reporting period and distinguishes FY18 HSGP project hours from other hours worked Altered timesheets will not be accepted If your agency does not have the capability to distinguish grant hours on a functional timesheet, then Subrecipient must maintain grant activity hours on a Personnel Activity Report (PAR) Attached is a Personnel Activity Report (PAR) document to assist in proper grant payroll documentation PARs must itemize/log the time the employee has worked on a grant funded project 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 return any "unallowable costs " 77. Subrecipient will provide photos of each grant purchased equipment that includes the senal number, if applicable Subrecipient will provide the intended location of deployment/assignment of the equipment 78 Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds 79 The undersigned represents that he/she is authorized by the above named Applicant/Subrecipient to enter into this agreement for and on behalf of the said Applicant/Subrecipient IMPORTANT The purpose of the agreementlassurance 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 agreement/assurance is binding on the Subrecipient, its successors, transferees, assignees, etc Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds Pagel 14 Initials , FY2018 Homeland Security Grant Program Subrecipient Agreement/Assurances Updated 6/6/19 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 subrecipient 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 subrecipients are bound by the Department of Homeland Security Standard Terms and Conditions 201, Version 8 1, hereby incorporated by reference, which can be found at The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said Applicant Applicant City of Redlands Police Department Digitally signed by Michael Reiss Michael Re ss DN cn=Michael Reiss o ou email=mreiss@redlandspolice.org redlandspolice.org c=US Signature of Authorized Agent Date. 2020.05.11 13:19:42 -0700 Printed Name of Authorized Agent Michael Reiss Title Deputy Chief Date 05/11/2020 The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the County The undersigned is the appropriate contact for all notices and documents to be provided under this agreement County of San Bernardino Signature of Authorized Agent Printed Name of Authorized Agent. Daniel R Munse Title Fire Chief/Fire Warden Date 5/12/20 Page 115 Initials