HomeMy WebLinkAboutContracts & Agreements_144-2020County of San Bernardino
FY2019 Homeland Security Grant Program
CFDA 97 067
Subrecipient Assurances
Grant No 2019-0035
Name of Applicant Cit of Redlands Police De.artment (hereafter "Applicant" or "Subrecipient")
Address PO Box 1025
City Redlands
Telephone Number 909-798-7628
E -Mail Address
mreiss @ redlandspolice org
State CA Zip Code 92373
Fax Number 909-798-7648
***The Applicant becomes the Subrecipient after obtaining award authorization and approval of these assurances
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
within the
a) Applicable Federal Regulations (see below),
b) Federal Program Notice of Funding Opportunity (NOF)),
c) Federal Preparedness Grants Manual,
d) California Supplement to the NOFO, and
e) Federal and State Grant Program Guidelines
f) 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 (C F R) Updates are issued by the
Office of Management and Budget (OMB) and can be found at http /lwww whitehouse.qov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed
above) are set forth below The Applicant hereby agrees to comply with the following:
1 Proof of Authority
The Applicant will obtain written authorization from the city council, governing board or authorized body in
support of this project The written authorization must specify that the Applicant and the city council,
governing board or authorized body agree
a) To provide all matching funds required (Lt applicable) for the grant project and that any cash match
will be appropriated as required,
b) Any liability arising out of the performance of this agreement shall be the responsibility of the
Applicant and the city council, governing board, or authorized body,
c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board
or authorized body, and
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d) 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. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the performance
specified in the grant
3 Lobbying and Political Activities
As required by Section 1352 Title 31 of the U 5 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 for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal Contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement
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 the California Governor's Office of Emergency Services (Cal OES) or the federal awarding
agency
4 Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C F R §200 213 and codified in 2 C F R Part 180,
Debarment and Suspension, the Applicant will provide protection against waste fraud and abuse by
debarring or suspending those persons deemed irresponsible in their dealings with the federal government
The Applicant certifies that it and its principals, recipients, or subrecipients
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency,
b) Have not within a three year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction, violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property,
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
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d) Have not within a three year period preceding this application had one or more public transaction
(federal, state, or local) terminated for cause or default
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application
5 Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all 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,
1) Public Health Service Act of 1912 (42 U S C §§ 290 dd 2), 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 manta! status, national origin,
g)
1)
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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 of
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 forth 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 or discharge prohibitions, or 3) determined to be in
violation of federal law relating to air or water pollution
8 Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will 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
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9 Access to Records
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
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 shall submit a false claim for payment,
reimbursement, or advance
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 USC § 4712, and 10 U S C § 2324 41 USC §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, as 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
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 111 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
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programs These requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase,
b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P L 93-234) which requires 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 with the approved plans and specifications and will furnish
progressive reports and such other information as may be required by the assistance awarding
agency or State
19 Use of Cellular Device While Driving is Prohibited
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 provided in the course of an entity's grant management activities that are under Federal control,
is subject to the Freedom of Information Act (FOIA), 5 U S C § 552, and the California Public Records Act,
California Government Code 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
HOMELAND SECURITY GRANT PROGRAM (HSGP) - 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
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FY2019 Homeland Security Grant Program Subrecipient AgreementlAssurances
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Liberties (CRCL) by e-mail at CRCL@hq dhs qov or by mad 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 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 subrecipients 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
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 disallowances, 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
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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 Sayh-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, individuals and organizations associated with terronsm
Subrecipients are legally responsible to ensure compliance with the Order and laws
35 Reporting of Matters Related to Recipient Integrity Performance
If the total value of the subrecipient's currently active grants, cooperative agreements, and procurement
contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of
performance of this federal financial assistance award, the subrecipient must comply with the requirements
set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters
located at 2 C F R Part 200, Appendix XII, the full text of which is incorporated here by reference in the
award terms and conditions
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
All subrecipients must obtain DHS permission, from the DHS Financial Assistance Office, prior to using the
DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the
United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials
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 Applicant recognizes and agrees that
state financial assistance will be extended based on the representations made in this assurance This
assurance is binding on the Applicant, its successors, transferees, assignees, etc Failure to comply with
any of the above assurances may result in suspension, termination, or reduction of grant funds
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and
available for Cal OES or public scrutiny upon request Failure to comply with these requirements may
result in suspension of payments under the grant or termination of the grant or both, and the subrecipient
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may be ineligible for award 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 award documents for all
subawards at ail tiers All subrecipients are bound by the Department of Homeland Security Standard
Terms and Conditions 2018, Version 8 1, hereby incorporated by reference, which can be found at
https //www dhs qov/publication/fy15 dhs-standard-terms-and conditions
The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said
Applicant
Applicant City of Redlands
Signature of Authorized Agent
Printed Name of Authorized Agent Paul W Foster
Title Mayor, City of Redlands
ATT EST.
Date 7/7/20
Jeanne Donaldson, City Clerk
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 tt�
Printed Name of Authorized Agent V
Title i -i Cki 4 /t{ ✓v t i2cWGdo.r1
i ky15Py
Date 7 f L1/, ()
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