HomeMy WebLinkAboutContracts & Agreements_7-2012_CCv0001.pdf Attachment A
San Bernardino County Fire Protection District
Office of Emergency Services
FY2011 State Homeland Security Grant Program
CFDA 97.073
Subrecipient Agreement
Grant No: 2011-SS-0077-
Name of Applicant: CITY OF REDLANDS POLICE DEPARTMENT
Address: P.O. BOX 1025
City: Redlands State: CA Zip Code 92373
Telephone Number: 909-798-7613 Fax Number: 909-798-7648
E-Mail Address: ccatren@redlandspolice.org
As the duly authorized representative of the applicant, I certify that the applicant named above:
General
1. Will assure that grant funds will support efforts related to providing an integrated mechanism
to enhance the coordination of national priority efforts to prevent, respond to, and recover
from terrorist attacks, major disasters and other emergencies.
2. Understands and agrees to the following Federal Grant Guides in acceptance of the fiscal
year 2011 State Homeland Security Grant funds, CFDA 97.073, funded by the U.S.
Department of Homeland Security(DHS/Federal Emergency Management Agency(FEMA),
sub-granted through the State of California, California Emergency Management Agency(Cal
EMA)and further sub-granted through the County of San Bernardino and
administered/managed by the San Bernardino County Fire Protection District Office of
Emergency Services (County Fire/OES).
3. Has the legal authority to apply for Federal assistance and has the institutional,managerial
and financial capability to ensure proper planning, management and completion of the grant
provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency(FEMA), sub-granted through Cal EMA and further sub-granted
through the County of San Bernardino.
4. Subrecipient agrees to:
a. Provide all information required by the Federal Funding Accountability Act of 2006
(FFTA)(P.L. 109-282), as amended by Section 6202(a) of the Government Funding
Transparency Act of 2008 (P.L. 110-252).
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b. 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).
c. Report in writing to County Fire OES,Attn: OES Manager, 1743 Miro Way,Rialto,
CA 92376 no later than January 31, 2012, the following information if Federal awards
received by the jurisdiction is equal to or over$25,000 annually:
1) Name of entity receiving the award
2) Amount of award
3) Funding agency
4) The Catalog of Federal Domestic Assistance program number
5) Award title
6) Location of the entity and primary location of performance including city, state, and
Congressional district;
7) Dun&Bradstreet(D&B) DUNS Number of the entity and its parent if applicable;
and
8) Total compensation and names of top five executives, unless the subrecipient is
exempt from this requirement as provided in section(d of this paragraph.
d. Disclose specifically the name and total compensation of the five most highly
compensated individuals in the organization if the following provision applies:
i. 80%or more of the subrecipients' annual gross revenues are from Federal awards
(contracts, sub-contracts, and Federal financial assistance), and$25,000,000 or
more in annual gross revenues are from Federal awards; and
ii. Compensations information of the top executives is not already available through
reporting to the Securities and Exchange Commission
5. 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,
Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response
System)or fiscal years.
6. Will comply with any cost sharing commitments included in the FY2011 Investment
Justifications submitted to DHS/FEMA/Cal EMA, where applicable.
7. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
8. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes, or presents the appearance of,personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family,
business,or other ties.
9. Understands and agrees that federal funds will not be used, directly or indirectly,to support
the enactment,repeal, modification or adoption of any law, regulation, or policy, at any level
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of government,without the express prior written approval from DHS/FEMA and Cal EMA,
with notification from County Fire/OES.
10. Will notify County Fire/OES of any developments that have a significant impact on award-
supported activities, including changes to key program staff.
11. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant(replace)lace) non-Federal funds.
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12. Will comply with the financial and administrative requirements set forth in the current
edition of the DHS Financial Management Guide.
13. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY2011 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY2011 Homeland Security Grant Program Guidance and Application
Kit. All allocations and use of funds under this grant will be in accordance with the
Allocations, and use of grant funding must support the goals and objectives included in the
State and/or Urban Area Homeland Security Strategies as well as the investments identified
in the Investment Justifications which were submitted as part of the California FY2011
Homeland Security Grant Program application. Further,use of FY2011 funds is limited to
those investments included in the California FY201 I Investment Justifications submitted to
DHS/FEMA/Cal EMA and evaluated through the peer review process.
14. Subrecipient agrees to comply with the grant performance timeline provided by Cal EMA
and County Fire/OES.
15. Subrecipient has requested through the County of San Bernardino, Federal financial
assistance to be used to perform eligible work approved in the submitted application for
Federal assistance.
Procurement
16. Shall submit to County Fire/OES a copy of the City/Town's procurement policies no
later than January 31, 2012, and adhere to such policies as specified in the OMB Circular,
and shall comply with the financial and administrative requirements set forth in the current
edition of the Financial Management Guide of the U. S. Department of Homeland Security.
17. Shall attach to each Reimbursement Request payment documentations for grant expenditures
that includes but is not limited to the following and whichever is applicable: a)copy of
City/Town Council approval of grant expenditures; b) (NEW)copy of the front and back of
the cancelled check(s); c) copy of electronic fund transfer payment to vendors; d)copy of
credit card statements used to pay grant expenditures; d) copy of original invoices; e) copy of
purchase orders and/or requisitions, f) copy of vendor contracts; g) copy of Request for
Proposals/Bids;h) copy of proposal/bid advertisements; i) copies of three(3)written
quotations;j)copy of approved time and labor reports; k) copy of payroll register; 1)
summary of payroll expenses; in)copy of training certification; n) copy of training roster; o)
copy of training agenda ; p)copy of exercise roster; q)copy of Approved After Action
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Report; r)copy of the vendor verification report from the website to ascertain
that the vendor and/or contractor is not debarred or suspended; s) copy of the performance
bond; t)copy of the sole source(non-competitive) approval from the city/town/County Fire
OES. The subrecipient understands and agrees to submit on a quarterly basis, all requests for
payment reimbursement with supporting documentations and signed by the authorized agent
as required by the San Bernardino County Fire Protection District Office of Emergency
Services,Attn: OES Grants Unit, 1743 Mirc,Way, Rialto, CA 92376.
18. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA and/or FEMA if needed and notification to start the project from County Fire
OES.
19. Agrees that,to the extent contractors or subcontractors are utilized,will use small,minority-
owned,women-owned, or disadvantaged business concerns and contractors or subcontractors
to the extent practical.
20. Contract provisions with vendors. The subrecipients contracts with vendors must contain
provisions as noted in the sub-section below:
a. Termination for cause and for convenience by the grantee or subrecipient including the
manner by which it will be effected and the basis for settlement. (All contracts in excess
of$10,000).
b. Notice of awarding agency requirement and regulations pertaining to reporting.
c. Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under such contract.
d. Awarding agency requirements and regulations pertaining to copyrights and rights to
data.
21. Agrees 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 FEAIM'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 FEM4's Grant Programs
Directorate or the U.S. Department of Homeland Security."
22. The recipient also agrees 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. "
23. Acknowledges that DHS/FEMA reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: a) the copyright in any work developed under an award or sub-award;
and b)any rights of copyright to which a recipient or subrecipient purchases ownership with
Federal support.
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24. The recipient agrees to consult with DHS/FEMA/Cal EMA and County Fire/OES regarding
the allocation of any patent rights that arise from, or are purchased with, this HSGP funding.
25. Subrecipient shall obtain a performance bond for any equipment item over$250,000, or any
vehicle,aviation,or watercraft(regardless of cost) financed with Homeland Security dollars.
26. Subrecipient will comply with sole source procurement requirements of the Homeland
Security Grant. (According to Federal guidelines, sole source or noncompetitive procurement
is only allowed when the award of a contract is not feasible under the Small Purchases,
Invitation for Bids, and the Request for Proposals process.)
a. Subrecipient agrees that it will complete and submit a Sole Source Contract Request
Form to County Fire/OES for reporting and approval of Cal EMA prior to incurring any
cost for projects that meets the sole source criteria.
b. Subrecipient understands that this requirement does not supersede the Subrecipient's sole
source procurement policy.
27. Will comply with all provisions of 48 CFR, Part 31.2, Federal Acquisition Regulations
(FAR), Contracts with Commercial Organizations.
28. Subrecipient agrees to and shall comply with the guidance on section 163 of the Continuing
Appropriations Resolution regarding the Association of Community Organizations for
Reform Now(ACORN), 2011, Division B of Pub. L. No. 111-68 (CR),which states, "SEC.
163. None of the funds made available by this joint resolution or any prior Act may be
provided to the Association of Community Organizations for Reform Now(ACORN), or any
of its affiliates, subsidiaries, or allied organizations."This prohibition applies not only to a
direct recipient of Federal funds but also to a Subrecipient(e.g., a subcontractor, subgrantee,
or contractor of a grantee.)All Federal grant and contract recipients agree:
a. Not to provide Federal funds to ACORN or its affiliates as subgrantees, subcontractors,
or other Subrecipients, consistent with this guidance, and
b. To notify County Fire/OES at(909) 356-3998) of any existing subgrants, subcontracts, or
other Subrecipient agreements with ACORN or its affiliates and of how the grantee or
contractor is planning to comply with the prohibition with respect to those subgrants,
subcontracts,or Subrecipient agreements.
29. Has requested through County Fire OES, federal financial assistance to be used to perform
eligible work approved in the submitted application for federal assistance and after receipt
federal financial assistance, through County Fire OES, agrees to the following:
a. Promptly return to County Fire/OES all the funds received which exceed the
approved, actual expenditures as accepted by the County, Federal or State
governments.
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 County
Fire/OES.
C. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of$100 per Federal Fiscal Year.
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30. Subrecipient agrees 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 any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any Federal grant,the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement.
b. If any other funds 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 an employee of Congress, or
employee of a Member of Congress in connection with the Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL,"Disclosure of Lobbying Activities," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers including subgrants, contracts
under grants and cooperative agreements, and subcontract(s)and that all
Subrecipients shall certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, Title 31,U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not
more than $100,000 for each such failure.
31. Will not make any award or permit any award(subgrant or contract)to any party that is
debarred or suspended or is otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Orders 12549 and 12689, "Debarment and
Suspension". Subrecipient is responsible to ensure that vendors and/or consultants are fully
qualified to provide services and have not been disbarred from the State. Suspended or
debarred suppliers can be located on the Excluded Parties List System at w"Nv.evls.Pov.
32. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44
CFR Part 17, for prospective participants in primary covered transactions,the applicant
certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment,declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
b. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain,or performing
a public (federal, state, or local)transaction or contract under a public transaction,
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,making false
statements, or receiving stolen property.
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C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(federal, state, or local)with commission of any of the
offenses enumerated in paragraph(1)(b) of this certification; and have not within
a three-year period preceding this application had one or more public transactions
(federal, state, or local) terminated for cause or default; and 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.
Inventory
33. Subrecipients are responsible in tracking and maintaining all equipment/supplies purchased
by their jurisdiction, with HSGP grant funds. In addition, the Subrecipients must certify in
writing, annually, the status of all equipment/supplies purchased with HSGP grant funds.
The annual certification must be submitted to the OES Grants Unit no later than March 31 of
each year and submitted to:
San Bernardino County Fire Protection District
Office of Emergency Services
Attn: OBS Grants Unit
1743 Miro Way
Rialto, CA 92376
34. Subrecipient shall immediately report to County Fire/OES all damaged, lost or stolen
equipment/property that is purchased with grant funds per the OMB Circular. Subrecipient
must be complete and return the attached"Damaged, Lost, or Stolen Report Form''to County
Fire/OES for reporting to Cal EMA.
35. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with representatives
of the various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant, and
deployed with personnel trained in the use of such equipment in a manner
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
Record Retention
36. Subrecipient must maintain all payment documents and procurement records for grant
purchases/expenditures for three(3)years after the close of the grant, which occurs when the
Office of Homeland Security has filed the final report. Subrecipients will be notified by
County Fire/OES of the timeline.
Reporting
37. Will give the Federal government, the General Accounting Office, the Comptroller General
of the United States, the State of California, the Office of Inspector General,through any
authorized representative, access to, and the right to examine, all paper or electronic records,
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books, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards and/or awarding agency directives.
38. Will provide progress reports, and other such information as may be required by the
awarding agency, including the Initial Strategy Implementation Plan(ISIP)within 45 (forty-
five)days of the award, and update via the Grant Reporting Tool(GRT)twice each year.
39. Agrees to cooperate with any 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.
40. Subrecipient agrees to provide a single audit report and corrective action plan to County Fire
OES if total federal grant expenditures incurred by the jurisdiction in a fiscal year exceeds
$500,000. The Single Audit Report and corrective action plan, if applicable, must be
submitted to the OES Grants Unit no later than April 30th of each year,to the
followini!address:
San Bernardino County Fire Protection District
Office of Emergency Services
Attention: OES Grants Unit
1743 Miro Way
Rialto, CA 92376
Regulatory
41. Will comply with Federal Acquisition Regulations (FAR),part 31.2 Contract Cost Principles
and Procedures, Contracts with Commercial Organizations.
42. Agrees that funds utilized to establish or enhance State and Local fusion centers must support
the development of a statewide fusion process that corresponds with the Global
Justice/Homeland Security Advisory Council(HSAQ Fusion Center Guidelines, follow the
Federal and State approved privacy policies, and achieve(at a minimum)baseline level of
capability as defined by the Fusion Capability Planning Tool.
43. Will comply with all regulations applicable to DHS/FEMA grants, including,but not limited
to, 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, including,but not limited to, all provisions
relevant to the payment of interest earned on advances.
44. Will comply with Standardized Emergency Management System(SEMS)requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division I
of Title 2, Section 8607.1 (e)and CCR Title 19, Sections 2445, 2446,2447, and 2448.
45. Will comply with all applicable Federal statutes, regulations,policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
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46. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,
and Other Non-Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for
State,Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles
for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non-Profit
Organizations (OMB Circular A-122).
47. 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.
48. Will comply,and will assure the compliance of all agents and contractors,with all Federal
and State Statues relating to Civil Rights and Nondiscrimination. These include,but are not
limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibit
discrimination on the basis of race, color, or national origin.
b. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681-1683
and 1685-1686),which prohibits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. §§ 794),which
prohibits discrimination against individuals with disabilities.
d. The Age Discrimination Act of 1975, as amended(42 U.S.C. §§ 6101-6107),which
prohibits discrimination on the basis of age.
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. §§ 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.
It. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. 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.
49. 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 of race,color,religion,
national origin, gender or disability against a recipient of funds, the recipient will forward a
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copy of the finding to Cal EMA, FEMA, the U.S. Department of Justice Office of Civil
Rights,Office of Justice Programs and County Fire/OES.
50, Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
51. Will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646])
which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or Federally assisted programs. These requirements apply to
all interested in real property acquired for project purposes regardless of Federal participation
in purchases.Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance
and Real Property Acquisition for Federal and Federally-assisted programs.
52. Will comply,if applicable, with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients 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 ten thousand dollars($10,000)or more.
53. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728-
4763)relating to prescribed standards for merit systems for programs funded under one of
the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration(5 C.F.R. 900, Subpart F).
54, Will comply with provisions of the Hatch Act(5 U.S.C. Sections 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.
55. Will comply, if applicable,with P.L. 93-348 regarding the protection of human subjects
involved in research, development and related activities supported by this award of
assistance.
56. Understands and agrees that the applicant, grantees, subgrantees, recipients, subrecipients,
employees of the applicant, grantees, subgrantees, recipients and subrecipients may not:
a. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
b. Procure a commercial sex act during the period of time that the award is in effect; or
c. Use forced labor in the performance of the award or subawards under the award.
Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally
terminate any award, without penalty, if the subgrantee that is a private entity:
d. Is determined to have violated a prohibition identified in paragraph 59, subsections a,
b,or c;or
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e. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph 59 subsection a, b, or c through conduct
that is either:
i. associated with performance under this award; or
ii. imputed to the authorized agent or subrecipient using the standards and due process
for imputing the conduct of an individual to an organization provided in 2 CFR Part
180, "OMB Guidelines to Agencies on Government wide Department and
Suspension(Non-procurement),"as implemented by DHS/FEMA at 2 CFR, Part
3000.
And further understands that subgrantees and subrecipients must:
f. Inform Cal EMA immediately of any information received from any source alleging*a
violation of a prohibition in paragraph 59 subsection a, b, or c;
g. FEMA's right to terminate unilaterally as described in paragraph 59 implements section
106(g)of the Trafficking Victims Protection Act(TVPA) of 2000, as amended(22 USC
7104(g)).The right of FEMA and Cal EMA to terminate this award unilaterally is in
addition to all other remedies for noncompliance that are available under this award.
h. For purposes of this term:
i. "Employee"means either:
1) an individual employed by the subgrantee or subrecipient who is engaged in
the performance of the project or program under this award; or
2) another person engaged in the performance of the project or program
under this award and not compensated by the subgrantee or
subrecipient, including, but not limited to, a volunteer or individual
whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
ii. "Forced labor"means labor obtained by any of the following methods: the
recruitment, harboring, transportation,provision, or obtaining of a person for
labor or services,through the use of force, fraud, or coercion for the purpose
of subjection to involuntary servitude, peonage, debt bondage or slavery.
iii. "Private entity"means any entity other than a state, local government, Indian
Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25,
and includes non-profit organizations, including any non-profit institution of
higher education, hospital, or tribal organization other than one included in
the definition of Indian Tribe at 2 CFR 175.25(b), and for-profit
organizations.
iv. "Severe forms of trafficking in persons,""commercial sex act," and
"coercion"have the meanings given at section 103 of the TVPA, as amended
(22 USC 7102).
57. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as
amended, 7 U.S.C. 21131 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.
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58. 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,
59. Agrees that"Classified national security information" as defined in Executive Order(EO)
12958, as amended, means information that has been determined pursuant to EO 12958 or
any predecessor order to require protection against unauthorized disclosure and is marked to
indicate its classified status when in documentary form.
60. Agrees 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 if the award recipient has not been approved for and has access to such
information.
61. Agrees that where an award recipient, grantee, subrecipient, or subgrantee 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, subawardee,
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, as amended; the National Industrial Security Program
Operating Manual(NISPOM); and/or other applicable implementing directives or
instructions. All security requirement documents are located at:
http://www.dhs.gov/xopnbiz/grants/index.shtm.
62. Understands that immediately upon determination by the award recipient that funding under
this award will be used to support such a contract, subaward, or other agreement,and prior to
execution of any actions to facilitate the acquisition of such a contract, subaward,or other
agreement,the award recipient shall contact ISPB, or the applicable federal department or
agency and County Fire/OES, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
E-mail: DD254AdmliiistrativeSecLirity(r;(_Ih,.,.c-,ov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington,DC 20528
63. Agrees with the requirements regarding Data Universal Numbering System(DUNS)
Numbers,meaning if recipients are authorized to make subawards under this award,they
must notify potential subrecipients that no entity(see definition in paragraph C of this award
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term)may receive or make a subaward to any entity unless the entity has provided its DUNS
number.
a. For purposes of this award term, the following definitions will apply.-
i. "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
fttp://fedgov.dnb.com/webfoirm).
ii. "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 sub-recipient under an award or subaward to a non-federal
entity.
iii. "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 Sec. 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.
iv. "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.
64. Will comply,if applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. Section
276a to 276a-7),the Copeland Act(40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act(40 U.S.C. Sections 327-333),regarding
labor standards for Federally-assisted construction sub-agreements.
65. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act(ADA) 1990.
66. Agrees to comply with the Drug-Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
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Initials—y-k—
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph(a).
d. Notifying the employee in the statement required by paragraph(a) that, as a condition
employment under the grant, the employee will
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar
days after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph(d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including
position title,to:
San Bernardino County Fire Protection District
Office of Emergency Services
Attn: Division Manager
1743 Miro Way
Rialto, CA 20531
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions,within 30 calendar days of receiving notice
under subparagraph(d)(2), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee,up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by Federal,
State, or local health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and(f).
67. Will comply with all applicable requirements of all other Federal and State laws, executive
orders,regulations, program and administrative requirements,policies and any other
requirements governing this program.
68. 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. Applicant will
comply with all conditions placed on any project as the result of the EHP review; any change
to the scope of work of a project will require reevaluation of compliance with these EHP
requirements.
69. Will comply with all regulations applicable to DHS/FEMA grants including,but not limited
to, 44 CFR, Part 10, Environmental Considerations. Applicant will also comply with all state
laws, including the California Environmental Quality Act.
70. Agrees not to undertake any project having the potential to impact the EHP resources without
the prior written approval of DHS/FEMA/Cal EMA/County Fire OES, including,but not
Page 14 Initials
limited to, ground disturbance, construction, modification to any structure,physical security
enhancements, communications towers, any structure over 50 years old and purchase and/or
use of any sonar equipment. The subgrantee must comply with all conditions and restrictions
placed on the project as a result of the EHP review. Any construction-related activities
initiated without the necessary EHP review and approval could result in a noncompliance
finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA/County
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 County
Fire/OES and the appropriate State Historic Preservation Office. Subgrantees,must complete
the FEMA EHP Screening Form(OMB Number 1660-0115/FEMA Form 024-0-01)and
submit it,with all supporting documentation, to Cal EMA and County Fire/OES. The EHP
Screening Form is part of an Information Bulletin available at:
wkN,-w.fema.�ov.J'do -ietit.,'clritit,,btilletins'info3?9 final screg
Subrecipients should submit the FEMA EHP Screening Form for each project to County Fire
OES as soon as possible upon receiving their grant award.
71. 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 EMA, FEMA and County
Fire/OES 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.
72. Will provide any information requested by DHS/FEMA/Cal EMA/County FireOES to ensure
compliance with applicable laws, including the following:
a. Institution of environmental quality control measures under the National
Environmental Policy Act,National Historical Preservation Act,Archaeological and
Historic Preservation Act, Endangered Species Act, and Executive Orders on
Floodplains (11988), Wetlands (11990), Environmental Justice(12898)and
Environmental Quality (11514).
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. Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93-523).
f. California Environmental Quality Act(CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations (CCR), Title 14, Chapter 3
Sections 15000-15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)related to protecting
components or potential components of the national wild and scenic rivers system.
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h. Applicable provisions of the Coastal Barrier Resources Act(P.L. 97-348)dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
73. Understands that failure to comply with any of the above assurance may result in suspension,
termination,or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into
this agreement for and on behalf of the said applicant.
Name of Subrecipient CITY OF REDLANDS POLICE DEPARTMENT
Signature of Authorized Agent:_
Printed Name of Authorized Agent: Pete Aguilar
Title: mayor Date: 01/31/2012
ATTEST:
Sam Irwiii, 'G'ity"Clerk
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