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HomeMy WebLinkAboutContracts & Agreements_231-2014_CCv0001.pdf San Bernardino County y Fire Protection District (SBCFPD) FY2014 Homeland Security Grant Prograrn CFDA 97.067 Sub-Recipient Agreement Grant No. 2014-00093 Name of Applicant:CITY—OF—REDLA N.DS-ROL-ICE—DEPAR-T-MEN-T-------- Address,po ao)( City:REDLANDS-- State:_GA__Zip Co&_C,2,,373_,____ Telephone NUrriber: Fax NUVl1bCr- E-Mail Address:_��walK (t1andspp�fice.gr As the duty authorized representative ofthe applicant,I certify that the applicant named above: 1. Will assure that the Funding Opportunity Ar nouncenient for this program is hereby incorporated into your award agreement by reference. By accepting this award, tile SLO-Recipient agrees that till allocations and tise or Funds tinder this grant will be in accordance with the requirements contained in the FY2014 Homeland Security Grant Program Fundin,, Opportunity Announcement, the California Supplement to the F204 Homeland SCCUrity Cirant Prograin Funding Opportunity A1111OUncement,and all applicable laws and regulations. I 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 I lonieland Security Strategies as well as the investments identified in the Investment Justifications xvhich were submitted as part of the California F201 Florneland Security Grant Prograrn application, Further,use of FY2014 funds is limited to those investments included in the California FY2014 Investment Justifications Submitted to D1 ISTEMA and Cal OES and evaluated through tile peer review process. I Understands that in the event FEMA determines that chinges are necessary to the award document a Rer an award has been made, including changes to period of performance is and conditions, sull-recipients t _- or tern will be notified of the changes in writing. Once notitiscation has been made, any subsequent request for funds will indicate sub-recipietu acceptance ofthe changes to the award. Please call the San Bernardino San Bernardino County Fire Protection District(SBCFPD),Grants Administration Unit at(909)387-593 1,Or via e-mail to:!'sanM,jw.Lv4cjLrc.jj ,1, — Eg 4. Has the legal authority to apply for Federal assistance and has tile institutional, Managerial and financial capability to enSUre proper planning, inanat, ,ement and completion of tile grant provided by the U& Department of Homeland Security(DHS)/Federal Ernerg ,ency Management Agency (FEMA)and sub- granted through the State of California,California Governor's Office of Einergency Set-vices(Cal OES). 5. Will assure that grant fundsare used for allowable, fair,and reasonable costs only and will not be transferred between grant pro naris (for example: State Homeland Security Program and Urban Im Area Security Initiative)or 11scal years. 6Will comply with any cost sharing commitments in larded in the FY2014 Investment Justifications submitted to DFIS/FEMA/Cal OES, where applicable, Pat,, I I Initial t- 7. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. S. Will give the San Bernardino County Fire Protection District(SBCFPD), Grants Administration Unit,Cal OSS and DI-IS/FEMA,through any authorized representatives,access to,and the tight to examine,all paper or electronic records, books,and documents related to the FY 14 HSGP grant award,and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by San Bernardino County Fire Protection District(SBCFPD), Cal OES and DI-IS/FEMA, through any authorized representative, with regard to examination of grant related records,accounts, documents, information and staff. 9. Agrees,and will require any sub-recipient,contractor, successor,transferee,and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records,accounts,documents, information,facilities,and staff. a. Sub-recipients must cooperate with any compliance review or complaint investigation conducted by DHS or Cal OSS. b. Sub-recipients must give San Bernardino County Fire Protection District(SBCFPD), Di-IS and Cal OSS 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 San Bernardino County Fire Protection District (SBCFPD), DHS and Cal OES program guidance,requirements,and applicable laws. C. Sub-recipients must comply with all other special reporting,data collection, and evaluation requirements,as prescribed by law or detailed in program guidance,and sub-recipients must submit timely,complete,and accurate reports to the appropriate San Bernardino County Fire Protection District(SBCFPD), Grants Administration Unit and maintain appropriate backup documentation to Support the reports. d. If,during the past three years, the Sub-Recipient has been accused ol'discrimination on the grounds of race,color, national origin (including limited English proficiency), sex, age,disability, religion,or familial status,the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the San Bernardino County Fire Protection District(SBCFPD), Grants Administration Unit to be sent to Cal OES/DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency),sex, age, disability, religion,or familial status against the sub-recipient,or the sub-recipient settles a case or matter alleging such discrimination,recipients must forward a copy of the complaint and findings to the San Bernardino County Fire Protection District(SBCFPD), Grant Administration Unit office. The United States has the right to seek judicial enforcement of these obligations. 10. Will comply with any other special repotting, 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. 11. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of 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 ofcapability as defined by the Fusion Capability Planning Tool. Page 12 Initials 12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating,expending, or drawing down IASGP—UAS1 fiends in support of their State and/or Major Urban Area Fusion Center. Cal OES will notify the San Bernardino County Fire Protection District (SBCFPD), Protection District in writing when DHS/FEMA has lifted the hold. 13. Will initiate and complete the work within the applicable timefirante(sub-grantee performance period), in accordance with grant award terms and requirements,after receipt of approval from San Bernardino County Fire Protection District(SBCFPD), and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 14. Will provide timely, completed, accurate and maintain appropriate support documentation to support the reports,and other such information as may be required by the awarding agency. 15. Will provide timely notifications to San Bernardino County Fire Protection District(SBCFPD), of any developments that have a significant impact on award-supported activities, including changes to key program staff. 16. Agrees to be non-delinquent in the repayment of any Federal debt. Cxamples of relevant debt include delinquent payroll and other taxes,audit disallowances,and benefit overpayments.See OMB Circular A- I29 and form SF-42413, item number 17 for additional information and guidance. 17. Will comply with the requirements of31 U.S.C. §3729,which set forth that no sub-grantee, recipient or sub-E•ecipient 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. 18. 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. 19. Will comply with the Office of Management and Budget(OMB)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-1 10, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations,relocated to 2 CFR Part 215. 20. Will comply with the financial and administrative requirements set forth in the current edition of the DIAS Financial Management Guide;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 OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations,as applicable. 21. 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. Page 13 Initial 22. Will comply with provisions ofthe ]-latch Act(5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 23. 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 connections. 24. Understands and agrees that Federal finds will not be used,directly or indirectly,to support the enactment, repeal, modification or adoption of any law, regulation,or policy,at any level of government,without the express prior written approval from DHS/FEMA and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352., and agrees that none of the funds provided under this award may be expended by the recipient to pay any person to influence,or attempt 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 any Federal action concerning the award or renewal of any Federal contract,grant, loan,or cooperative agreement. 26. Agrees that,to the extent contractors or subcontractors are utilized, will use small, minority-owned, women-owned,or disadvantaged businesses,to the extent practicable. 27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A,paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 28. Will ensure that Federal funds do not replace(supplant) funds that have been budgeted for the same purpose through non-Federal sources. Sub-recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 29. 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. 30. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. §2000d et seq.),codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will,on the grounds of race, color,or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis ol'gender in educational programs and activities.These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. C. The Americans with Disabilities Act, as amended,which prohibits recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C. § 12101 et sect.). d. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§ 6101 et seq.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. e. The Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug abuse. _,_. ._...�... Page 14 lnitia s f The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §290 dd-3 and 290 ee-3), as amended,relating to confidentiality ofalcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968(42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100),as amended, relating to nondiscrimination in the sale, rental and financing of housing. i. Title 44 of the Code of Federal Regulations (CFR)Parts 7, 16,and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statutes) under which the application for Federal assistance is being made and any other applicable statutes. lc. 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. I. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race,color, religion, national origin,gender, or disability against a recipient of funds, the recipient wi ll forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply,and assure the compliance of all its sub-grantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 31. Will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. §4601 et seq. (P.L.91-6461), 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. 32. Will comply with all provisions of DI-IS/FC-MA's regulation 44 CFR Part 10, Environmental Considerations. 33. Will comply with all applicable Federal, State,and Local environmental and historical preservation (CHP) requirements. Failure to meet Federal, State,and Local CHP requirements and obtain applicable permits may jeopardize Federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DI-1S/FEMA and Cal OES, including, but not limited to, ground disturbance,construction, modification to any structure, physical security enhancements, communications towers,any structure over 50 years old,and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review.Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding,and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-disturbing activities occur during the project implementation,the subgrantee must ensure monitoring of the disturbance. if any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/and Cal OES and the appropriate State Historic Preservation Office. Page 15 Initials 34, Any construction activnies that have been initiated prior to the full eaVil-0111TICutal and historic preservation review could result in a non-cornpliance finding. rb-grantees IIIIISt Complete the DFIS/FEMA EI-IP Screening Form(OMB Number 1660-01 1-5/FEMA Form 024-0-01)cued Submit it,with all supporting documentation,to San Bernardino County Fire Protection District(SBCFPD), Attention- Grants Administration Unit for reviewing. The San Bernardino County Fire Protection District (SBCFPD)will then Submit to the Cal DES prograrn representative to be processed by the DHS/FEMA GPD EUP, 35. SLib-recipients ShOUld Submit the FEMA hal is Screening Form lor each project as soon as possible to tile San Bernardino COUnry Fire Protection District (SBCFf'D),-,, GrantsAdministration Unit before starting their protect.The Screening Form for these types orprojects is available at. wkvw,femagp. /g naer 1 Lg& iS�u , c),doc LItins/infO329 fil s 36- Will ensure that the facilities under its 0WIlerShip, lease Or RIPCI-ViSiOu, which shall be utilized in the accomplishment of this project. are not on the Environmental Protection Algency's(EPAs) List of Violating Facilities,and will notify Cal OES and the DI-IS/FEMA of the receipt of any COHIMUnication from the Director of the EPA Office of Fcderal Activities indicating if a fticility to be used in the project is tinder consideration for listing by the EPA, 37. Will provide any information requested by D[IS/l'-'l,',NIA and Cal OES 10 ensure compliance with applicable laws including, but not limited to, the following: a. luStitUtion of envirorn-tiental quality control aleaSUIVS under the Archaeological and Historic Preservation Act, Endangered Species Act, 2111d FXeCLItiVe Orders on Floodplains(11988), and Environmental Justice(FO12898)and Environmental Quality(F,-,Ol 1514); tltl Notification of violatita, 1106fifleS pursuant to 130 11738. c, Assurance of Project consistency with the approved state manaigernent program developed under the Coastal Zone ManagornentAct of 1972 t 1 US.01451 et seq.) cl. Protection of underground sources of drinking water Under the Safe Drinking Water Act of 1974,as amended,,(P,L, 93-523). c. California Environmental Quality Act(C EQ California Public Resources Code Sections 21(380- 21098, and California Code Of RCgUlIlti0IMTiIle 14,Chapter 3 §§ 15000-1500T f, Wild and Scenic Rivers Act of 1968 t 6 U.S.C. § 1271 ct seq.)related to protecting components or potential components of the national wild and scenic rivers systern. g. Applicable provisions of the Coastal Barrier Resources Act 6),I— 97-348)dated October 19, 1982(16 USC §3501 et seq.), which prohibits the expenditure ofrnost new Federal funds within the 111145 Or the Coastal Barrier Resources System, 38, Will comply Nvidi Standardi7ed E"inergency Management System (SEMS)reqUirerneins as stated in tile Cafifornia Emergency Services Act,Government Code. Chapter 7 Of Division I ofTine 2. § 8607.I(e)and CCR Title 19, §§ 2445,2446,2447.and 2448. 39. Agrees that SUb-i-eciplents collecting Personatly Identifiable Information (11,11) must have as publically- available privacy policy that describes what Pit they collect,how they plan to use the Pit, ohether they share Pit with third parties,and how individuals may have their PH corrected where appropriate.Sub- recipients may also find DHS Privacy Impact Assessments, guidance and templates online at and at hLtp., ivacy,�ri ,Lgy n:,� 1z -recipient i b tp_tqIIII) Lq jotf, respectively. Sub S w 11 0 notified of the above requirements by SBCFPD if is necessary, Page ICS Initial A� 40Agrees that all DDI S/1713MA-funded project aCtivureS carried on outside the United States at-(-,coordinated as necessary Nvith appropriate gpverninent Muf)OritieS 0I)d thal appropriate licenses, permits.and approvals are obtained. 4L Wilt comply with Section 6 ofthe Hotel and Motel Fire Safety Act of 1990, 15 l Sk, 2225(a), whereby all SUb-grant ees, recipients, and SUrt-recipients must euSUre that all conference, triecting, convention,or training space, funded in whole or in part with Federal funds,complies etith the fire prevention and control guidelines ofthe Federal Fire Prevention and Control Act of 1974, 15 U&C2223 421 Will comply with the Preference l'or US. FLat, 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 Ali,Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §401 t 8)and the interpretative guidelines issued by the Comptroller General or the United States in the March 31. 1981 amendment to Comptroller General Decision 15138942, 43. A,I�ree,: that aH public',a6mis crtmied of puhfis�ljejj 'kki-IE!, fffll(jj6v, this gran", Shall pl'orninenth ct')nmin th brans Irfilli Jf,I,,',44A's (,f-Twa Jlro,,,,�rarnv statement: "This docunat"ni pf , ` '114100 A$nde � t �,,r zl Direcit,trate, 1,111S. Depurtment(,!J'IIojnt.4aud Secaritv. llohas e)I'vieW W,(011ioUS 4WCISNeld ill this thit-Min,wi are rhase o0he ora"voor,% and do nor necev'Aarilt,it twc-sent III("f1fieial jwsiliew orludich"",sqf Gran' Pre,a," rumv Dircvrorwe ar the U S. 01 Iffmllehfmd Securill""'I r1,` suh and reciplent also ayree, thhat, kMien frratniczibk.,, any e04.9rINYWIQ pUrchasvd t61h �'Iranl ftindm,r!, �,Imffl 1""e promincildy marked" as foliows: SeenrilY, 44, Acknowledaes that DHS/FEMA reserves a royalty-free, II0uQAClUSiVe, -,air] irrevocable license to reproduce, publish, or Otherwise Use, and aU11101-iZe Callers 10 use, for Federal government purposes- a) thecopyright in zn tiny work developed under an award or subaward; an([ b)any rights of copyright towhich a recipient or sub- v recipient purchases ownership with Federal Support.The recipient nitist affix the applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship(including award number) to any work first prodUCed Under Federal financial assistance awards, Unless the 'work includes any information that is otherwise controlled by the Government(e.g.classified information or other information subject to national security or export control laws or regulations), The recipient and Sub - recipients agrees to consult with DI ISIFEMX and Cal OE S regarding the allocation orany patent eighth that arise from. or are purchased with, this funding. 15. Sub-i-ecipients receiving Federal financial assistance to be used to perforni eligible work approved in Ille submitted application for Federal assistance and after the receipt of Federal finalIcial assistance, through the State ofCalifornia,agree to the following: a. Promptly return to the State of Cald'ornia all funds receive(] which exceed the approved, actual expenditures as deternii tied by the Federal or State government. tifit the event the approved amount ofthe urant is reduced, the reimbursement applicable to the all-tOtInt of the reduction will be promptly refunded to the State of CaMbi-nia. c. Property and equipment purchased under the HSGP reverts to Cal OUS if the grant I'Linds are deobligated or disallowed and not promptly repaid. d. FI GP funds used for the improvernera or real property inust be promptly repaid following delibligation or csaflOINATIent of costs,and Cal OE reserves the right to place a fien on the property for the amount owed. Therefore, if any Procurement with the II GP grant funds is determined to be ineligible or inappropriate, tire money most be returned to Cal OE,S. If as procurement was done incorrectly or if a Page i 7 Initials piece of equipment purchased was not on the AE L list, then that money must be returned because the itern is not allcoved. 46. Understands that sub-recipients who receive awards Milde underprolgrains that provide emergency I communication equipment and its related activities MUSI comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions can technical standards that ensure and enhance interoperable communications. 47• Will comply, i IF applicable, xvith the Laboratory A nirna I Wei ftire Act of'1966(R l_ 89-544,as zinlended, 7 U.&C. § 212)I on seq.)pertaining tci the care,handling,aandi trearrilent of warm blooded annuals field leer research,reaching, or other activities Supported by this award of assistance. 4& Will comply Nvith the minimurn ovag ,e and unaxillILI111 hOUr provisions of the Fed ral Fair Labor Standards Act(29 LtS.0 § 201)>as they apply Lo employees OfillStitUtiOnS of higher education, hospitals, and other ricin-profit organizations. 49. Agrees that "Classified national Security inflorniatiorl," US defined ill EXCGLA`iVe Order(130) 12958, as amended or updated via later executive order(s), means information tha'i has been determined pursuant to ED 12958 to require protection against Unauthorized disclosure and is marked to indicate its classified status when in docurnentary forin. No funding Under this award shall be Used 10 Support it contract, SUbaward, or other agreement tor goods or services[haat will include access to classified national Security information if the award recipient or Sub-Recipient has not been approved tor and granted access to such information by appropriate authorities. 50Agrees that where an award SLIft-Recipient has been approved for and has access to classified nationl:d security information,no funding Under this award shall be used to Support as contract,subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, Sub-Recipient,or other entity Without prior written approval front the DHS Office or Security, Industrial Security program Branch(ISPB), or,all appropriate official within the Federal department 01' agency with whorn the classified effort will be performed. Such contracts,subawards,or other agreements Shall be processed and administered in accordance with the DI IS "Standard Operating procedures, Classified Contractinby States and Local Entities," dated July 7,;2 08; EOs 12829, 12958, 12968,and 9 other applicable executive orders; the National Industrial Security Prograrn Operating Manual (NISPOM); an(] otherappliccable implementing directives or instructions. Security requirement dOCURICInS may be located at: ih[KjgyrttnL index.shill'i 51, Immediately upon determination by the award recipient that used Iduding Under this award nlay be used to Support as contract,subaward, or otber agreement involving access to classified national SCCUrity information pursuant to paragraph 47,and prior`tea eXeCU6011 ol'any actions to fiacilitate the acqUiSitiOn Ol'Such as contract, subaward,or other agreement, For additioninformation the SUb-Recipient will need to contact San Bernardino COUnty Fire Protection District(SBCFPD)and obtain approval and processing instrUCtiOnS, 51 Will comply with the requirements regarding Data Universal Numbering System (DUNS)numbers. If I" recipients are authorized to make subawards under [his award,they must first notify potential sub-recipients that no entity may receive or make as subaward in ally entity OnICSS the entity has provided as DUNS number. For fildirposes of this award term,the f-ollowing del-initions will apply: a. "Data Universal Numbering Svstern(DUNS)" number ineins the nine digit number established and assigned by Dun and Bradstreet, Inc,(D&B) 10 uniquely identify business entities® A DUNS number Page 18 Initial may be obtained from D&B by telephone (currently 866-705-5711)or the Internet,curnnitly at ItLt�,Ilfed �ovdt1b,com/vYebfi6nn, Et. as it is used in this award term, means all of the l"ollowingZ',as defined at 2 CFR part 25, subpart C.as as Governmental or-anization, which is a State, local c,1 7 overnment,or Indian Tribe;or a f0reign pUbhc entity-,or a domestic or forenonprofit ortuan ign i i I 11 Lzatrow or a domestic or foreign for- profit organization;or a Federal a l gCaQV, hot only as as Sub-Recipient Linder an award or subaward to a non-Ferferal entity. C. "Subakyard" nicans a legal instrUBICut to provide support for the performance ofany port on of the substantive project or program for which You received this award and that you as the recipient,award to an eligible Sub-Recipient, It does Lot inClUde your Procurement of property and services needed to carry Out the project or program (for further explanation,see section 2 10 oftile attachment to OMB Circular A-I 33,"AUCInS ol'States, Local Governments,and Non-Prol'it Organizations") and may be provided through any, legal agreement. inClUding an agreement that VOU consider to contract, d. means an entity [flat receives a SUbaward frorn You Linder this award,and is acCOUntable to you for the use ofthe Federal funds provided by the sUbaw ird, 53. Will comply,as applicable,with the provisions orthe Davis-Bacon Act (40 USk. § 276a to 276a-7), the Copeland Act(40 U.S,C § 276c and 18 U,S,C. § 874),and the Contract Work Hours and Safety Standards Act (40 US,C, §§ 327-333). regarding Jabot-standards for Federally-assisted construction sub-agreernents. ti 54. Agrees that equipment acquired or obtained with or ant frauds: rrr Will be made available pill-SUant to applicable ternis 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 erlt�orcetoent agencies Within the jurisdiction. of the applicant,and deployed with personnel trained Ill the use Of'SUCh equipment in a manner consistent with tile Catilbrnia l.a%v Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan, bIs consistent with needs as ideotifiCd in the State Homeland Security Strategy and will be deployed in conformance with that Strateguy, 55. Will comply with Homeland Security Presidential Direefive(I ISPDI)-5, Management of Domestic Incidents. The adoption ot'llic National Incident Management System (NIMS) is a reClUirement to receive Federal preparedness assistance, through grants,contracts,and other activities,The Allyls provides as consistent nationwide template to enable a]I levels of ggove rran e tit, tribal nations, nongovernmental or ,ni .aborts,a d 'ga 11 private sector partners to work together to prevent, protect against,respond to, recover froin,and mitigate the effects of incidents, regardless of cause,Nice, location,car-complexity, 36� Will comply with OMB Standard Forin 424B Assurances—Non construction Programs, whereby the awarding aueucv may re(JUire SUb-granteeti and sub-recipienti to certify to additional assurances, 57. Will not make city wvvard or pertnit anY award(SUbgrant or contracts to any party vVInch is debarred or suspended or is otherwise excluded front or ineligible leer participation in Federal assistance prouranis" Linder Executive Order 12549 and 12689, "Debartnent and Suspension."As required by Executive Order 12549, DebarloOnt and Suspension,and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant will provide protection against waste, fraud and abuse, by debarrint) or suspending those persons dented irresponsible in their dealings with the Federal govertirrient, Applicant certifies that it and its principals: a. Are not presently debarred,Suspended, proposed (or debarment, declared ineligible,sentenced to as denial of Federal benefits by a<State or Federal COUrt,or voluntarily CXCIUded from covered transactions by any Federal department or agency. Page I 9 Initials b. Have not within a three-year period preceding this application been convicted of or had a civi I judgment rendered ag, iinst thecal [01-COMMiSSi011 o1`fraud or a criminal offense in connection with obtainino, attempting to obtain,or performin-a public (Federal,State., or local)transaction or contract under at pUblie transaction, violation of Federal or State antitrust SWRIteS 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 as governmental entity (Federal, State,or local) with commission of any or he offenses ellUillerated in parag-raph(I)(b)of' this ceilification: and have not vviihin a three-year period preceding this application had one or more public transactions(Federal, State. or local) terminated for cause or def'rUlt;and d, Where the applicant is unable to certify to any ofthe statements in this certification, lie or she sliall attach an explanation to this application, _5 8. Will comply with requirements to acknovded.ge Federal f-unding When iSSUiMl stalernenls, press releases, requests for proposals,bid invitations,and other documents describing projects or programs funded in whole or in part ivitil Federal funds. 59. Will obtain,via San Bernardino County Fire Protection District (SUICRID), the prior approval from Cal OES on any use or the wis seaiw, logos, crests or reproductions of flags or likenesses of DUS t� agency officials,including use or the United States Coast Guard seat,logo,crests or reproductions or flags or likenesses of Coast Cuard officials. 60, Will comply with tile requirements ofthe Drug-Free Wor1cplace Act of 1988 (4 1 US.C. § 70 1 et seq.), which requires that all organizations receiving grtuirs from any Federat agency agree to maintain a drUg-free workplace,The Sub-Recillient must notify the San Bernardino County Fire Protection District(SBCFPD), fan employee ofthe Sub-Recipient is convicted ol'violating as criniinat drLJ(J statute. Failure to comply with these reqUil-ernentS may be cause for debarment, These regulations are codified at 2 CFR 3001, 61. Will comply with the reqUirealentS ofthe government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act("I,VPA)of 2000, as amended(22 U.S:C. § 7104), located at? CFR Part 175.This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No.218,November 133,200T Ili accordance with Section 106(8)of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, ivithout penalty. if the recipient or a SUb-Recipient engages in severe, fiorms of trafficking in persons during the period of time that the award is in effect, procures a comet ercial sex act during the period of'time that the award is in effect,or uses forced labor in(lie performance ofthe award Or SUbawards under the award, Full text of tile award term is provided at 2 CFR § 175.1'5. 62. Will comply with Title VI of the Civil Rights Act of' 1964 pr0iibition ag !ainst discrimination Oil the basis of national origin, Which requires that Subreciplents of federal financial assistance take reasonable steps to I rovide meaningful access to their progranis and services. Meaningful access may entail providing language assistance services. incl ticling oral and ivritten translation, where necessary. SUbreci pients are encouraged to consider the need for language services for 1,F P persons served oi-ei l__ 1COUntered both in developing budgets and in conducting progranis and activities. feta b-11t,,cipient shall comply with DI IS Guidance to Federal Financial Assistance Recipients Regording Title VI Prohibition Aggainst National Origin Discrimination Affecting Limited F'riglish Proficient Persons, 76 Fecf Reg1755-21768(April 18, 2011),resuiting from Executive Order I')166. For assistance and information regarding LEI'obligations, refer to D14S Recipient Guidance at pu:rs,:,1Avw,sv.d_hs 00NI/Oki L)NLIri7,1tiQ115:P )�'Ck-qjCqrjLi eL-Lit Lined and additional resources on q jC qg,,L �pL I-aage I 10 Initia 63. WiII comply with the requirements of 42 U.S.C. § 7401 et seq.and Executive Order 11738, which provides for the protection and enhancement of the duality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical,physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in MIS Management Directive 026-04, Protection of I-1rEman Subjects, prior to implementing any work with lwmart subjects.The regulations specify additional protections for research involving human fetuses, pregnant women,and neonates(Subpart l3); prisonet's(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. 65. Will comply with the requirements of the National Environmental Policy Act(NEPA),as amended,42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters.To comply with NEPA for its grant-supported activities,DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments Ender 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. 67. Will comply with the requirements ol'the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. § 4001 et seq.),which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. 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. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. §§ 175-175c.Among other things, it prescribes criminal penalties for possession of any biological agent,toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research,or other peaceful purpose.The act also establishes restrictions on access to specified Page I 1 I Initi s materials. "Restricted person,,,," its defined by the aa rilay,not possess, ship, transport. or receive any biolooicad agent oi-toxin that is listed as as select agent, 70. Understands,the reporting 017SUbawards and MCLIt'Nez compensation rldeS, inClUding first liersUbawards to Cal OES. a. Appficability. Unless You are exempt as provided in paragraph d, ofthis award term.YOU MUS1 report each action that obligates$2-5,000 or more in Federal funds that does not inclUde Recovery funds(as defined in section 1512(a)(2) ofthe American Recovery and Reinvesnueni Act of`2009, b. Where and when to report:you must report on each obligating action described in the follovvinl, paragraphs to Cal OLS. For subrovard information.report no later than the end of the month followin-the month in which the obligation was made.(For example, if the obligation was made oil Novernber 7, 2013,the obligation must be reported by no later than December 3 t,2013.) C. What to report: You must report the information about cacti obligating action that the submission instrUCtiOnS posted in Information Bulletin 350, to Cal CIES. To determine ifthe public has access to tile compensation information,see the US. Security and Exchange Commission total compensation filings at Subgrantees must report Saab-Recipient eXCCUtiVe total compensation to Cal OES by the end of inorall following the nionth during which you make the subaward. Exemptions include- If, in the previous tax YeW',You had gross income, from all Sources, Under$300,000.You are exempt from the reqUirements to report on subawards, and the total compensation of the five most highly compensated eWCUtives ofany SUb-recipient. (L Reporting Total Compensation ot'Recipient Executives: You must report total compensation for each Of YOLM rive most hig hl y compensated executives for the preceding completed fiscal year, if i. The total Federal runding authorized to(late Linder this award is$25,000 or more; iii [it tire preceding fiscal year,VOU receive(] (SO percent or inure of your annual gross revenues from Federal procurement contracts(arid Subcontracts)and Federal financial assistance suhject to tile Transparency Act. as defined at 2 CFR § 170.320(arid subawards);and$25,000,000 or nioric in annUal gross NWIILICS CM111 Federal procurement contracts(arid Subcontracts)and Federal financial assistance SlAdJOCt In the r 1'ransparency Act, as defined at 2 CFR § 170,320 (and subawards); and iii. The public does not have access to information about the compensation ofthe executives throat ,111 periodic reports filed under Section 13(a)or 15(d)Ol7the Securities Exchange Act of 1934(15 U.S.C. §§ 78ro(a), 78 (d)) or§ 6104 of the Internal RCVCnUe Code of 1986.(To determine ifthe public has access to,the compensation information,see the US. Security ]ad Exchange Commission total compensation filings at LLIU_Wvvvk\v4_.SMC _1110 iv. Sub-Recipient EXeCUtiVeS, (.Unless YOU are exerapt as provided above, for each first-tier Sub- Recipient under this award,you shall report the nanies and total compensation of each ofthe Sub-Recipient's five most highly compensated exeCUtiVeS for the Sub-Recipient's Preceding completed fiscal year, if in the Stab-Recipient's preceding fiscal year,the Sub-Recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and Subcontracts)arid Federal financial assistance SUttjed tea-the Transparency Act,as defined at 2 CFR § 170320(arid SLINIVVards);and$25,000,000 or more in annual gross revenues hrorn Federal procurement contracts(and Subcontracts),arid Federal Financial assistance sutjeci to theTraosparency Act(and-SUbawar(IS): and tile public does not have access to inflorination about tile cornpentatoon of the executives through periodic reports riled Linder section I 3(a)or 15(d)of the SeCI]6fics Exchange Act of' 1934 (15 USE, §§ 78111(a), 78o(d))or§6104 offlie Internal Revenue Code of' 1986. Page 1 12 Initial 71, Sub-Recipient acknowledges that equipment PUM11-1,Sed With 4:�Drarit funds Must be accounted For and reconciled with the San Bernardino San Bernardino County Fire Protection District(SBCFPD), Grants Administration Unit's property records at each scheduled inventory inspection. 72. SUb-Recipient will develop as control tracking system to ensure adequate safeguards to prevent loss,damage or theft of grant funded equipment, 73. When equipment purchased with grant funds is no longer needed or is in need of beino replaced, Sub - Recipient will request disposition insti-LIC6011S 11-0111 San Bernardino COLHAY rire Protection District (SBCFPD),Grants Administration Unit. 74. if items are lost,stolen,or darnaged,Sub-Recipicat will provide explanation on the Darnage, Lost, Stolen, or Retired(DLSR) form of how it happened and how Sub-Recipient is going to prevent it trona happening in the future. 75, personnel Activity Report(PAR) Any employee who is partially Funded by federal grants must maintain time and effort reporting and docurnent the time they spend working on the grant's oOjectives. Documentation must reflect"'actual"thre spent by the employee on grants being charged(2 CPR 225,Appendix B.8.1i). Attached is a Personnel Activity Report(PAR) document to assist in proper grant payroll documentation. PAR s must itemized/log the time the employee has worked on a punded grant project, If Your agency already has the capability of producing a(lata-rent equivalent to the attached PAR form from your existing payroll systern,you do NOT need to use the attached PAR to Your track time, Salary costs that are not accurately and properly documented are"uriallowable costs"and will not be reimbursed. If You have been reimbursed for wages that were not property recorded and Supported, the State or F-ederal Governments may require your agency to pay back any"unallowable costs." 76, Sub-r-ecipients will provide(2)photas in color or black& white Lal"each grant purchased equipment and photo of serial number,if applicable. Provide the intended location of deploy men t/assign rnent of the equipment. 77. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds, 78. 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. Signature of Authorized Agent: Printed Name of Authorized Agent.- PatIl W. F'Oster �Cit of�Redlrtds Date: 12-16-14 ATTEST- 7 Sanmi 14' ,C)ty Clerk Palue 1 13