HomeMy WebLinkAboutC-7171-0 - Agreement to transfer Property or Funds for 2015 Homeland Security Grant Program Purposes2
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2015 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this ( day of �Uo Ax r— 2016, which
date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter referred to as "COUNTY', and
Of �Q fi �' , a (municipal corporation/special district/not-for-
profit- rporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
from the State of California, acting through its California Office of Emergency Services, to enhance
county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant
documents that are attached hereto as Attachments A (FY 15 CA Supplement to the Federal Notice of
Funding Opportunity), B (FY 15 Homeland Security Grant Program Notice of Funding Opportunity),
and C (FY 15 Homeland Security Grant Assurances) and incorporated herein by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
specified in Attachment D hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
after acquisition by COUNTY as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said
grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE
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to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
services acquired with grant funds only for those purposes permitted under the terms of the grant, and
shall make it available for mutual aid response.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
equipment as are necessary, in order to keep said equipment in continually good working order. Such
maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
material and labor costs for any maintenance and repair of the said equipment throughout the life of the
said equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
technologies and/or services.
6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded
equipment only in accordance with the instructions of COUNTY.
7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their
elected and appointed officials, officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials or supplies in connection with
SUBGRANTEE's use of grant -funded equipment, technology or services and SUBGRANTEE's
performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims
and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by
SUBGRANTEE in SUBGRANTEE's use of grant -funded equipment, technology or services and
SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound I
by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
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MC
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
Attachments A, B and C hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
hereunder.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
12. For a period of three years after final payment hereunder or until all claims related to this
Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
from which COUNTY received grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
usual working hours.
13. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
14. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including Attachments A, B and C hereto, at the time and in the manner herein
provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may
proceed with the work in any manner deemed proper by COUNTY.
CFDA: 97.067
Homeland Security Grant Program
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED:
APPROVED AS TO FORM:
COUNTY COUNSEL
Wendy Phillips
DATED: , 201_
DATED:
201_ COUNTY OF ORANGE, a political
subdivision of the State of California
ATTEST:
By
City Clerk
DATED:. �� '2016
6
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
Sheriff -Coroner
"COUNTY"
SUBGRANTEE
By:
IN
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i*X uat OES
43F EMERGENCY seRvaCEs
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the
legal authority to apply for Federal assistance and the institutional, managerial and financial capability
(including funds sufficient to pay any non -Federal share of project cost) to ensure proper planning,
management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal
grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in
updates issued by the Office of Management and Budget (OMB) on http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents
listed above) are called out below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board or authorized
body in support of this project. This written authorization must specify that the Applicant and the city
council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be
appropriated as required.
(b) That any liability arising out of the performance of this agreement shall be the responsibility
of the Applicant and the city council, governing board or authorized body.
(c) That grant funds shall not be used to supplant expenditures controlled by the city council,
governing board or authorized body.
(d) That the official executing this agreement is, in fact, authorized to do so.
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This Proof of Authority must be maintained on file and readily available upon demand.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of
performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a
contract, grant, loan or cooperative agreement from an agency or requests or receives from an
agency a commitment providing for the United States to insure or guarantee a loan, the Applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-
7328) which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation or policy without the express
written approval from the California Governor's Office of Emergency Services (Cal OES) or the
Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2
CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste,
fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings
with the Federal government. The Applicant certifies that it and its principals:
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(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transaction (Federal, State, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all Federal statutes relating to non-discrimination. These include, but
are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et.
seq.) which prohibits discrimination on the basis of race, color or national origin and requires
that recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42
U.S.C. 12101, et seq.);
(e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age;
(f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92-255), as amended (P.L. 96-181),
relating to nondiscrimination on the basis of Treatment or recovery from drug abuse;
(g) 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;
(h) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and
290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(i) 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;
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(j) EO 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over $10,000 in Government business in one year
from discriminating in employment decisions on the basis of race, color, religion, sex, or
national origin;
(k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both
the United States federal workforce and on the part of government contractors;
(1) California Public Contract Code §10295.3, which addresses discrimination based on
domestic partnerships;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the
application.
In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair
Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in
employment because of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical
condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave
(California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting
illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant
certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with State and Federal environmental standards which may be prescribed
pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§21000-
21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§15000-
15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic
structure for regulating discharges of pollutants into the waters of the United States and
regulating quality standards for surface waters.
(d) ' Institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on the Environmental Justice
Act (EO 12898) and Environmental Quality (EO 11514);
(e) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO
11738;
(f) Protection of wetlands pursuant to EO 11990;
g
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(g) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(h) Assurance of project consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.);
(i) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.);
(j) Protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523);
(k) Protection of endangered species under the Endangered Species Act of 1973, as amended
(P.L. 93-205);
(1) 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.
Finally, the Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist order
pursuant to §13301 of the California Water Code for violation of waste discharge requirements or
discharge prohibitions; or 3) finally determined to be in violation of federal law relating to air or water
pollution.
8. Audits
For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will
cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller
General of the United States and, if appropriate, the State, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the award.
The Applicant will require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or
subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability
and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of
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subawards obligating $25,000 or more in federal funds and (b) executive compensation data for
first-tier subawards. This includes the provisions of FFATA, which includes requirements on
executive compensation, and also requirements implementing the Act for the non -Federal entity at
2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration
and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.
The Applicant also must comply with statutory requirements for whistleblower protections at 10
U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C.
§6101 et seq.
13. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award
recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the
period of time that the award is in effect (2) Procuring a commercial sex act during the period of
time that the award is in effect or (3) Using forced labor in the performance of the award or
subawards under the award.
14. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), as
applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally -assisted construction contracts or subcontracts.
(b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
15. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured against
liability for Worker's Compensation before commencing performance of the work of this Agreement,
as per California Labor Code §3700.
16. Property -Related
If applicable to the type of project funded by this Federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of
Federal or federally -assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchase.
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard
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area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §469a-1 et seq.).
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR
Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
17. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the awarding
agency. Will record the Federal awarding agency directives and will include a covenant in
the title of real property acquired in whole or in part with Federal assistance funds to assure
nondiscrimination during the useful life of the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the complete work conforms with the approved plans and specifications
and will furnish progressive reports and such other information as may be required by the
assistance awarding agency or State.
18. Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities which is
under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The
Applicant should also consult its own State and local laws and regulations regarding the release of
information, which should be considered when reporting sensitive matters in the grant application,
needs assessment and strategic planning process.
19. California Public Records Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities may be
subject to the California Public Records Act (California Government Code §§6250-6276.48), which
requires inspection and/or disclosure of governmental records to the public upon request, unless
exempted by law.
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HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES /
CERTIFICATIONS
20. Personally Identifiable Information
Subrecipients collecting Personally Identifiable Information (PII) must have a publically-available
policy that describes what PII they collect, how they plan to use the PII, whether they share PII with
third parties, and how individuals may have their PII corrected where appropriate.
21. Disposition of Equipment
When original or replacement equipment acquired under this award is no longer needed for the
original project or program or for other activities currently or previously supported by the
Department of Homeland Security/Federal Emergency Management Agency, subrecipients must
request instructions from Cal OES on proper disposition of equipment.
22. Reporting Accusations and Findings of Discrimination
If, during the past three years, the subrecipient has been accused of discrimination on the grounds
of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the subrecipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to Cal OES for reporting to the DHS
awarding office and the DHS Office of Civil Rights and Civil Liberties.
If 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 subrecipient, or the subrecipient settles a case or matter alleging such discrimination,
subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the
DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags
All subrecipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or
reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§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).
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25. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issues in
compliance with this Act.
26. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space funded in
whole or in part with Federal funds complies with Section 6 of the fire prevention and control
guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a.
27. Terrorist Financing E.O. 13224
All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and organizations
associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the
E.O. and laws.
28. USA Patriot Act of 2001
All subrecipients must 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.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all
federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees
that state financial assistance will be extended based on the representations made in this assurance.
This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to
comply with any of the above assurances may result in suspension, termination, or reduction of grant
funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and
available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may
result in suspension of payments under the grant or termination of the grant or both and the
subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the
following has occurred: (1) the recipient has made false certification, or (2) violates the certification by
failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all
subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts.
Homeland Security Grant Program - 2015 Grant Assurances Page 9 of 10
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The undersigned represents that he/she is authorized by th above named Applicant to enter into this
agreement for and on behalf of the said plic
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: 61t-lls--� (777^ i�O uG� Date:
Homeland Security Grant Program - 2015 Grant Assurances Page 10 of 10
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