HomeMy WebLinkAboutC-8075-1 - Agreement to Transfer Funds for 2014 Emergency Management Performance Grant Program1
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I Attachment B - Form of Transfer Agreement
AGREEMENT TO TRANSFER FUNDS
Page 1 of 4
FOR 2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this c;)-7 day of20 15-, 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
sut f t
1.. I --[ 4 C%!�j rb e tic°4 6 a municipal corporation, hereinafter referred to as
"SUB CIPIENT."
WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to
I as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and
I accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant") from',
I the California Office of Emergency Services ("CalOES").
WHEREAS, the purpose of the grant is to support comprehensive emergency management at
the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation,
response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY2014
Emergency Management Performance Grants [EMPG] Program Funding Opportunity Announcement
[FOA]), which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBRECiPIENT grant funds, in arrears, as necessary to
reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In
order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF
all required information and documentation, as set forth in Attachment B (EMPG City Financial
Management Forms Workbook), which is attached hereto and incorporated herein by reference.
2. Throughout their useful life, grant property and equipment shall be used by
SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto.
3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
CFDA: 97.042
Emergency Management Performance: Grant
Department or Hometand Security Page t of 4
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Attachment B - Form of Transfer Agreement
Page 2 of 4
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in the Attachment C (Emergency Management
Performance Grant Program: California Supplement to the Federal Program Funding Opportunity
I Announcement; or, The State Guidance), which is attached hereto and incorporated herein by reference.
6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (FY14
Emergency Management Performance Grant Agreement Articles, Assurances, Certifications, Terms,
and Conditions) hereto. SUBRECIPIENT shall notify COUNTY immediately upon discovery that it has
not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B,
C, or D hereto.
7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, 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, I'I
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBRECIPIENT's performance of this Agreement,'
including Attachments A, B, C, and D 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 SUBRECIPIENT in the
performance of this Agreement, including Attachments A, B, C, and D hereto.
8. 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.
9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
CFD.4: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 2 of 4
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Attachment B - Form of Transfer Agreement
Page 3 of 4
10. SUBRECIPIENT 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
I required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
11. For a period of three years after the final Federal Financial Report hereunder or until all
claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT 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, C, and D hereto. For the
same time period, SUBRECIPIENT shall make said documents, papers and records available to
COUNTY and the agency from which COUNTY received the grant funds or their duly authorized
representative(s), for examination, copying, or mechanical reproduction on or off the premises of
SUBRECIPIENT, upon request, during usual working hours.
12. SUBRECIPIENT,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 the final Federal
Financial Report hereunder.
13. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants
contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the
time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
tem7ination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in
the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
15. By signing this Agreement, SI.RECEIPIENT understands and agrees that:
a. Failure to follow grant ;guidance, including those detailed below, will result in
ineligibility for any reiti"ursement under the FY 14 EMPG:
CFDA: 97.042
Emergency Management Performance Grant
Deparllnent of Homeland Security
Page 3 of
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Attachment B - Form of Transfer Agreement
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b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
Managers Organization meetings held from July 1, 2014 through June 30, 2015;
c. SUBRECIPIENT must maintain National Incident Management System (NIMS)
compliance;
d. For any personnel whose salary is charged to the grant, that specific individual must
meet the training and exercise requirements set forth in the grant guidance; and
e. Only those expenditures specifically detailed in the Financial Managempnt Forms'.
Workbook are approved for funding; any changes must be pre -approved by the
California Office of Emergency Services.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: _ ri 20 h
By
,�tMt R®VED Hifi TO v 1°JRiC -
ii ttomey
DATED:
CFDA: 97A42
Emergency Management Performance Gram
Department of Homeland security
COUNTY OF ORANGE, a political
subdivision of the State of California
fuz-, CL
Sheriff -Co ner
"COUN
APPROVED AS TO FORM:
COUNTY COUNSEL
By L'005" a_ XGw.'
Nicole A. Sims, Deputy / /
DATED: 2 ,201—
,20__ SUBRECIPIENT:
REVIEWED & APPROVED
Scott Poster, Fire CNet
w
17F.ST:
f
t y Clerk
Page 4 of 4
DATED:UA i't) 20kj�
FY14 Emergency Management Performance Grant
Agreement Articles, Assurances, Certifications, Terms, and Conditions
FEDERAL AGREEMENT ARTICLES
Article I - Administrative Requirements
The administrative requirements that apply to most DHS award recipients through a grant or cooperative
agreement arise from two sources:
1) 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"), found
under 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.
2) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215.
The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-
110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and
conditions of the award.
The four costs principles that apply to DHS award recipients through a grant or cooperative agreement originate
from the following sources:
- 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.
- OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations; origination of audit
requirements for State, Local and Tribal recipients of DHS awards.
All recipients of financial assistance must acknowledge and agree -and require any subrecipients, contractors,
successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing
DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS.
2. Recipients must give DHS 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 DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipient 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 recipient
must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement
agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties.
6. 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
recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of
the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
Initials
Article III - Lobbying Prohibitions
None of the funds provided under an 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. These lobbying prohibitions can be found
at 31 U.S.C. § 1352.
Article IV - Acknowledgement of Federal Funding from DHS
All recipients of financial assistance must comply with requirements to acknowledge Federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with Federal funds.
Article V - Copyright
All recipients of financial assistance will comply with requirements that publications or other exercise of copyright
for any work first produced under Federal financial assistance awards hereto related 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). For any scientific, technical, or other copyright
work based on or containing data first produced under this award, including those works published in academic,
technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a
royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or
prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works.
The recipient 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 an award.
Article VI - Use of DHS Seal. Logo and Flags
All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal,
logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Article VTI - Activities Conducted Abroad
All recipients of financial assistance will comply with the requirements, and must ensure, that project activities
carried on outside the United States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
Article V1I1- Fly America Act of 1974
All recipients of financial assistance must comply with the requirements of the Preference for U.S. Flag Air
Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag
air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people
and property to the extent that such service is available, in accordance with the International Air Transportation
Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision
B138942.
Article IX - GPD - Drug Free Workplace Regulations
All recipients of financial assistance must comply with the requirements of the Drug -Free Workplace Act of 1988
(412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is
convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for
debarment. These regulations are codified at 2 CFR 3001.
Initials
All recipients of financial assistance must comply with the requirements of the government -wide award term
which implements Section 106(8) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance,
Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, each
agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended,
requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the
recipient or a subrecipient - (a) Engages in severe forms of trafficking in persons during the period of time that the
award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c)
Uses forced labor in the performance of the award or sub -awards under the award. Full text of the award term is
provided at 2 CFR § 175.15.
Article XI — Title VI of the Civil Rights Act of 1964
All recipients of financial assistance must comply with the requirements of Title VI of the Civil Rights Act of I964
(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.
Article XII - Civil Right Act of 1968
All recipients of financial assistance must comply with Title VIII of the Civil Rights Act of 1968, which prohibits
recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (42 U.S.C. §3601 et seq.), as implemented by the Department of Housing and Urban Ddvelopment at 24 CFR
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with
four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in
buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with
certain accessible features (see 24 CFR § 100.201).
Article XIII - Americans with Disabilities Act of 1990
All recipients of financial assistance must comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, 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. §§12101-12213).
Article XIV -Age Discrimination Act of 1975
All recipients of financial assistance must comply with the requirements of the Age Discrimination Act of 1975
(42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving
Federal financial assistance.
All recipients of financial assistance must comply with the requirements of Title IX of the Education Amendments
of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44
CFR Part 19.
Article XVI - Rehabilitation Act of 1973
Initials
All recipients of financial assistance must comply with the requirements of Section 504 of the Rehabilitation Act
of 1973, 29 U.S.C. §794, as amended, which provides that no otherwise qualified handicapped individual in the
United States will, solely by reason of the handicap, 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.
Article XVII - Limited English Proficiency (Civil Rights Act of 1964, Title VI
All recipients must comply with the Civil Right Act of 1964 (Title VI), prohibition against discrimination on the
basis of national origin, which requires that recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language assistance services, including
oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged
to consider the need for language services for LEP persons served or encountered both in developing budgets and
in conducting programs and activities. Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published the required
recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg.
21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine
the extent of its obligation to provide language services; selecting language services; and elements of an effective
plan on language assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance hu ,k ww .dhs_
Aid,_- _.. (-;i, c,_. , L uplc-h and additional resources on
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Article XVIII - Animal Welfare Act of 1966
All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7
U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate
animals bred for commercial sale, used in research, transported commercially, or exhibited to the public.
Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the
Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and
Government Principles Regarding the Care and Use of Animals.
All recipients of financial assistance will 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 quality 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.
Article XX- Protection of Human Subiects
All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part
46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for
purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04,
Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part
46, research means a systematic investigation, including research, development, testing, and evaluation, designed
to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes
of this policy, whether or not they are conducted or supported under a program that is considered research for other
purposes. The regulations specify additional protections for research involving human fetuses, pregnant women,
and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is
governed by applicable State and local law and is not directly regulated by 45 CFR Part 46.
Initials
All recipients of financial assistance 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.
Article XXII - National Flood Insurance Act of 1968
All recipients of financial assistance will comply with the requirements of Section I306(c) of the National Flood
Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for
demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body
of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse
or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 63.
Article XXIII - Flood Disaster Protection Act of 1973
All recipients of financial assistance will comply with the requirements of 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.
All recipients of financial assistance 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.
Article XXV - USA Patriot Act of 2001
All recipients of financial assistance 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. 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 materials. 'Restricted persons," as defined by the act, may not possess, ship, transport, or
receive any biological agent or toxin that is listed as a select agent.
^cucte �%A v a — ueat rracttces tur %_onectton ana use or rersonany iriennrtaDle Intormatlon tr111
All recipients of financial assistance who collect PH are required to have a publically-available privacy policy that
describes what PII they collect, how they use the PII, whether they share PII with third parties, and how
individuals may have their PII corrected where appropriate. Useful resources are the DHS Privacy Impact
Initials
Assessments: tepp_ swu.clhs.enl tlibrar% xNsets ri%ac%.pmacvpia Luid.mceJunc20l0.Pd1,and
htw ullm_dits-,o% elibrar� assetsprkar� pritacvsia tcinplate.pdt:
Article XXVII — Duplication of Benefits
State, Local, and Tribal Recipients must comply with 2 CFR 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.
Article XXVIII — False Claims Act and Proaram Fraud Civil Remedies
All recipients of financial assistance must comply with the requirements of 31 U.S.0 §3729 which set forth that no
recipient of Federal payments shall submit a false claim for payment. See also 38 U.S.0 §3801-3812 which details
the administrative remedies for false claims and statements made.
Article XXIX — Federal Debt Status
All recipients of financial assistance are required to be non -delinquent in their repayment of any Federal debt
Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit
overpayments. See OMB Circular A-129 and form SF -424B, item number 17 for additional information and
guidance.
Article XXX — Hotel and Motel Fire Safetv Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. §2225(a), all recipients
must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal
funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of
1974,15 U.S.C. §2225.
Article XXXI — Non -supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources.
Where Federal statues for a particular program prohibits supplanting, applicants or award recipients maybe
required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the
receipt of expected receipt of Federal funds.
Article XXXII — Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
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All recipients of financial assistance proposing projects that have the potential to impact the environment,
including but not limited to construction of communication towers, modification or renovation of existing
buildings, structures and facilities, or new construction including replacement of facilities must participate in the
FEMA EHP review process. The EHP review process involves the submission of a detailed project description that
explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may
determine whether the proposed project has the potential to impact environmental resources and/or historic
properties. The EHP review process must be completed before funds are released to cavy out the proposed project.
EHP Policy Guidance can be found in FP 108-023-01, Environmental Planning and Historic Preservation Policy
Guidance, atllttL_L%u wXcm_tuus:mcdia_libran assct,.dok:unwrii X>376.
Article XXXIV — SAFECOM
Initials
All recipients who receive awards made under programs that provide emergency communication equipment and its
related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications. All recipients investing
in broadband -related investments should review Information Bulletin (IB) 386: Clarification on Use of
DHSIFEMA Public Safety Grant Funds for Broadband -Related Expenditures and Investments before developing
applications.
The SAFECOM Guidance on Emergency Communication Grants can be found at: I Y 2014 S:1Ft iuidantC
ASSURANCES
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements. See Article I above. The applicant also specifically assures and certifies that it:
Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial
capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning,
management, and completion of the project described in this application.
2. 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 assistance or award; and will establish a proper accounting system in accordance
with generally accepted accounting standards or agency directives. See Article II above.
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.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§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 Office of Personnel Management's (OPM) Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits 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 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) 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. 92-2S5), 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; (h) Title VIII of the Civil Right Act of 1968 (42 U.S.C. §§3601 et seq.), as amended,
relating to nondiscrimination in the sate, rental, or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the
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requirements of any other nondiscrimination statute(s) which may apply to the application. See Articles XI,
XII, XIII, XIV, XV, XVI, and XVII.
Will comply, or has already complied, 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 andior federally -
assisted programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
8. Will comply, as applicable, with the 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.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 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 U.S.C. §§327-333), regarding labor standards for federally -assisted construction subagreements.
10. Will comply, if applicable, with 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 $10,000 or more; and the National Flood Insurance Act of 1968. See Articles XXII and XXIII.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution
of environmental quality control measures under National Environmental Protection Act (NEPA) of 1969
(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738;
(c) protection of wetlands pursuant to EO 11990; (d) evaluation flood hazards in floodplain in accordance
with EO 11988; (e) 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.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955,
as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under
the Endangered Species Act of 1973, as amended, (P.L. 93-205). See Articles XIX, XXI, and XXIV.
12. Will comply with the 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.
13. Will 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 -I et seq.).
All proposed construction and renovation activities must undergo an Environmental Planning and Historic
Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action
related to the project. Any applicant that is proposing a construction project should pay special attention to
the EHP requirements. See Article XXXIII
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance. See Article XX.
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15. Will comply with the Laboratory Animal welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this award of assistance. See Article XVIII.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4802 et seq.) which prohibits
the use of lead-based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1996 or OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program. This includes all requirements, restrictions and regulations identified in the
California Governor's Office of Emergency Services (Cal OES) Fiscal Year 2014 Emergency Management
Performance Grants (EMPG) Program - California Supplement to the Federal Program Funding Opportunity
Announcement; or, The State Guidance.
19. Will comply with the requirements of Section 106(8) of the Trafficking Victims Protection Act (TVPA) of
2000,.as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient 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. See Article X.
20. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents.
The adoption of the NIMS is a requirement to receive Federal preparedness assistance, through grants,
contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, tribal nations, nongovernmental organizations, and private sector partners to work together to
prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause,
size, location, or complexity.
21. Will 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
interest in the title of real property in accordance with 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 non-
discrimination during the useful life of the project.
22. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
23. Will 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 progress reports
and such other information as may be required by the assistance awarding agency or State.
24. Will comply with Public Law (PL) 109-282 (Federal Funding Accountability and Transparency Act of 2006),
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110-252), which
is outlined in FEMA GPD Information Bulletin NO. 350. If the subgrantee in the preceding year did not get
80% or more of its annual gross revenues from Federal Awards, and $25M or more in annual gross revenues
from Federal Awards, and the public does have access to information about the compensation of the senior
executives of the entity, then the subgrantee is not subject to the FFATA Financial Disclosure requirements.
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25. Will comply with the following: (a) All recipients of financial assistance must acknowledge and agree --and
require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree—to
comply with applicable provisions governing Cal OES access to records, accounts, documents, information,
facilities, and stall'; (b) Recipients must cooperate with any site visit, compliance/monitoring review or
complaint investigation conducted by Cal OES; (c) Recipients must give Cal OES access to and the right to
examine and copy records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be necessary, as required
by Cal OES regulations and other applicable laws or program guidance; (d) Recipients must submit timely,
complete, and accurate reports to the appropriate Cal OES officials and maintain appropriate backup
documentation to support the reports; and (e) Recipients must comply with all other special reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in the program guidance,
26. Will comply with the EMPG-Funded Personnel Training and Exercise Requirement. All recipients of
financial assistance must acknowledge and agree --and require any subrecipients, to acknowledge and
agree—to comply with the EMPG-funded personnel training and exercise requirement, as detailed in both the
Federal and State program guidance. Failure to comply with this requirement, by individuals whose salary is
funded in part or whole with EMPG, may result in the incurred salary costs associated with the non-
compliant EMPG-funded personnel from being eligible for reimbursement and/or result in the recipient's
repayment of already disbursed grant funding associated with the non-compliant EMPG-funded personnel's
salary -related costs.
CERTIFICATIONS
1. CERTIFICATION FOR CONTRACTS GRANTS LOANS AND COOPERATIVE AGREEMENTS:
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) 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. See Article III.
(2) 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 of Lobbying Activities," in accordance with its instructions.
(3) 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. 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.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
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If any 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 commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions. Submission of this statement 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 statement shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENTY
As required by Executive Orders 12549 and 12589, Debarment and Suspension, and implemented at 44 CFR,
Part 17 (See Article XXXII):
A. The applicant certifies that it and its principals:
(1) 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;
(2) 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;
(3) 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 (A)(2) of this
certification; and
(4) 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
B. 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.
3. CERTIFICATIONS REGARDING DRUG-FREE WORKPLACE REQUIREMENTS• This certification
commits the applicant to compliance with the certification requirements under 44 CFR, Part 17 Government -
wide Requirements for Drug -Free Rbrkplace (Grants). See Article IX.
A. The grantee 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 ongoing drug-free awareness program to inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
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(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(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 of employment
under the grant, the employee will—
(1) Abide by the terms of the statement; and
(2) 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 ten 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 every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
(� 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—
(1) Taking appropriate personnel action against such an employee, up to and including tennination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a 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).
4. SWEATFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms
of child labor or exploitation of children in sweatshop labor. The applicant further declares under penalty of
perjury that they adhere to the Sweatfree (ode of Conduct as set forth on the California Department of
Industrial Relations website located at www" dirsa.gw., and Public Contract Code Section 6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records, documents,
agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance
with the requirements under paragraph (a).
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5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits which
have otherwise been provided to all employees regardless of marital or domestic partner status.
TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subgrantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Public Contract Code §10410).-
1)
10410):1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the contract while employed in any
capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency in a
policy-making position in the same general subject area as the proposed contract within the 12 -month period
prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement
void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per
diem. (Pub. Contract Code § 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which require
every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions, and applicant affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the 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 the ADA. (42 U.S.C. 12101 et seq.)
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4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or
an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code
for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIVERSAL IDENTIFIER REQUIREMENTS:
A. Requirement for System for Award Management (SAM)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this
award or receive the final payment, whichever is later. This requires that applicants and recipients review
and update the information at least annually after the initial registration, and more frequently if required by
changes in your information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If recipients are authorized to make subawards under this award, they:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions
For purposes of this award term:
1. System for Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
1,�:, ).
2. 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 hu
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR §25.320,
subpart C:
a. A Governmental organization, which is a State, Local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal
entity.
4. Subaward, as defined in 2 CFR §170.325:
a. This term 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.
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b. The term 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 Government, and Non -Profit Organizations').
c. A subaward may be provided through any legal agreement, including an agreement that you
consider a contract.
5. Subrecipient, as defined in 2 CFR §25.360, means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
8. FINANCIAL GUIDELINES: The recipient and any subrecipient shall comply with the most recent version of
the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations
commonly applicable to FEMA grants are listed below:
A. Administrative Requirements
1, 44 CFR 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A -I 10)
3. 44 CFR part 10, Environmental Considerations
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-
87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations
9. PROHIBITION ON USING FEDERAL FUNDS: The recipient understands and agrees that it cannot use any
Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any Ievel of government, without the express prior written approval of FEMA.
10. COMPLIANCE WITH PROGRAM GUIDANCE: The recipient agrees that all allocations and use of funds
under this grant will be in accordance with the Program guidance and application kit.
11. CLASSIFIED SECURITY CONDITION:
A. 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.
B. 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.
C. Where an award recipient 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.
D. 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,
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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: httpti « dhs.eo%r,rsni� . _ _ '._ him
E. 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 IS PB, or the applicable Federal department or agency, for approval and processing
instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email:: -i J, - go%
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
12. REPORTING SUBAWARD AND EXECUTIVE COMPENSATION:
A. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must
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,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph E. of this award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph A.1. of this award term to
-1,. .
b.For subaward information, report no later than the end of the month following the month
in which the obligation was made. (For example, if the obligation was made on November
7, 2012, the obligation must be reported by no later than December 31, 2012.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at I. i F, specify.
B. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if -
a. The total Federal funding authorized to date under this award is $25,000 or more;
b.in the preceding fiscal year, you received -
i. 80 percent or more of your annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
c.The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986. (To determine if the public has access to the compensation information, see the
U.S. Security and Exchange Commission total compensation filings at
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2. Where and when to report. You must report executive total compensation described in paragraph
B.1. of this award term:
a.As part of your registration profile at lug v_. _
b.By the end of the month following the month in which this award is made, and annually
thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph D. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year if-
a. in the subrecipient's preceding fiscal year, the subrecipient received-
i. 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR 170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR 170.320 (and subawards); and
b.The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15 (d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986. (To determine if the public has access to the compensation information, see the
U.S. Security and Exchange Commission total compensation filings at
1'`_�
2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph C.1. of the award term:
a. To the recipient.
b.By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
D. Exemptions.
1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are
exempt from the requirements to report:
a.Subaward, and
b.The total compensation of the five most highly compensated executives of any subrecipient.
E. Definitions. For purposes of the award terms:
1. Entity means all of the following, as defined in CFR §25.320:
a.A Governmental organization, which is a State, Local government, or Indian Ttrtbe;
b.A foreign public entity;
c.A domestic or foreign nonprofit organization;
d.A domestic or foreign for-profit organization;
e.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal
entity
2. Executive means officers, managing partners, or any other employees in management positions, as
defined int CFR § 170.315.
3. Subaward, as defined in 2 CRF § I70.325:
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a.This tern 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.
b.The term 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").
c. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient, as defined in 2 CFR §25.360 means an entity that:
a. Receives a subaward from you (the recipient) under this award;
b. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation, as defined in 2 CFR §170.330 means the cash and noncash dollar value earned
by the executive during the recipient's or subrecipient's preceding fiscal year and includes the
following (for more information see 17 CFR 229.402(c)(2)):
a. Salary or bonus.
b.Awards of stock, stock options, and stock appreciation rights. Use the dol tar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
c. Earnings for services under non -equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
d. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
e. Above -market earnings on deferred compensation which is not tax -qualified.
f Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the applicant has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.
Jurisdiction (Printed)
By (Authori: ed Signature)
Printed Name and Title of Person Signing
AMEWED A APPROVED
Scott poster, Frre chief
Date Executed
DEC 19 2014
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