HomeMy WebLinkAboutCC Resolution 13865 (Homeland Security Grant Funds MOU)RESOLUTION NO. 13865
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CHIEF OF POLICE OR HER DESIGNEE TO EXECUTE AN
MOU WITH THE COUNTY OF MARIN ACCEPTING STATE HOMELAND
SECURITY GRANT FUNDS IN THE AMOUNT OF $25,000.00, AND THE USE
OF THOSE FUNDS TOWARD THE PURCHASE OF A MOBILE AUTOMATED
LICENSE PLATE READER SYSTEM
Whereas, the police department has determined that the use of a Mobile
Automated License Plate Reader System will provide necessary technology to
prevent and solve crime; and
Whereas, in June 2014, the Police Department provided a grant proposal to the
Marin County Office of Emergency Services to use grant funds toward the
purchase of a Mobile Automated License Plate Reader system; and
Whereas, the Police Department was awarded $25,000.00 of State Homeland
Security grant funds to use toward the purchase of a Mobile Automated License
Plate Reader System; and
Whereas, the Police Department has received a quote from Vigilant Solutions for
a Mobile Automated License Plate Reader System at a cost that will not exceed
$38,000.00; and
Whereas, staff has identified resources appropriated in the fiscal year 2014-
2015 general fund budget to fund the additional $13,000.00 to complete this
purchase; and
Whereas, the City Council finds that because Vigilant Solutions is the only
company which sells a Mobile Automated License Plate Reader System in the
form of a speed feedback trailer, competitive bidding should be waived for this
purchase pursuant to San Rafael Municipal Code Section 2.55.070.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby waives
bidding, authorizes the Chief of Police or her designee to execute a
Memorandum of Understanding (MOU) with the County of Marin to accept
$25,000.00 of State Homeland Security Grant Funds; and approves the
expenditure of those funds and $13,000.00 of 2014-2015 general budget funds
toward the purchase of a Mobile Automated License Plate Reader System from
Vigilant Solutions, for a cost totaling no more than $38,000.00.
I, Esther Beime, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael City Council held on January 20, 2015 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, City Clerk
MARIN COUNTY SHERIFF
OFFICE OF EMERGENCY SERVICES
1600 Los Gamos Drive, #200, San Rafael, CA 94903
(415) 473-6584 (415) 473 -7450 -Fax
oarants@rnarinsheriif.orq
www.MarinEmeraencv.lnfo
State Homeland Security Grant Programs 2014 Memorandum of Agreement
Funding for Equipment, Planning, Training and Exercises
CFDA # 97.067
Grant Award #2014-00093 Cal EMA # 041-00000
THIS AGREEMENT (AGREEMENT) is entered into by and between Marin County Sheriffs
Office of Emergency Services ("COUNTY") and the San Rafael Police Department ("SUB -
RECIPIENT").
COUNTY and SUB -RECIPIENT have entered into this AGREEMENT with reference to the
following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing
funding through federal grants from the Department of Homeland Security to
enhance the capabilities of state and local first responders and non-governmental
agencies (NGOs) by allowing the purchase of advanced types of equipment, as
well as addressing other critical homeland security needs, including planning,
training and exercise related costs. SUB -RECIPIENT shal I complete
"Authorized Expenditures" with the grant funding.
B. "Authorized Expenditures" shall mean expenditures for those purposes
identified and budgeted in Appendix A, attached hereto and incorporated by
reference as though fully set forth herein.
C. For reimbursement, SUB -RECIPIENT shall submit a document
("Reimbursement Request") substantially in the form attached as Appendix B,
attached hereto and incorporated by reference as though fully set forth herein.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and
correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to Fiscal Year (FY) 2014 State Homeland Security Grant
Program, funded through the COUNTY to the SUB -RECIPIENT.
II. Amendments or modifications to the terms of this AGREEMENT must be made in
writing, and approved by all parties hereto, in order to maintain compliance with
changes pursuant to federal or state laws, regulations, or policies affecting pertinent
regulations or funding.
III. The SUB -RECIPIENT certifies that it:
1. Will assure that grant funds will support efforts related to providing an integrated mechanism
to enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies.
2. Has the legal authority to apply for Federal assistance and has the institutional, managerial
and financial capability to ensure proper planning, management and completion of the grant
provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), the State of California, California Emergency Management
Agency (Cal EMA), and sub -granted through the COUNTY.
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will
not be transferred between grant programs (for example: State Homeland Security Program,
Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response
System) or fiscal years.
4. Will comply with any cost sharing commitments included in the FY2014 Investment
Justifications submitted to the COUNTY and DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General
of the United States, the State of California, the Office of Inspector General, and the COUNTY
through any authorized representative, access to, and the right to examine, all paper or
electronic records, books, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards and/or awarding
agency directives.
6. Agrees that funds utilized to establish or enhance State and Local fission centers must support
the development of a statewide fusion process that corresponds with the Global
Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the
Federal and State approved privacy policies, and achieve (at a minimum) baseline level of
capability as defined by the Fusion Capability Planning Tool.
7. Will provide progress reports, and other such information as may be required by the
COUNTY.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from the COUNTY.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHS/FEMA's codified regulation 44 CFR, Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
11. Will comply with all provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR),
Contracts with Commercial Organizations.
12. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes, or presents the appearance of, personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family,
business, or other ties.
13. Understands and agrees that Federal funds will not be used, directly or indirectly, to support
the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from the COUNTY.
14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority-
owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
15. Will notify the COUNTY of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
§§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
structures.
17. Will comply with all Federal and State Statues relating to Civil Rights and
Nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which 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 gender.
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. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records.
h. Title VM of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the grounds or
race, color, religion, national origin, gender, or disability against a recipient of funds,
the recipient will forward a copy of the finding to the Office of Civil Rights, Office of
Justice Programs and the COUNTY.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department
of Justice Office of Civil Rights and the COUNTY within 60 days of grant award.
M. Will comply, and assure the compliance of all its subgrantees and contractors, with
the nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
18. Will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance
and Deal Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646])
which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or Federally assisted programs. These requirements apply to all
interested in real property acquired for project purposes regardless of Federal participation in
purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and
Real Property Acquisition for Federal and Federally -assisted programs.
19. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more.
20. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the ERP review, any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10,
Environmental Considerations.
22. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of the COUNTY, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, any structure over 50 years old, and purchase and/or use of any sonar
equipment. The SUB -RECIPIENT must comply with all conditions and restrictions placed on
the project as a result of the EHP review. Any construction -related activities initiated without
the necessary EHP review and approval will result in a noncompliance finding, and may not be
eligible for reimbursement with DHS/FEMA/Cal EMA/COUNTY funding. Any change to
the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing
activities occur during the project implementation, the SUB -RECIPIENT must ensure
monitoring of the disturbance. If any potential archeological resources are discovered, the SUB-
RECIPIENT will immediately cease activity in that area and notify DHS/FEMA/Cal
EMA/COUNTY and the appropriate State Historic Preservation Office.
23. Any construction activities that have been initiated prior to the full environmental and
historic preservation review could result in non-compliance finding, grantees must complete the
FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it,
with all supporting documentation, to the GPD EHP team at GPDEHPinfo@fema.dhs.gov for
review.
24. Grantees should submit the FEMA EHP Screening Foram for each project as soon as
possible upon receiving their grant award. The Screening From for these types of projects is
available at:
www.fema.gov/doc/goverranent/grantfbuiletins/info329—final screening_memo.doc
25, Will ensure that the facilities under its ownership, Icase or supervision, which shall be
utilized in the accomplishment of this project, are not on the Environmental Protection
Agency's (EPAs) List of Violating Facilities, and will notify the COUNTY, Cal EMA and the
Federal Grantor agency of the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating if a facility to be used in the project is under
consideration for listing by the EPA.
26. Will provide any information requested by DHS/FEMA/Cal EMA/COUNTY to ensure
compliance with applicable laws, including the following:
a. Institution of environmental quality control measures under the Archaeological and
Historic Preservation Act, Endangered Species Act, and Executive Orders on
Floodplain (11988), and Environmental Justice (EO12898) and Environmental Quality
(EOl 1514).
b. Notification of violating facilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et
seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93-523).
f. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
27. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division I of
Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
28. Agrees that all publications created or published with funding under this grant shall
prominently contain the following statement: "This document was prepared under a grant from
FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or
opinions expressed in this document are those of the authors and do not necessarily represent
the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department
of Homeland Security." The recipient also agrees that, when practicable, any equipment
purchased with grant funding shall be prominently marked as follows: "Purchased with funds
provided by the U.S. Department of Homeland Security."
29. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: a) the copyright in any work developed under an award or sub -award;
and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with
Federal support.
30. The SUB -RECIPIENT agrees to consult with DHS/FEMA/Cal EMA/COUNTY regarding
the allocation of any patent rights that arise from, or are purchased with, this funding and has
requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt
of Federal financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Property/equipment purchased under the HSGP reverts to Cal EMA if the grant funds
are de-obligated/disallowed and/or not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid
following deobligation/disallowment of costs or Cal EMA reserves the right to place a
lien on the property for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per Federal Fiscal Year.
31. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
32. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-
7328)
3247328) which limit the political activities of employees whose principal employment activities
are funded in whole or in part with Federal funds.
33. Will comply, if applicable, 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.
34. Will comply with the minimum wage and maximum hour provisions of the Federal Fair
Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
education, hospitals, and other non-profit organizations.
35. Agrees that "Classified national security information," as defined in Executive Order (EO)
12958, as amended, means information that has been determined pursuant to EO 12958 or any
predecessor order to require protection against unauthorized disclosure and is marked to
indicate its classified status when in documentary form. 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.
36. Agrees that 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. Such contracts, subawards, or other agreements shall be processed and
administered in accordance with the DHS "Standard Operating Procedures, Classified
Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other
applicable implementing directives or instructions. All security requirement documents are
located at: http://www.dhs.gov/xopnbiz/grants/index.shtm
37. Immediately upon determination by the award recipient that funding under this award will
be used to support such a contract, subaward, or other agreement, and prior to execution of any
actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award
recipient shall contact ISPB, or the applicable Federal department or agency, for approval and
processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrafiveSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
38. Agrees with the requirements regarding Data Universal Numbering System (DUNS)
Numbers, meaning if recipients are authorized to make subawards under this award, they must
notify potential SUB -RECIPIENTS that no entity (see definition in paragraph C of this award
term) may receive or make a subaward to any entity unless the entity has provided its DUNS
number. For purposes of this award term, the following definitions will apply:
a. "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 http://fedgov.dnb.com/webform
b. "Entity", as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C, as a Governmental organization, which is a State, local
government, or Indian Tribe; or a foreign public entity; or a domestic or foreign
nonprofit organization; or a domestic or foreign for-profit organization; or a Federal
agency, but only as a sub recipient under an award or subaward to a non -Federal entity.
c. "Subaward" means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and that
you as the recipient award to an eligible subrecipient. It does not include your
procurement of property and services needed to carry out the project or program (for
further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of
States, Local Governments, and Non -Profit Organizations") and may be provided
through any legal agreement, including an agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this award;
and is accountable to you for the use of the Federal funds provided by the subaward.
39. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding
labor standards for Federally -assisted construction sub -agreements.
40. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or an employee of Congress, or employee of
a Member of Congress in connection with the Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that ail sub recipients 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.
41. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non Federal funds.
42. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
Rescue Mutual Aid Plan,
b. Is consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
43. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
44. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State,
Local and Indian Tribal Governments (OMB Circular A-137); Part 220 Cost Principles for
Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit
Organizations (OMB Circular A-122).
45. Wil! comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
46. Agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required
for the assessment or evaluation of any activities within this agreement.
47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost
Principles and Procedures, Contracts with Commercial Organizations.
48. Will comply with the financial and administrative requirements set forth in the current
edition of the DHS Financial Management Guide,
49. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY 2014 Homeland Security Grant Program Funding Opportunity Announcement, and the
California Supplement to the FY 2014 Homeland Security Grant Program Funding Opportunity
Announcement. All allocations and use of funds under this grant will be in accordance with the
Allocations, and use of grant funding must support the goals and objectives included in the
State and/or Urban Area Homeland Security Strategics as well as the investments identified in
the Investment Justifications which were submitted as part of the California FY2014 Homeland
Security Grant Program application. Further, use of FYI fiends is limited to those investments
included in the California FY 13 Investment Justifications submitted to DHS/FEMA/CaI
EMA/COUNTY and evaluated through the peer review process.
50. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension".
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44
CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property.
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 (I)(b) of this certification; and have not within a three-year
period preceding this application had one or more public transactions (Federal, State, or
IocaI) terminated for cause or default; and d. where the applicant is unable to cer* to
any of the statements in this certification, he or she shall attach an explanation to this
application,
5l. WilI comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
52. Will comply with the administrative requirements that apply to most DHS award recipients
through a grant or cooperative agreement arise .from two sources: - Office of Management and
Budget (OMB) Circular A-142, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (also known as the "A-102 Common
Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13,
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments." - 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-1 W (2 CFR §
215.27), DHS program Iegislation, Federal awarding agency regulations, and the terms and
conditions of the award. The four costs principles circulars are as follows: - 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.
53. Will acknowledge, 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.
a. Recipients must cooperate with any compliance review or complaint investigation
conducted by DHS and/or Cal EMAICOUNTY.
b. Recipients must give DHS/Cal EMA/COUNTY 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/Cal EMAICOUNTY regulations
and other applicable laws or program guidance.
c. Recipients must submit timely, complete, and accurate reports to the appropriate
DHS/Cal EMAICOUNTY officials and maintain appropriate backup docugientation to
support the reports.
d. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
e. 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/Cal EMA/COUNTY awarding office and the DHS Office of
Civil Rights and Civil Liberties.
f. 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.
54. Agrees that 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, cooperative agreement. These lobbying prohibitions can be found at 31
U.S.C. § 1352.
55. Will 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.
56. 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 shall 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 fust produced under an award.
57, Will obtain DHS's approval prior to using the DHS scal(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.
58. Will comply with the requirements 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.
59. Will 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 Gcneral of the United States
in the March 3I, I981, amendment to Comptroller General Decision B138942.
60. Will comply with the requirements of the Drug -Free Workplace Act of I988 (4I U.S.C. §
70I et seq.), which requires that a1l 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 arc codified at 2 CFR
3001.
6I. Will comply with the requirements of the government -wide award term which implements
Section 106(g) 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. 219, November I3, 2007.In
accordance with Section 106(8) of the TVPA, as amended, requires the agency to include a
condition that authorizes the agency to terminate the award, without penalty, if the recipient or
a subrecipient engages in severe forms of trafficking in persons during the period of time that
the award is in effect, procures a commercial sex act during the period of time that the award is
in effect; or uses forced labor in the performance of the award or subawards under the award.
Full text of theaward term is provided at 2 CFR § 175.15.
62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.), 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.
63. Will 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 Development 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).
64. Will 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).
65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. §
6101 et seg.), which prohibits discrimination on the basis of age in any program or activity
receiving Federal financial assistance.
66. Will 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 44 CFR Part 19.
67. Will comply with the requirements of Executive Order 13166, improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance, national
origin and resulting agency guidance, national origin discrimination includes discrimination on
the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients
must take reasonable steps to ensure that LEP persons have meaningful access to your
programs. Meaningful access may entail providing language assistance services, including oral
and written translation, where necessary. 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. For assistance and information regarding LEP obligations,
go to http://www.lep.gov.
68. 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 is considered research for other purposes.
69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the
requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to
implementing any work with human subjects. The regulations specify additional protections for
research involving human fetuses, pregnant women, and neonates (Subpart S); 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.
70. 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 aetion on the application.
71. Will comply with the requirements of Section 1306(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 eyclical levels. These regulations
are eodified at 44 CFR Part 63.
72, 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 FIood
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.
73. 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 Iaw, 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.
74. Will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act),
which amends 15 U.S.G. §§ 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.
75. Understands the reporting of subawards and executive compensation rules, including first
tier subawards to Cal EMA/COUNTY.
a. 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,
b. Where and when to report: you must report on each obligating action described in the
following paragraphs to Cal EMA/COUNTY. 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, 2011, the obligation must be
reported by no later than December 31, 2011.)
c. What to report: You must report the information about each obligating action that the
submission instructions posted in Information Bulletin 350, to Cal EMA/COUNTY. To
determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient
executive total compensation to Cal EMA/COUNTY by the end of the month following
the month during which you make the subaward. Exemptions include: If, in the previous
tax year, you had gross income, from all sources, under $300,000, you are exempt from
the requirements to report on subawards, and the total compensation of the five most
highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total
compensation for each of your five most highly compensated executives for the
preceding completed fiscal year, if
i. the total Federal funding authorized to date under this award is $25,000 or
more;
ii. in the preceding fiscal year, you received 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 $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
iii. 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 1956. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission
total compensation filings at http://www.see.gov/an.swers/execomphtm.)
iv. SUBREC]PIENT Executives. Unless you are exempt as provided above, for
each first-tier SUB -RECIPIENT under this award, you shall report the names
and total compensation of each of the SUB -RECIPIENT'S five most highly
compensated executives for the SUB -RECIPIENT'S preceding completed fiscal
year, if in the SUB-RECIPIENT's preceding fiscal year, the SUB -RECIPIENT
received 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 $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and 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.
76. Understands that failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into
this agreement for and on behalf of the said applicant.
Signature of Authorized Agent,.'- DS (.
Wtv
Printed Name of Authorized Agent: iA r ("f
Title: exh - C' Date:
WWRECIPIENT
The undersigned represents that he/she is authorized to enter into this agreement for and on
behalf of the SUB -RECIPIENT.
Name: Diana Bishop
Address: San Rafael Police Devartment. 1400 5th Ave- San Rafael. CA 94901
Title: Police Chief Date: 1 1Z 1
3 4w
Signature: '�-''`1
ALTERNATE
Name: ('9P-Oek'
Address: San Rafael Police Deaartment, 1400 5th Ave, Span Rafael, CA 94901
Title: Date: 1 "'
ALTERNATE
Signature: 1,
[61110100M
Name: Christopher Reilly
Address: OES. 1600 Los Gamos Drive Suite 200. San Rafael, CA 94943
Title: Etmreencv Services er Date:
Signature:
Authorized Agent for SHS
Appendix A — Authorized Expenditures and Timelines
Sub -Recipient:
SHSGP 2014
Program
Deliverable Amount
Project Title:
Description:
Dates: Not to Exceed:
Project E
Purchase ALPR
(1) 6/30/2015 $25,000
San Rafael
Trailer (1 unit)
(2)12/3112015
Police
AFL #
Department
13LE-00-SURV
Appendix B
"REIMBURSEMENT REQUEST"
SHSGP 2014
Project Title
The following is
an itemized list of
Authorized
Expenditures for
which
reimbursement is
requested:
Project E
San Rafael Police
Department
ALPR
Trailer (L unit)
AEL #
13LE-00-SURV
Not to Exceed:
$25,000
Vendor & Invoice
number
Amount Description
The following are attached as part of this Reimbursement Request:
(i) An invoice for each item of expenditure for which reimbursement is requested;
(ii) The front and the back of canceled checks or other written evidence documenting the
payment of each invoice;
(iii) For expenditures which are wages or salaries, payroll registers containing a detailed
breakdown of earnings and withholdings, together with both sides of canceled payroll checks
evidencing payment thereof or, if payment has been made electronically, proof of deposit to the
employee's account;
(iv) Serial numbers, photos of the equipment, and copies of the packing slips;
(v) Excluded Party List System print out showing no exclusions;
(vi) For sole source purchases, your agency's sole source purchasing policy.
Signature of Authorized Agent: 03
1 U
Printed Name of Authorized Agent: 1.4-
Title: ] e�- oc- POLL Cr Date: '
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL 1 AGENCY.
SRSA 1 SRCC AGENDA ITEM NO. 3, b
DATE OF MEETING: January20, 2015
FROM: LT. JIM CORREA
DEPARTMENT: SRPD
DATE: January 9, 2015
TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE POLICE CHIEF OR HER DESIGNEE TO EXECUTE AN MOU WITH THE COUNTY
OF MARIN ACCEPTING STATE HOMELAND SECURITY GRANT FUNDS IN THE AMOUNT OF
$25,000.00, AND THE USE OF THOSE FUNDS TOWARD THE PURCHASE OF A MOBILE AUTOMATED
LICENSE PLATE READER SYSTEM.
Department Head (signature)
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL 1 AGENCY
AGENDA ITEM:
City Manager (sig Lure)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
City Attorney (signature)
MARIN COUNTY SHERIFF
OFFICE OF EMERGENCY SERVICES
1600 Los Gamos Drlve, #200, San Rafael, CA 94903
(415) 473-65114 (415) 473 -7450 -Fc )c
_ oarants@madnsheri
_ .'ll
riH.ora
www.MarinEmergencv.lnfo
State Homeland Security Grant Programs 2014 Memorandum of Agreement
Funding for Equipment, Planning, Training and Exercises
CFDA # 97.067
Grant-Aw-ard-#201400093-Cal-EMA #-04,1-00000.
THIS AGREEMENT (AGREEMENT) is entered into by and between Marin County Sheriff s
Office of Emergency Services ("COUNTY") and the San Rafael Police Department ("SUB -
RECIPIENT").
COUNTY and SUB -RECIPIENT have entered into this AGREEMENT with reference to the
following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing
funding through federal grants from the Department of Homeland Security to
enhance the capabilities of state and local first responders and non-governmental
agencies (NGOs) by allowing the purchase of advanced types of equipment, as
well as addressing other critical homeland security needs, including planning,
training and exercise related costs. SUB -RECIPIENT shall complete
"Authorized Expenditures" with the grant funding.
B. "Authorized Expenditures" shall mean expenditures for those purposes
identified and budgeted in Appendix A, attached hereto and incorporated by
reference as though fully set forth herein.
C. For reimbursement, SUB -RECIPIENT shall submit a document
("Reimbursement Request") substantially in the form attached as Appendix B,
attached hereto and incorporated by reference as though fully set forth herein.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and
correct, it is mutually agreed between both parties:
This AGREEMENT applies to Fiscal Year (FY) 2014 State Homeland Security Grant
Program, funded through the COUNTY to the SUB -RECIPIENT.
Il. Amendments or modifications to the terms of this AGREEMENT must be made in
writing, and approved by all parties hereto, in order to maintain compliance with
changes pursuant to federal or state laws, regulations, or policies affecting pertinent
regulations or funding.
Ill. The SUB -RECIPIENT certifies that it:
1. Will assure that grant funds will support efforts related to providing an integrated mechanism
to enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies
-
2. Has the legal authority to apply for Federal assistance and has the institutional, managerial
and financial capability to ensure proper planning, management and completion of the grant
provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), the State of California, California Emergency Management
Agency (Cal EMA), and sub -granted through the COUNTY.
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will
-not -be-transftrred-betweerrgrant-programs-(for-example:-S tate-Homeland-Security-Program.;
Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response
System) or fiscal years.
4. Will comply with any cost sharing commitments included in the FY2014 Investment
Justifications submitted to the COUNTY and DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General
of the United States, the State of California, the Office of Inspector General, and the COUNTY
through any authorized representative, access to, and the right to examine, all paper or
electronic records, books, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards and/or awarding
agency directives.
6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support
the development of a statewide fusion process that corresponds with the Global
Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the
Federal and State approved privacy policies, and achieve (at a minimum) baseline Ievel of
capability as defined by the Fusion Capability Planning Tool.
7. Will provide progress reports, and other such information as may be required by the
COUNTY.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from the COUNTY.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHS/FEMA's codified regulation 44 CFR, Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
11. Will comply with all provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR),
Contracts with Commercial Organizations.
12. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes. or presents the agpearance�f, rsona] or alganiz�iiQn�l cnnflirtDD terest,ja
personal gain for themselves or others, particularly those with whom they have family,
business, or other ties.
13. Understands and agrees that Federal funds will not be used, directly or indirectly, to support
the enactment, repeal, modification or adoption of any law, regulation, or policy, at any Ievel of
government, without the express prior written approval from the COUNTY.
14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority-
owned, women -owned, or -disadvantaged -business -concerns- nd-contractors-orsubcontractors-to
the extent practicable.
15. Will notify the COUNTY of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
§§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
structures.
17. Will comply with all Federal and State Statues relating to Civil Rights and
Nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which 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 gender.
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. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the grounds or
race, color, religion, national origin, gender, or disability against a recipient of funds,
t1hp 'piot will _forward _a copy of the finding to the Otfis..-t�af.Cjmt Ri hLs Q1J:tCB-of ...
Justice Programs and the COUNTY.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department
of Justice Office of Civil Rights and the COUNTY within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with
the nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
1$. Will comply with the requirements of Titles Il and III of the Uniform Relocation Assistance
-and Real-Property-Acquisit-ion-Policies-►-et-of-1-970 (4 -2 -U -S -.C-.-"60-1- et-seq. [P:L. 91=616 -])--
which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or Federally assisted programs. These requirements apply to all
interested in real property acquired for project purposes regardless of Federal participation in
purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and
Real Property Acquisition for Federal and Federally -assisted programs.
19. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more.
20. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10,
Environmental Considerations.
22. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of the COUNTY, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, any structure over 50 years old, and purchase and/or use of any sonar
equipment. The SUB -RECIPIENT must comply with all conditions and restrictions placed on
the project as a result of the EHP review. Any construction -related activities initiated without
the necessary EHP review and approval will result in a noncompliance finding, and may not be
eligible for reimbursement with DHS/FEMA/Cal EMA/COUNTY funding. Any change to
the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing
activities occur during the project implementation, the SUB -RECIPIENT must ensure
monitoring of the disturbance. If any potential archeological resources are discovered, the SUB-
RECIPIENT will immediately cease activity in that area and notify DHS/FEMA/Cal
EMA/COUNTY and the appropriate State Historic Preservation Office.
23. Any construction activities that have been initiated prior to the full environmental and
historic preservation review could result in non-compliance finding. grantees must complete the
EUMAEHPcreening Form (OM 13 Numttfrl66Q-0115TTMA_EoIm924°'_1 an
Q -d S0-Mi0t,
with all supporting documentation, to the GPD ERP team at GPDEHPinfo@fema.dhs.gov for
review_
24. Grantees should submit the FEMA EHP Screening Form for each project as soon as
possible upon receiving their grant award. The Screening From for these types of projects is
available at:
www.fema.gov/doc/government/grantJbulleEns/info329 final_screening_memo.doc
25 .Will-ensure-that-the-facilities-underits ownership; lease -or -supervision; which -shall -fie
utilized in the accomplishment of this project, are not on the Environmental Protection
Agency's (EPAs) List of Violating Facilities, and will notify the COUNTY, Cal EMA and the
Federal Grantor agency of the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating if a facility to be used in the project is under
consideration for listing by the EPA.
26. Will provide any information requested by DHS/FEMA/Cal EMA/COUNTY to ensure
compliance with applicable laws, including the following:
a. Institution of environmental quality control measures under the Archaeological and
Historic Preservation Act, Endangered Species Act, and Executive Orders on
Floodplains (11988), and Environmental Justice (E012898) and Environmental Quality
(E011514).
b. Notification of violating facilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et
seq.)-
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93-523).
f. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007,
g. Wild and Scenic Rivers Act of 1968 (I6 U.S.C. §§ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
27. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of
Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
28. Agrees that all publications created or published with funding under this grant shall
pro nin n ly amain the fallowing statement-, "11i s-io�u�.eut,.�x paredxMe� gra frame...........
FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or
opinions expressed in this document are those of the authors and do not necessarily represent
the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department
of Homeland Security." The recipient also agrees that, when practicable, any equipment
purchased with grant funding shall be prominently marked as follows: "Purchased with funds
provided by the U.S. Department of Homeland Security."
29. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable
license -to -reproduce; publish; orotherwise-use,—and-authorize-othersto-use, Federal
government purposes: a) the copyright in any work developed under an award or sub -award;
and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with
Federal support.
30. The SUB -RECIPIENT agrees to consult with DHS/FEMA/Cal EMA/COUNTY regarding
the allocation of any patent rights that arise from, or are purchased with, this funding and has
requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt
of Federal financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Property/equipment purchased under the HSGP reverts to Cal EMA if the grant funds
are de-obligated/disallowed and/or not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid
following deobligation/disallowment of costs or Cal EMA reserves the right to place a
lien on the property for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per Federal Fiscal Year.
31. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
32. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment activities
are funded in whole or in part with Federal funds.
33. Will comply, if applicable, 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 wane
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
.corrifiy with the rninirm n, wage and maximum ]mn9rr riravisions ofthe Federal Fans
Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
education, hospitals, and other non-profit organizations.
35. Agrees that "Classified national security information," as defined in Executive Order (EO)
12958, as amended, means information that has been determined pursuant to EO 12958 or any
predecessor order to require protection against unauthorized disclosure and is marked to
indicate its classified status when in documentary form. 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-ciassifiied-national-security-infbrmatiorrifthe-award-recipient ha. -not -been -approved -
for and has access to such information.
36. Agrees that 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. Such contracts, subawards, or other agreements shall be processed and
administered in accordance with the DHS "Standard Operating Procedures, Classified
Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other
applicable implementing directives or instructions. All security requirement documents are
located at: http://www.dhs.gov/xopnbiz/grants/index.shtm
37. Immediately upon determination by the award recipient that funding under this award will
be used to support such a contract, subaward, or other agreement, and prior to execution of any
actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award
recipient shall contact ISPB, or the applicable Federal department or agency, for approval and
processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
38. Agrees with the requirements regarding Data Universal Numbering System (DUNS)
Numbers, meaning if recipients are authorized to make subawards under this award, they must
notify potential SUB -RECIPIENTS that no entity (see definition in paragraph C of this award
term) may receive or make a subaward to any entity unless the entity has provided its DUNS
number. For purposes of this award tern, the following definitions will apply:
a. "Data Universal Numbering System (DUNS)" number means the nine digit number
established and assigned by Dun and BradQstrreeett,•.Inc.
�(.D�&y B''�) to uniquely identify
......, .... i'tiG _Cir+ +k''rGtb'ri—+•i DU!' S number C'VCCGYYied from by telep en int. rf`nY1*13
,
866-705-5711) or the Internet, currently at http://fedgov.dnb.com/webform
b. "Entity", as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C, as a Governmental organization, which is a State, local
government, or Indian Tribe; or a foreign public entity; or a domestic or foreign
nonprofit organization; or a domestic or foreign for-profit organization; or a Federal
agency, but only as a sub recipient under an award or subaward to a non -Federal entity.
c. "Subaward" means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and that
Yju as �,hd recipient award to an eligibie sunrecipient.11 does not mctuuc e your
procurement of property and services needed to carry out the project or program (for
further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of
States, Local Governments, and Non -Profit Organizations") and may be provided
through any legal agreement, including an agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this award;
and is accountable to you for the use of the Federal funds provided by the subaward.
39. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding
labor standards for Federally -assisted construction sub -agreements.
40. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. if any other funds than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or an employee of Congress, or employee of
a Member of Congress in connection with the Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients 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.
41. Agrees that funds awarded under this grant will be used to supplement existing funds for
,p_r,9ggram ac v t,Jm,.?nd will not suimlant.(TVlace non -Federal funds.
42. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with representatives of the
various Fre, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
R,escue-Mutual Aid fhlan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
43. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
44. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A-1 10); Part 225 Cost Principles for State,
Local and Indian Tribal Governments (OMD Circular A-87); Part 220 Cost Principles for
Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit
Organizations (OMS Circular A-122).
45. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
46. Agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required
for the assessment or evaluation of any activities within this agreement.
47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost
Principles and Procedures, Contracts with Commercial Organizations.
48. Will comply with the financial and administrative requirements set forth in the current
edition of the DHS Financial Management Guide.
49. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY 2014 Homeland Security Grant Program Funding Opportunity Announcement, and the
California Supplement to the FY 2014 Homeland Security Grant Program Funding Opportunity
Announcement. All allocations and use of funds under this grant will be in accordance with the
Allocations, and use of grant funding must support the goals and objectives included in the
State and/or Urban Area Homeland Security Strategies as well as the investments identified in
the Investment Justifications which were submitted as part of the California FY2014 Homeland
Security Grant Program application. Further, use of FYI funds is limited to those investments
included in the California FYI Investment Justifications submitted to DHS/FEMA/Cal
EMA/COUNTY and evaluated through the peer review process.
50. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension".
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44
CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
�w � u;luded-from-covered-tranmetionsby-any Federal-departrnent-or-ageney.
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 (1)(b) of this certification; and have not within a three-year
period preceding this application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and d 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.
51. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
52. Will comply with the administrative requirements that apply to most DHS award recipients
through a grant or cooperative agreement arise from two sources: - 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 "AA 02 Common
Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13,
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments." - OMB Circular A-1 10, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations, relocated to 2 CFR Part 215. 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 circulars are as follows: - 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.
53. Will acknowledge, 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.
a_ Recipients must cooperate with any compliance review or complaint investigation
conducted by DHS and/or Cal EMA/COUNTY.
b. Recipients must give DHS/Cal EMA/COUNTY 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
iiu9"07nllatiuri a�-milybe-mcessajy,-as-required-by-DHS/Cal EMA/GOUNTY regulations
and other applicable laws or program guidance.
c, Recipients must submit timely, complete, and accurate reports to the appropriate
DHS/Cal EMA/COUNTY officials and maintain appropriate backup documentation to
support the reports.
d. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
e. 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/Cal EMA/COUNTY awarding office and the DHS Office of
Civil Rights and Civil Liberties.
f. 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.
54. Agrees that 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, cooperative agreement. These lobbying prohibitions can be found at 31
U.S.C. § 1352.
55. Will 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.
56. 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
4hi&z ard,�ncill,iing thnce-wnrkc r-hii-shed in academic, technical or prQfg�,�t�nal r u'R�"n[;rls,
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 shall 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.
57. Will 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.
58. Will comply with the requirements 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.
59. Will 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 BI 38941
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 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.
61. Will comply with the requirements of the government -wide award term which implements
Section 106(g) 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 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 engages in severe forms of trafficking in persons during the period of time that
the award is in effect, procures a commercial sex act during the period of time that the award is
in effect; or uses forced labor in the performance of the award or subawards under the award.
Full text of theaward term is provided at 2 CFR § 175.15.
62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.), 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.
63. Will 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 Development 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).
64. Will comply with the requirements of Titles 1, 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).
65. Will 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.
66. Will comply with the requirements of Title rX 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 44 CFR Part 19.
67. Will comply with the requirements of Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance, national
origin and resulting agency guidance, national origin discrimination includes discrimination on
the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients
must take reasonable steps to ensure that LEP persons have meaningful access to your
programs. Meaningful access may entail providing language assistance services, including oral
and written translation, where necessary. 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. For assistance and information regarding LEP obligations,
go to http://www.lep.gov.
68. 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 is considered research for other purposes.
69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the
requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to
implementing any work with human subjects. The regulations specify additional protections for
research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners
(-Subpair C—)-and children (Subpart-D� The use�o£autopsy �,atPrialcy�gaverne-cLb�apnlicable
State and local law and is not directly regulated by 45 CFR Part 46.
70. 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.
71. Will comply with the requirements of Section 1306(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.
72. 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.
73. 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.
74. Will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act),
which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for
possession of any biological agent, toxin, or delivery system of 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 ...
75. Understands the reporting of subawards and executive compensation rules, including first
tier subawards to Cal EMA/COUNTY.
a. 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,
b. Where and when to report: you must report on each obligating action described in the
following paragraphs to Cal EMA/COUNTY. 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, 2011, the obligation must be
reported by no later than December 31, 2011.)
c. What to report: You must report the information about each obligating action that the
submission instructions posted in Information Bulletin 350, to Cal EMA/COUNTY. To
determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient
executive total compensation to Cal EMA/COUNTY by the end of the month following
the month during which you make the subaward. Exemptions include: If, in the previous
tax year, you had gross income, from all sources, under $300,000, you are exempt from
the requirements to report on subawards, and the total compensation of the five most
highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total
compensation for each of your five most highly compensated executives for the
preceding completed fiscal year, if
i. the total Federal funding authorized to date under this award is $25,000 or
more;
ii. in the preceding fiscal year, you received 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 $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 I70.320 (and
subawards); and
iii. The public does not have access to information about the compensation of
the executives through periodic reports filed under section 13(a) or I5(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of
the Intemal 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 http://www.sec.gov/answers/execomp.htm.)
iv. SUBRECIPIENT Executives. Unless you are exempt as provided above, for
each first-tier SUB -RECIPIENT under this award, you shall report the names
and total compensation of each of the SU& -RECIPIENT'S five most highly
compensated executives for the SUB -RECIPIENT'S preceding completed fiscal
year, if in the SUB-RECIPIENT's preceding fiscal year, the SUB -RECIPIENT
received--80-percent-or-rrrore-ofits—drtnuai-gro�:,b mvcuucz, fTurnfed'eral
procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards);
and $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and 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.
76. Understands that failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into
this agreement for and on behalf of the said applicant.
Signature of Authorized Agent: - ..... .... ...
Printed Name of Authorized Agent:
Title: Date:
SUB-RECIPIENT
The undersigned represents that he/she is authorized to enter into this agreement for and on
behalf of the SUB-RECIPIENT.
-Name; .Diana Bishor)
Address: San Rafael Police Department, 1400 5th Ave, San Rafael. CA 94901
Title: Police Chief Date:
Signature:
ALTERNATEI n� h
Name: f ( ! " 1 ('D �_P'
Address: Scan rRafael Police Department. 1400 5th Ave. San Rafael. W
CA94901
Title: lr� �/If��i�Date: L (
ALTERNATE
Signature: k
COUNTY
Name: Christopher Reilly
Address: OES, 1600 Los Gamos Drive Suite 200. San Rafael. CA 94903
Title: Emervencv Services Manaser Date:
Signature:
Authorized Agent for SHSGP 2014
Appendix A —Authorized Expenditures and Timelines
Sub -Recipient=
SHSGP 2014
Program
Deliverable Amount
-Project-T-itle•
-Description{
Dates:--Not-to-Exceed-
Project E
Purchase ALPR
': (1) 6/30/2015 $25,000
San Rafael
Trailer (1 unit)
(2) 12/31/2015
Police
AEL #
Department
13LE-00-SURV
Appendix B
"REIMBURSEMENT REQUEST"
SHSGP 2014Vendor & Invoice
I
Project Title number
The -following -is
an itemized list of
Authorized
Expenditures for
which
reimbursement is
requested:
Project E
San Rafael Police
Department
ALPR
Trailer (1 unit)
AEL #
13LE-00-SURV
Not to Exceed:
$25,000
Amount Description
The following are attached as part of this Reimbursement Request:
(i) An invoice for each item of expenditure for which reimbursement is requested;
(ii) The front and the back of canceled checks or other written evidence documenting the
payment of each invoice;
(iii) For expenditures which are wages or salaries, payroll registers containing a detailed
breakdown of earnings and withholdings, together with both sides of canceled payroll checks
evidencing payment thereof or, if payment has been made electronically, proof of deposit to the
employee's account;
(iv) Serial numbers, photos of the equipment, and copies of the packing slips;
(v) Excluded Party List System print out showing no exclusions;
(vi) For sole source purchases, your agency's sole source purchasing policy.
Signature of Authorized Agent:. ...............
Printed Name of Authorized Agent:
Title: Date: