Riverside Co/Emerg Management Grant Program 12FY11 Emergency Management Performance Grant
Assurances, Certifications, Terms, and`Conditions
ASSURANCES
The applicant hereby assures and certifies compliance with all applicable federal statutes, regulations, policies,
guidelines, and requirements, including OMB Circulars A-87, A-102, A-133; Executive Order 12372
(intergovernmental review of federal programs); and 44 C.F.R. pt.13 (administrative requirements for grants
and cooperative agreements). The applicant also specifically assures and certifies that:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial
capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper
planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Controller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
. presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the
awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration
(5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
§§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-255), 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 non-discrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for
federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and I I I of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide
for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs. These requirements apply to all interests in real property acquired for project
purposes regardless of federal participation in purchases. ,
FYI EMPG Recipient Subgrant Guide for Local Governments Page 53
8: Will comply with the provisions of the Hatch Act (5 U.S.C: §§ 1501-1508.and 7324-7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 327-33.3), regarding labor standards for federally assisted construction
subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and .
acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in
accordance with EO 11988; (e)assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f)
conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of .
endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
All proposed construction and renovation activities must undergo an Environmental Planning and Historic
Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action
related to the project. Any applicant that is proposing a construction project should pay special attention to
the EHP requirements contained in Part VI (B, 5.7) of the Guidance.
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 897544, 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.
16. Will comply 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 residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-
profit Institutions.
FYI 1 EWG Recipient Subgmnt Guide for Local Governments Page 54
I& Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic
Incidents. The adoption of the.NIMS is a requirement.to receive federal preparedness assistance, through
giants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all
levels of government, tribal nations, nongovernmental organizations, and private sector partners to work
together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents,
regardless of cause, size, location, or complexity.
19. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and
policies governing this program. This includes all requirements, restrictions and regulations identified in
the California Emergency Management Agency (Cal EMA) Fiscal Year 2011 Emergency Management
Performance Grant (EMPG) Recipient Subgrant Guide for Local Governments.
20. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the
site and facilities without permission and instructions from the awarding agency. Will record the federal
interest in the title of real property in accordance with awarding agency directives and will include a
covenant in the title of real property acquired in whole or in part with federal assistance funds to assure
non�diserimination during the useful life of the project.
21. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review
and approval of construction plans and specifications.
22. Will provide and maintain competent and adequate engineering supervision at the construction site to
ensure that the complete work conforms to the approved plans and specifications and will furnish progress
reports and such other information as may be required by the assistance awarding agency or state.
Certification for Contracts. Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, 'an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall
be, subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FYI EWG Recipient Subgrant Guide for Local Governments Page 55
(3) Any available drug counseling; rehabilitation,.and employee assistance programs; and .
(4) The penalties that.may be imposed upon employees for drug abuse violations occurring in the .
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by.paragraph (a) that, as a condition of employment
under the grant, the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs (a), (b), (c), (d). (e) and (f).
4. SWEATFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation -of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction,
abusive forms of child labor or exploitation of children in sweatshop labor. The applicant further declares
under penalty of perury that they adhere to the Sweatfiree Code of Conduct as set forth on the California
Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section
6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency; the Department of Industrial Relations, or the Department of Justice to determine the
contractor's compliance with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
FYI EWG Recipient Subg mnt Guide for Local Governments Page 57
102953 However, the applicant: cannot require an employee to cover the costs of providing. any benefits
which have otherwise beenprovided to,all employees regardless of marital or domestic partner status.
TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subgrantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Public Contract Code §10410):
1) No,officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision -making process relevant to the contract while employed in any
capacity by any state agency.
2) For the 12-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency
in a policy -making position in the same general subject area as the proposed contract within the 12-month
period prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this
Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other
than payment of each meeting of the board or commission, payment for preparatory time and payment for
per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which
require every employer to be insured against liability for Workers Compensation or to undertake self-
insurance in accordance with the provisions, and applicant affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into
an agreement, authorizing execution of the agreement.
FYI EMPG Recipient Subgrent Guide for Local Govemmems Page 58
6r AIR OR WATER POLLUTIONVIOLATION: Under the State laws,.the applicant shall not be:
(1) In violation of any order or resolution not subject.to review promulgated by the State Air Resources
Board "or an air pollution control district;
(2) Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or
(3) Finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future state agreements
if the department determines that any of the following has occurred: the applicant has made false certification,
or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.
Jurisdiction (Printed)
City of Ia Winta
By (Authorized Signature), n _
Printed Name and Title of Person Signing
Mark Weiss, Interim City Manager
Date Executed
February 23 2 12
FYI EWG Recipient Subgrent Guide for Local Governments Page 59
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October 7, 2015
City of La Quinta
Chris Escobedo Lisa Chaudhr
La Quinta, CA
&IE7rT'fTEMergency frianUgUMUrTrolerTormance GTffffrF-TUgMM'MMP167A=1*_ - �_' �,A
Grant #2015-0049 CFDA#: 97.042
The California Office of Emergency Services (CaIOES) has approved Riverside County's FY15
Emergency Management Performance Grant Program (EMPG) application and has authorized the
commencement of reimbursement requests. The performance period of this grant is July 1, 2015
(for personnel and services) 10/5/15 (for equipment) — April 30, 2016. All final reimbursement
requests are due no later than May 10, 2016.
Please remember that changes to your grant will require the approval of the OA prior to incurring any
costs. All modifications, EHP's, sole source procurement, EOC and construction requests require
additional approvals from CalOES through the OA prior to incurring any costs. Some of your projects
may require these additional approvals. It is your Agency's responsibility to obtain all additional
approvals prior to expending the funds. Your Agency will also be res ,
dooobponsible for providing all
necessary cumentatin fr reimursemeopg
nts. If yu are•urchasin•maintenance agreements,
upgrades, service fees, etc. for your equipment or continuation of a service it is your responsibility to
provide proof that these costs follow the guidelines of the grant. Your Agency's Financial Workbook
is being provided to you via email along with a copy of this letter. Please have the Grant Assurances
read, signed and dated by your authorized agent in blue ink and return to me. Reimbursements will
not be processed without these. Keep in mind that this grant has a dollar -for -dollar match
requirement.
the gran't as put forth in the FY1 5 EMPG Grant Assurance-S, the State Supplemental Guidance, the
Federal Guidance, the Federal Single Audit Act of 1984 and amendment of 1996, and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act as amended.
As always, please feel free to contact me with any questions you may have. I look forward to
working with you and appreciate your cooperation and support.
Regards,
Kim Dana and Laronte Groom
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FY15 Emergency Management Performance Grant
Agreement Articles, Assurances, Certifications, Terms, and Conditions
FEDERAL AGREEMEDULARILCLM
,&rfide I -1-1niremcakl,1 1' j l 1 :i
Recipients of DHS Federal financial assistance must complete OMB Standard Form 424B Assurances Non -
Construction Programs. Certain assurances in this document may not be applicable to your program, and the
awarding agency may require applicants to certify additional assurances. Please contact the program awarding
office if you have any questions.
�-v
.Ay-to-��ward recipients odginate-�frm
2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, andAudit Requirementsfor Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article 11 - DHS Specc
All recipients must acknowledge and agree —and require any subreciptents, contractors, successors, transferees,
and assignees acknowledge and agree —to comply with applicable provisions governing DHS access to records,
accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS.
2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other
documents and sources of information related to the grant and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by DHS regulations and other
applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
during the past three years, the recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status, the recipient must provide a list of all such proceedings, pending or completed, including outcome
and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and
Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion, or familial status
against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must
forward a copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
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Article M - LUbbying Prohibitions
All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an awar
-Ird7m; MM1'Witi1 �,- an officer or emird%,Aee 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.
Article LY - owledgemjnt lif Egdgral Fund*gg from DM
All recipient must acknowledge their use of 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.
ra'Alre I =Otr.71
Government sponsorship (including award number) to any work first produced under Federal financial assistance
awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified
information or other information subject to national security or export control laws or regulations).
Article V1 - Use of 11 . cal. Lago and EIM
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or
likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
All recipicrus
with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
ALticle VM - Fly AMerica Act of 1974
All recipients must comply with Preference for 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 fl-fi
March 3 1, 198 1, amendment to Comptroller General Decision B- 13 8942.
A, r 1 x r r!-U
All recipients must comply with the Drug -Free Workplace Act of 1988 which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. DHS has
adopted the Act's implementing regulations at 2 C.F.R. Part 3 00 1.
Article X - Trafficking Victims Protge1jitn JM1 01111111
All recipients must comply with the requirements of the govemment-wide award term which implements Sectio
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, Novemb
13, 2007. Full text of the award term is located at 2 C.F.R. � 175.15. 11
4.rtide X1 — Title VI of the Civil Hights Act of 19fil
IN 1 11611,111
Initials
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F.rdm rw*.q vm rm 1 In
All recipients are required to be non -delinquent in their repayment ot any f ederal debt. Examples oY reiev ciem
include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. See OMB Circular A-
122�And form SF-424B, item number 17 for additional information and guidance.
'41176CI Fir& Safell Act of 1920
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 13 VSC =&4 all recipients
must ensure that All conference, meeting, convention, or training space funded in whole or in part with Federal
AWKY Prevention -and Control Act of
1974, as amended, 15 U.S.C. § 2225.
W.1 EMMITITTI WINT. M9 T. W711 I 7WRIFT W 71-11 V. M., M,
a. Reporting of first -tier subawards.
that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section
Initial 100--
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(see definitions in paragraph e. of this award term).
2. "ere and when to report.
L You must report each obligating action described in paragraph a. 1. of this award term to
htW.-Ilwww,fsrs.gov.
ii. 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, 2010, the obligation
must be reported by no later than December 3 19 20 10.)
3 ' What to report. You must report the information about each obligating action that the submission instructions
Mosted at htW.-11www.fsrs.goy specift.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most highly
compensated executives for the preceding completed fiscal year, if—
i. the total Federal funding authorized to date under this award is $25,000 or morl
ii. in the preceding fiscal year, you received —
A) 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 C.F.R. § 17,0.320 (and
subawards); and
B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) an
Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and
subawards); and
in. The public does not have access to information about the compensation of the executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and Exchange Commission total compensation
filings at http://Www.sec.govlanswerslexecomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph b. 1. of this
award term:
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each
urst-tier subrecipient under this award, you shall report the names. and total compensation of each of the
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A) 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 C.F.R. § 170.320 (and
subawards); and
B) $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
ii. 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
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and Exchange Commission total compensation
filings at http://�ww.sec.govlanswerslexecomp.htm.)
2 ' Where and when to report. You must report subrecipient executive total compensation described in paragraph
C. 1. of this award term:
L. To the recipient.
�i. By the end of the month following the month during which you make the subawar . or example, if a
subaward is obligated on any date during the month of October of a given year (i.e., between October I
and 3 1), you must report any required compensation information of the subrecipient by November 30 of
that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the
requirements to report:
L Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes oft is award term:
1. Entity means all of the following, as defined in 2 C.F.R. Part 25:
L A Governmental organization, which is a State, local government, or Indian Tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for -profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity.
2 Exectitive means officers. managing j2artners. or any other employSes in management positions-
L This term means a legal instrument to provide support for the performance of any portion of the substantive
project or program for which you received this award and that you as the recipient award to an eligible
subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project or
program (for further explanation, see 2 C.F.R. § 200.330 — Subrecipient and Contractor
Determinations).
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iii. A subaward may be provided through any legal agreement, including an agreement that you or a
subrecipient considers a contract.
4. Subrecipient means an entity that:
'Lli I a to] a# k[41 Lrwll I 1174 WTO RM SM R 113 1) KIYA 11 So a
5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or
subrecipient's preceding fiscal year and includes the following (for more information see 17 C.F.R.§
229.402(c)(2)):
L Salary and bonus.
Awards ofstock stock options, and stock appreciation rights. Use the dollar amount recognized for
financial statement reporting purposes with respect to the fiscal year in accordance with the Statement
of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earningsfor services under non -equity incentive plans. This does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit an actuaria pension p an&
v. Above -market earning on deferred compensation which is not tax -qualified
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination
payments, value of life insurance paid on behalf of the employee, perquisites or property) for the
executive exceeds $10,000.
..WI&V I= WTMTM"- I M 1 MM I WMMM• \' r��
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and codified in 3 5 U. S.C. § 200 et seq. All recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14.
P1414 I I IV [W.1W*1W.%'B I I O a MIJ4 I I a" I I I 1I I I%') V W, I
All recipients must comply with section 6002 of theNibbsWAg as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
. M, M , T-WRIMMM MIMIMIRM: 1;31
11 to C.F.R. Part 200
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -
Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation
adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
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compensation to which he or she is otherwise entitled. I ne non-F eaeral entILY MUSL FCPUFL dil SUSPICULCU 01 FUFM =L
violations to the Federalawarding
include(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non -Federal entity in excess of $ 100,000 that involve the employment of mechanics or laborers
must provision f• • r 41 U.S.C. 3702 and 3704, as supplemented by Department of .r.
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
• 1 ,• tr tor4_4r• • r • 1• or dangerous. These re,,wuirementsr•
not apply to the purchases of rr or or ordinarily available. open market, or •
for r• • or • of
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 C.F.R. §401.2 (a) and the recipient or subrecipient wishes to enter into a contract
with a small business firm or • • • organization r-g. 1 r • of parties,
performance of experimental, developmental, or research work under that "funding agreement," the recipient or
subrecipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made byNonprofit
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1111 U 1 V I I L617-A'A I q 1. 074CROMM.
A. Requirement for System for Award Management (SAM)
ou as the reck-cient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award te-tif.
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B. Requirement for unique entity identifier
1�0 Ill 1
Hil 111131 k� If.. 1'
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may
receive a subaward from you unless the entity has provided its unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you.
C. Definitions
For purposes of this award term:
I . Systemfor Award Management (SAM) means the Federal repository into which an entity must provide
information required for the conduct of business as a recipient. Additional information about registration
procedures may be found at the SAM Internet site (currently at hw��4�.
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business
entities.
3. Entity, as it is used in the award term, means all of the following as defined at 2 C.F.R. Part 25, Subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for -profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity.
4. Subawa
a. This term means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient
award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project
or program (for further explanation, see 2 C.F.R. § 200.330).
c. A subaward may be provided through any legal agreement, including an agreement that you
consider a contract.
Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the Federal funds provided by the subaward.
Article XLH — 3&hist1ehIg&er Protection Ac
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at
41 a8i.0 64712. and JAJL$�C. 6 232 ALUX ii9-4-A - AiLLM304 nd41A
Article XLHI — Ilisgositifin of EquillIli' nt Acguired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its su recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. § 200.313.
Articl V—PrinrAnnn " --11J
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater
than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without
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prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to
exceed ten percent (10%) of the total budget DHS/ FEMA last approved. You must report any deviations from
your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval.
ASSLZANCES
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements. See Article I above. The applicant also specifically assures and certifies that it:
I . Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial
capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper plannin
management, and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the assistance or award; and will establish a proper accounting system in accordance
with generally accepted accounting standards or agency directives. See Article 11 above.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awardir
agency.
5� Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulatiom
specified in Appendix A of Office of Personnel Management's (OPM) Standards for a Merit System of
Personnel Administration (5 C.F.R. § 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscriminatiode but are not limited to- (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin: (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-2S5), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;(g) §§ 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil Right Act of 1968 (42 U.S.C. §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being
made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application.
See Articles XI, XII, X111, XIV, XV, XVI, and XVIL
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7, Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniforrn Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal and/or federally -
assisted programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $ 10,000 or more; and the National Flood Insurance Act of 1968. See Articles XXII and XXIII.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution
of environmental quality control measures under National Environmental Protection Act (NEPA) of 1969
(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 1173 8;
(c) protection of wetlands pursuant to EO 11990; (d) evaluation flood hazards in floodplains in accordance
with EO It 988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955,
as amended (42 U.S.C. §§ 7401 et seq.); (g) protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under
the Endangered Species Act of 1973, as amended, (P.L. 93-205). See Articles XIX, XXI, and XXIV.
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § § 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
F-3. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic E
Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § § 469a- I et seq.).
All proposed construction and renovation activities must undergo an Environmental Planning and Historic
Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action
related to th ro�ect. Any --
..Iicantthatisy. �,osiag a construction Vro;ect should attention to
F
the EHP requirements. See Article XXXIII
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance. See Article XX
15. Will comply with the Laboratory Animal welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 21311
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, oil
other activities supported by this award of assistance. See Article XVIII.
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16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42U.S.C. §§ 4801 etseq.) which
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
17. Will cause to be. performed the required financial and compliance audits in accordance with the U.S.
Government Accountability Office's (GAO) Government Auditing Standards, and the requirements of
Part 200, Subpart F.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program. This includes all requirements, restrictions and regulations identified in the
California Governor's Office of Emergency Services (Cal OES) Fiscal Year 2015 Emergency Management
Performance Grant (EMPG) Program - California Supplement to the Federal Program Notice of Funding
Opportunity; or, The State Guidance.
19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of
2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from (1)
Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2)
Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor
in the performance of the award or subawards under the award. See Article X.
20. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management ofDomestic Incidents.
The adoption of the NIMS is a requirement to receive Federal preparedness assistance, through grants,
contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, tribal nations, nongovernmental organizations, and private sector partners to work together to
prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause,
size, location, or complexity.
21. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the
site and facilities without permission and instructions from the awarding agency. Will record the Federal
interest in the title of real property in accordance with awarding agency directives and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure no
discrimination during the useful life of the project. I
22. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
21 Will provide and maintain competent and adequate engineering supervision at the construction site to ensure
that the complete work conforms with the approved plans and specifications and will furnish progress reports
and such other information as may be required by the assistance awarding agency or State.
24. Will comply with Public Law (PL) 109-282 (Federal Funding Accountability and Transparency Act of 2006),
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110-252), which
is outlined in FEMA GPD Information Bulletin No. 350. If the subrecipient in the preceding year did not get
80% or more of its annual gross revenues from Federal Awards, and $25M or more in annual gross revenues
from Federal Awards, and the public does have access to information about the compensation of the senior
executives of the entity, then the subrecipient is not subject to the FFATA Financial Disclosure requirements.
See Article XXXVI.
25. Will comply with the following: (a) All recipients of financial assistance must acknowledge and agree —and
require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree —to
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comply with applicable provisions governing Cal OES and/or Riverside Co. EMD access to records,
accounts, documents, infori-nation, facilities, and staff, (b) Recipients must cooperate with any site visit,
compliance/monitoring review or complaint investigation conducted by Cal OES and/or Riverside Co.
Recipients must give Cal OES and/or Riverside Co. ENO access to and the right to examine and
copy records, accounts, and other documents and sources of information related to the grant and penuit
access to facilities, personnel, and other individuals an&information as may be necessary, as required by Cal
OES and/or Riverside Co. EMD regulations and other applicable laws or program guidance; (d) Recipients
must submit timely, complete, and accurate reports to the appropriate Riverside Co. EMD officials and
maintain appropriate backup documentation to support the reports; and (e) Recipients must comply with all
other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in the
program guidance.
26Will comply with the EMPG-Funded Personnel Training and Exercise Requirement. All recipients of
financial assistance must acknowledge and agree —and require any subrecipients, to acknowledge and
agree —to comply with the EMPG-funded personnel training and exercise requirement, as detailed in both the
Federal and State program guidance. Failure to comply with this requirement, by individuals whose salary is
funded, in part or whole with EMPG, may result in the incurred salary costs associated with the non-
compliant EMPG-funded personnel from being eligible for reimbursement and/or result in the subrecipient's
repayment of already disbursed grant funding associated with the non -compliant EMPG-funded personnel's
salary -related costs.
NO1 1 1 9 1 R I we
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. See Article 111.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly. This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 3 1,
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.
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Statement for Loan Guarantees and Loan Insurance
If any • have been paid • will be paid to any person for influencing • attempting to influence an • or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
• Congress in connection with this commitment providing for the United States to insure • guarantee a •. the
undersigned shall complete and submit Standard • "Disclosure • •rr Activitiesin accordance
with its • Submission • this statement is a prerequisite • making • entering into this transaction
4T.p*�%_d who fails to file the re7iruired statement shall be sub-ect to
a civil penalty • not less than $ 10,000 and • • than $100,000 • each such failure.
2. AND
As required by Executive Orders 12549 and 12589, Debarment and Suspension, and implemented at 44 C.F.R.,
■ 17 (See Article XXXII):
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions
by any Federal department or agency;
(2) Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or Local) with commission of any of the offenses enumerated in paragraph (A)(2) of this
certification; and
(4) Have not within a three-year period preceding this application had one or more public transactions
(Federal, State, or Local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. CERTIFICATIONS REGARDING DRUG -FREE WORKPLACE REQUIREMENTS:.This certification
commits the applicant to compliance with the certification requirements under 44 C.F.R., Part 17 Government -
wide Requirements for Drug -Free Workplace (Grants). See Article IX.
A. The grantee certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
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(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; a2nd
workplace;
copy of the statement required by paragraph (a);
Ud)_11otitYi_ng the employee in the statement required by paragraph (a) that, as a 33—HaTilon. or —empioy
under the grant, the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(9) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
(f)-
IMMEII
1113
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subaward have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms
of child labor or exploitation of children in sweatshop labor. The applicant further declares under penalty of
perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of
Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
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b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records, documents,
agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance
with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subawards executed or amended after July 1, 2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits which
have otherwise been provided to all employees regardless of marital or domestic partner status I
IMIM ADMQUDWITIPM
A_
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subrecipient has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Public Contract Code § 10410).-
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives
eceives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Public Contract Code § 10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision -making process relevant to the contract while employed in any
capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency in a
policy -making position in the same general subject area as the proposed contract within the 12-month period
prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement
void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per
diem. (Pub. Contract Code § 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which require
every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in
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accordance with the provisions, and applicant affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an
agreement� authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board
an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code
for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of Federal law relating to air or water pollution.
7. SYSTEM FOR AWMW MANAGEMENT (SA�D AND LJNDMRSAL IDENTIFIER REQUIREMENTS:
A. Requirement for System for Award Management (SAM)
Unless you are exempted from this requirement under 2 C.F.R. § 25.110, you as the recipient must
maintain the currency of your information in the SAM until you submit the final financial report required
under this award or receive the final payment, whichever is later. This requires that applicants and
recipients review and update the information at least annually after the initial registration, and more
frequently if required by changes in your information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If recipients are authorized to make subawards under this award, they:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions
For purposes of this award term:
I . System for Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.aov .
2. Data Universal Numbering System (DUNS) number means the nine digit number established and
assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS
number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet
(currently at
3. Entity, as it is used in this award term, means all of the following, as defined at 2 C.F.R. § 25.320,
Subpart C:
a. A Governmental organization, which is a State, Local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
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d. A domestic or foreign for -profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal
entity.
4. Subaward, as defined in 2 C.F.R. § 170.325:
a. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the
project or program.
c. A subaward may be provided through any legal agreement, including an agreement that you
consider a contract.
5. Subrecipient, as defined in 2 C.F.R. § 25.360, means an entity that:
a. Receives a subaward from you ,under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
8. FINANCIAL GUIDELINES: The recipient and any subrecipient shall comply with the most recent version of
the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations
commonly applicable to FEMA grants are listed below:
A. Administrative Requirements
1. 2 C.F.R. Part 200—Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, Subparts B through D
2. 44 C.F.R. Part 1.0, Environmental Considerations
B. Cost Principles
1. 2 C.F.R. Part 200—Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, Subpart E--Cost Principles
2. 48 C.F.R.§ 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations
C. Audit Requirements
1. 2 C.F.R. Part 200—Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, Subpart F—Audit Requirements
9. PROHIBITION ON USING FEDERAL FUNDS: The recipient understands and agrees that it cannot use any
Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval of FEMA.
10. COMPLIANCE WITH PROGRAM GUIDANCE: The recipient agrees that all allocations and use of funds
under this grant will be in accordance with the DHS FY 2015 ENWG Program Notice of Funding Opportunity
(NOFO).
11. CLASSIFIED SECURITY CONDITION:
A. Classified national security infonnation, 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 protecti
against unauthorized disclosure and is marked to indicate its classified status when in documentary form
11
B. No funding under this award shall be used to support a contract, subaward, or other agreement for goog
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. I
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C. Where an award recipient has been approved • and has access to classified • security
information, no funding under this award shall be used to r{• a contract, subaward, • •
agreement for goods or services that will include access to classified national security information by the
contractor, subawardee, • • entity without prior written approval from the DHS •' • Security,
Industrial Security Program Branch (ISPB), or an appropriate official within the Federal department or
agency with whom the classified effort will be performed.
LP. Such contracts, subawards, or other agreements shall be processed and administered in accordance with tl-f-i
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
E. Immediately upon determination by the award recipient that funding under this award will be used 'I
support such a contract, subaward, or other agreement, and prior to execution of any actions to
facilitate the acquisition of such a contract, subaward, • • • the award recipient shall
contact ISPB, or the applicable Federal department or agency, for approval and processing
instructions.
DHS Office • Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office • the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
11 the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.