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24-010 County of Santa Clara and the City of Cupertino Granting Program for 2022 Emergency ManagementPage 1 of 18 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO GRANTING PROGRAM FUNDS FOR THE 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG1) THIS AGREEMENT is made effective July 1, 2022, by and between the County of Santa Clara (“County”) and the City of Cupertino (“City”) for the allocation and distribution of 2022 Emergency Management Performance Grant (“EMPG”) funds. RECITALS WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos and Los Altos Hills, and the County of Santa Clara are parties to the 1994 Operational Area Interim Agreement; and WHEREAS, the Santa Clara County Emergency Operational Area Council (“EOAC”) is the advisory body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the Operational Area. EOAC membership includes 5 city council members representing cities in the Operational Area as well as representatives of the Santa Clara Valley Water District, Office of the County Executive, County Board of Supervisors, City Managers’ Association, Police Chiefs’ Association, Fire Chiefs’ Association, County Public Health Department, County Social Services Agency, County Emergency Medical Services Agency, Santa Clara Valley Transportation Authority, and emergency management representatives; and WHEREAS, the County Emergency Management Ordinance establishes the EOAC and endows the EOAC with authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation recommendations for EMPG funding awarded by the United States Department of Homeland Security to the California Governor’s Office of Emergency Services (“Cal OES”), and subsequently sub-awarded to County; and WHEREAS, Cal OES has awarded County 2022 EMPG funding in the amount of $623,063 for the purpose of sustaining and improving comprehensive emergency management programs; NOW, THEREFORE, this AGREEMENT is to allocate the sum of $8,000 from County to City, so that City may implement the “EOC Technology” projects as provided under this Agreement and specified in the EMPG Grant Certifications and Assurances, Exhibits B, C & D. The performance period for County for this grant expires on June 30, 2024. The performance period for City for the subgrant expires on March 31, 2024. County and City agree as follows: THE AGREEMENT Article I. Definitions 1. Specific Terms (a) “Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other 1 2021 Homeland Security Grants, version 1 DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 2 of 18 deductions from an employee’s paycheck. This rate does not include vacation benefits. The hourly burdened labor rate is used to calculate City’s match obligation. (b) “City” shall mean the City of Cupertino, its officers, board members, employees, and agents. (c) “County” shall mean the County of Santa Clara, its officers, board members, employees, and agents. (d) “EMPG funds” or “EMPG funding” shall mean the funding City receives under this Agreement. (e) “Emergency Operations Center” or “EOC” shall mean the physical location at which the coordination of information and resources to support incident management (on-scene operations) activities normally takes place. (f) “Federal Program Guidance” shall mean guidance documents issued by the Federal Emergency Management Agency, including the EMPG Program Funding Opportunity Announcement, for Fiscal Year 2022. (g) “Grant Certifications and Assurances” shall mean the FY21 “Standard Assurance For Cal OES Federal Non-Disaster Grant Programs” (EXHIBIT B), “Certification Regarding Lobbying” (EXHIBIT C), and “Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure” (EXHIBIT D). (h) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or more per year. (i) “Prime Recipient” shall refer to County. (j) “Project Manager” shall refer to the City employee identified as “Requestor” on an EMPG Project Proposal form. (k) “Spend Plan” shall mean a written document that explains the project on which City intends to spend 2022 EMPG funding, including project deliverables and milestone dates by which any funds allocated to City must be spent. (l) “State Guidance” shall mean the California Supplement to the Federal Notice of Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2022 for Emergency Management Performance Grants. (m) “Subgrant” shall mean funds awarded to the City under this Agreement. (n) “Sub-Recipient” shall refer to City. 2. References to This Agreement Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other documents incorporated by reference into this Agreement; (d) all amendments, modifications, or DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 3 of 18 supplements to this Agreement. Article II. Allocation and Spend Plans 1. Allocation. The 2022 EMPG funds shall be disbursed pursuant to the County’s FY 2022 EMPG Grant application for each City. County shall reimburse to City funds that City expends under the 2022 EMPG program for eligible expenditures. The amount for City shall not exceed $8,000 unless additional funds become available under the 2022 EMPG program following the execution of this Agreement. If additional funds are allocated, an amendment to this Agreement shall follow. City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City until County and City have fully and finally executed this Agreement. City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City unless and until the State of California has approved $623,063 in FY 2022 EMPG funding. 2. Spend Plans Upon execution of this agreement, City shall provide County with Spend Plans for review by County’s Office of Emergency Management (“OEM”) Director or designee. All Spend Plans must be approved by County’s OEM Director or designee based on projects County has submitted to the State for the 2022 EMPG program. If County’s OEM Director does not approve City’s Spend Plan, County OEM shall notify City, and City shall have 10 days from the date of the notice to submit a revised Spend Plan to County OEM for approval or risk reallocation of funds. City’s Spend Plans are a required part of this MOU. Article III. Requests for Reimbursement and Reimbursements 1. Required Documentation for Reimbursement The EMPG is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the EMPG program. The EMPG is a matching funds grant that requires City to provide a dollar-for-dollar match for any EMPG funds it receives. All invoices/ requests for reimbursement from City must include appropriate documentation such as receipts or payment records as well as other documentation required under Federal or State grant program requirements (see Article III). (a) Requests for Equipment City is solely responsible for procuring any equipment under this Agreement in accordance with the most current applicable Federal requirements for procuring grant-funded equipment; and, if more restrictive, applicable City procurement policies and requirements. Prior to purchasing any equipment under this Agreement, when required, City must submit an Environmental and Historic Preservation (EHP) Screening form and receive written approval from DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 4 of 18 FEMA. The following documentation must be provided along with any reimbursement requests for equipment: • Quote or solicitation documents • Summary of pricing and chosen vendor • Documentation that vendor is not on the excluded parties list (https://sam.gov/) a print- out of the search result page will suffice) • Purchase order and/or contract • Receiving documentation/packing slip • Invoice • Proof of payment All equipment must be indicated in the Spend Plan City submits to County, and must be authorized per the web-based Authorized Equipment List published by FEMA and available via: https://www.fema.gov/authorized-equipment-list. (b) Subcontracts Subcontracts totaling $25,000 or more require preapproval from County. If City is allowed to award subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit E, within 30 days of the award. The following information must be included in City’s report on any sub-award exceeding $25,000: • Name of entity receiving award; • Amount of award; • Funding agency; • Catalog of Federal Domestic Assistance program number; • Award title (descriptive of the purpose of the funding action); • Location of the receiving entity and primary location of performance including city, state, and federal Congressional district; • Federally issued “Unique Entity ID” of the receiving entity, and of its parent if applicable; and • Total compensation and names of receiving entity’s five most highly compensated executives if: o In the preceding fiscal year, the subcontractor received 80 percent or more, and $25,000,000 or more, of its gross annual revenue from federal procurement contracts or subcontracts or from federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.230; and o 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 under section 6104 of the Internal Revenue Code of 1986. o City must report subcontractor executive compensation by the end of the month following the month in which it makes the subaward. For example, if the subaward is obligated in any date in April 2023, City must report any required DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 5 of 18 compensation information by May 31, 2023. Classified information that, in the interest of national security, requires protection against unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under Executive Order 12958) is exempt from the Prime and Sub-Recipient reporting requirements, as are contracts with individuals. (c) Sole Source Contracts Sole source contracts of $250,000 or more are not allowable under the EMPG program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to the Grants Manager of County’s OEM. Upon City’s completion and submission of the required sole source documentation, County’s Grants Manager shall forward all sole source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole source procurement be completed and expenditures reimbursed using EMPG allocated funds. All sole source procurements must follow the most current applicable Federal procurement requirements for grants and, if more restrictive, City’s own procurement policies. (d) Grant Funded Personnel EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding. This includes M&A staff funded by EMPG Program funds. All EMPG Program funded personnel shall complete the training requirements in Article IV, Section 2 (c) by December 31, 2023. Recorded proof of completion, such as all certificates of completion, must be submitted by the City to County (OEM) before any reimbursements to the City will be made. In any case, proof of completion must be provided by December 31, 2023. Documentation of participation in exercises is also required by the grant and progress towards meeting this requirement must be reported to the grant manager at least quarterly. Time reporting requirements: To receive payments for personnel costs, City must submit time and payroll documentation that meets Federal Grant, State Grant (Cal OES) and County reporting requirements. (e) Other Requests The following documentation is required for all reimbursement requests for contractors: • Quote or solicitation documents • Executive summary of how contractor was chosen • Documentation that vendor is not on the excluded parties list (https://www.sam.gov/) (a print-out of the search result page will suffice) • Purchase order and/or contract • Invoice showing deliverables and milestones completed • Proof of payment • Financial Disclosure Form (Exhibit E) if awarded contract exceeds $25,000 DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 6 of 18 2. Submission of Requests for Reimbursement (a) City shall submit reimbursement requests to County’s OEM on a quarterly basis, as detailed in the chart below. Unless pre-approved by County’s OEM Director or designee, all reimbursement requests shall be due fifteen calendar days after the end of the quarter, with the exception of the final expenditure and/or invoice, as indicated below. Any expenditure during the final period identified in the chart below shall be made by March 15, 2024, and any related invoice shall be submitted by March 31, 2024, unless otherwise pre-approved by County’s OEM Director or designee, in order to meet 2022 EMPG deadlines. Reimbursement requests shall be due for expenditures during specified periods as follows: For Expenditures During the Period: Due Dates for Reimbursement Requests: July 1, 2022 through December 31, 2022 January 20, 2023 January 1, 2023 through June 30, 2023 July 20, 2023 July 1, 2023 through December 31, 2023 January 20, 2024 January 1, 2024 through March 15, 2024 March 31, 2024 (b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after the due dates for reimbursement requests for expenditures within a given quarter as specified above in Article II, Section 2(a). (c) All grant funds not claimed by City via a proper reimbursement request, which includes all required documentation, by April 15, 2024 will be forfeited. County may then determine how to spend those funds in accordance with grant requirements. Article IV. Use of Funds 1. Master Grant Obligations (a) City shall comply with the EMPG Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibits B, C & D. City shall require any subgrantee, contractor, or other entity receiving EMPG funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that subgrantee, contractor, or other entity complies with the Grant Certifications and Assurances. (b) City shall ensure its Project Manager attends a grant kickoff meeting with County OEM staff. Additionally, City shall ensure its Project Manager is available to meet with County OEM staff upon request during the period of this agreement to report on progress on each project funded under this Agreement. (c) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any subgrantee, contractor, or other entity receiving EMPG funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 7 of 18 bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement. (d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive EMPG funds. In addition, City shall ensure and independently verify that any subgrantee, contractor, or other entity receiving EMPG funds through or from City is not debarred, suspended, or otherwise excluded from participation in the EMPG program. City shall maintain documentary proof of this verification in its files. 2. Scope of Services (a) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2022 EMPG program, as indicated in Exhibit E, Program Narrative. City shall not use the funds granted under this Agreement for any other purpose. County shall not be required to disburse funds to or otherwise pay City for services, materials, equipment, or supplies provided by City that are beyond the scope of the services, materials, equipment, or supplies agreed upon in this Agreement or a lawfully executed written amendment. Indirect costs are allowable under the FY22 EMPG grant. Allowability of Indirect costs does not increase the total amount of the State, Operational Area or other sub-recipient (i.e. jurisdictions) grant awards. Claims for indirect costs therefore necessarily decrease the federal funds available to pay for direct project costs. Subawards are based on the direct cost of approved projects. Sub-recipients wishing to claim indirect costs must use an indirect cost rate in compliance with the most current applicable Federal guidance and regulations including 2 C.F.R. § 200.68 and Subpart E. (b) All EMPG grant-funded personnel (e.g. an Emergency Preparedness Planner employed by the City under this grant) shall participate in no less than two exercises in a 12-month period. These exercises must align to an identified priority area. EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding. This includes contracted personnel, as well as M&A staff funded by EMPG grant funds. There is no specific requirement for level of “participation” in the exercises – i.e., observation and attendance satisfies the objective. The exercises can be of any type (e.g., Drills, Tabletop Exercises, or Functional) within the performance period (see https://hseep.dhs.gov). Participation in exercises by grant funded staff must be reported quarterly to ensure adequate progress is being made toward meeting this requirement. (c) To ensure the development of a professional emergency management workforce, all EMPG grant-funded personnel shall complete the following 11 training requirements and shall record proof of completion: • National Incident Management System (NIMS) Training: i. IS 100 Introduction to Incident Command System ii. IS 200 ICS for Single Resources and Initial Action Incident iii. IS 700 National Incident Management System, An Introduction iv. IS 800 National Response Framework, An Introduction DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 8 of 18 • FEMA Professional Development Series: v. IS 120.c Introduction to Exercises vi. IS 230.e Fundamentals of Emergency Management vii. IS 235.c Emergency Planning viii. IS 240.b Leadership and Influence ix. IS 241.b Decision Making and Problem Solving x. IS 242.b Effective Communication xi. IS 244.b Developing and Managing Volunteers The aforementioned courses are all available for free on-line at the following links: http://training.fema.gov/IS/NIMS.aspx & http://training.fema.gov/emiweb/PDS/ Note: The “G” course series and classroom-based equivalents can be used as an alternate to satisfy these training requirements. Past completion of the above courses (or qualifying equivalent) may be considered acceptable in meeting this requirement. Article V. Term and Termination 1. Term of Agreement This Agreement is effective from July 1, 2022 through June 30, 2024—the FY 2022 EMPG performance period established by Cal OES for the County. 2. Availability of Funds (a) The parties acknowledge and agree that this Agreement is dependent upon the availability of County, regional, State and/or federal funding. (b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources. 3. Termination (a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice. (b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 9 of 18 notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable EMPG guidelines. (c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the non-breaching party shall give written notice of the breach to the breaching party, specifying the breach/cause. The breaching party shall not be deemed in default and the non-breaching party shall not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (30) days after the breaching party’s receipt of the notice of breach, or within such longer period as may be reasonably required to cure, correct or remedy the breach, provided the breaching party has commenced its cure, correction or remedy within the thirty (30) day period and diligently and continuously pursues that cure, correction or remedy. (d) If this Agreement is terminated, City shall return EMPG funding in accordance with EMPG program guidelines. Article VI. Indemnification and Liabilities 1. Indemnification by City In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the parties under Government Code section 895.6, County and City agree instead that under Government Code section 895.4, City shall fully indemnify and hold County, its officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall include, without limitation, reasonable attorneys’ fees, consultants and experts and related costs, and County’s cost of investigating any claim. 2. Duty to Defend City acknowledges and agrees that its obligation to defend County under Article V.1: (a) is an immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any claim, expense, cost, damage, or liability falling within the scope of Article V.1, regardless of whether the allegations made in connection with that claim, expense, cost, damage, or liability may be groundless, false, or fraudulent. County shall provide City with prompt notice of any claim, expense, cost, damage, or liability under Article V.1 and City shall have the right to defend, settle, or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have the right to retain its own counsel at City’s expense if representation of County by counsel retained by City would result in a conflict of interest, and that City shall obtain County’s prior written consent to settle or compromise if City contends that County shares in any liability. County’s failure to notify City promptly of any claim, expense, cost, damage, or liability shall not relieve City of liability to County under Article V.1 unless that failure materially impairs City’s ability to defend against the claim, expense, cost, damage, or liability. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 10 of 18 3. Limitation on Liability County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. County’s obligations under this Agreement shall be limited to the aggregate amount of EMPG funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and City relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the EMPG funds, City’s Spend Plan, or any activities performed in connection with this Agreement. Article VII. Miscellaneous 1. Notice All notices required by this Agreement shall be deemed given when provided in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing: To City: Thomas Chin, Emergency Services Coordinator City’s Manager’s Office 10300 Torre Avenue Cupertino, CA 95014-3202 To County: Ivan Williams EMPG Grant Manager County of Santa Clara Office of Emergency Management 55 W. Younger Ave., Suite 450 San José, CA 95110 2. Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wag e Theft Prevention (a) Compliance with All Laws: City shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non- discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (b) Compliance with Non-Discrimination and Equal Opportunity Laws: City shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 11 of 18 Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, City shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall City discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (c) Compliance with Wage and Hour Laws: City shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws. (d) Definitions: For purposes of this Subsection, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality of Assurance. (e) Prior Judgment, Decisions or Orders against City: By signing this Agreement, City affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that City violated an applicable wage and hour law or pay equity law. City further affirms that is has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments. (f) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, City receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then City shall promptly satisfy and comply with any such Final Judgment. City shall inform the Office of the County Executive- Office of Countywide Contracting Management (OCCM) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. City shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 12 of 18 separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph. (g) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to City’s records, City shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, City shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records that are related to the purpose of this Section, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during City’s normal business hours upon no less than 10 business days’ advance notice. (h) Pay Equity Notification: City shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to City for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of City’s Employees and Job Applicants. (i) Material Breach: Failure to comply with any part of this Section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions: 1. Suspend or terminate any or all parts of this Agreement. 2. Withhold payment to City until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law. 3. Offer City an opportunity to cure the breach. (j) Subcontractors: City shall impose all of the requirements set forth in this Section on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment. 3. County No-Smoking Policy City and its employees, agents and subcontractors shall comply with County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles. 4. Food and Beverage Standards Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by City with County funds for County-sponsored meetings or events. If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 13 of 18 fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, City shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high-calorie desserts; (3) attempt to accommodate special dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the City should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving. If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored reduced fat (either nonfat or 1% low-fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided. 5. Governing Law, Venue This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara. 6. Assignment No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party. 7. Entire Agreement This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statemen t of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 8. Amendments This Agreement may only be amended by a written instrument signed by the Parties. 9. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 14 of 18 10. Contract Execution Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. 11. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 12. Waiver No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated. 13. Conflicts of Interest City shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the County. In accepting this Agreement, City covenants that is presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. City is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision. 14. Contracting Principles All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with these contracting principles, the City and all contractors shall: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through representatives of the City, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 15 of 18 15. California Public Records Act County and City are public agencies subject to the disclosure requirements of the Cal ifornia Public Records Act (“CPRA”). If either County’s or City’s proprietary information is contained in documents or information submitted to the other party, and the submitting party claims that such information falls within one or more CPRA exemptions, the submitting party must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the receiving party will make best efforts to provide notice to the submitting party prior to such disclosure. If the submitting party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the receiving party is required to respond to the CPRA request. If the submitting party fails to obtain such remedy within the time the receiving party is required to respond to the CPRA request, the receiving party may disclose the requested information. 16. Third Party Beneficiaries This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties. 17. COVID-19 Requirements City shall comply with all County requirements relating to COVID-19 for persons who routinely perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County, including but not limited to vaccination, as applicable and periodically updated, and available at https://procurement.sccgov.org/doing-business- county/contractor-vaccinations and incorporated herein by this reference. If applicable, City shall complete the Contractor Certification of Compliance with COVID-19 Vaccine Requirements (“Certification”), attached hereto as Exhibit G. City shall comply with the requirements of this Section for the entire term of this Agreement. City shall comply with all reasonable requests by County for documentation demonstrating City’s compliance with this Section. Failure by City to comply with any of the requirements of this Section (including but not limited to vaccination and masking requirements and completion and submittal of the Certification) is a material breach of this Agreement, and the County may, in its sole discretion terminate this Agreement immediately or take other action as the County may determine to be appropriate. 18. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services. (b) Prohibitions. 1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 16 of 18 loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2. Unless an exception in paragraph (c) of this clause applies, City and any contractor and/or subcontractor may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract or other contractual instrument, any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. 1. This clause does not prohibit City or its contractors or subcontractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2. By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. 1. In the event the City or its contractor or subcontractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or City or its contractor or subcontractor is notified of such by a subcontractor at any tier or by any other source, City shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2. City shall report the following information pursuant to paragraph (d)1 of this clause: a. Within one business day for the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Page 17 of 18 b.Within 10 business days of submitting the information in paragraph (d)2a of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e)Subcontracts. City shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 19.Domestic Preferences for Procurement2 a.As appropriate and to the extent consistent with law, City should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and purchase orders for work or products under this agreement. b.For purposes of this section: i.“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ii.“Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 20.Certified Resolution of Signature Authority Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of City. Signed: COUNTY OF SANTA CLARA CITY OF CUPERTINO _________________________ ______ Pamela Wu Date By__________________________ ________ James R. Williams Date County Executive City Manager 2 “Local preference” is still prohibited under 2 CFR Part 200 Section 200.319(c) DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 8/8/2023 Page 18 of 18 Approved as to Form: ____________________________ Date Christopher Jensen Date City Attorney _____________________________ ______ Kirsten Squarcia Date City Clerk Approved as to Form and Legality: ____________________________ Kavita Narayan Chief Assistant County Counsel Enclosures Exhibit A Santa Clara County EMPG Notification of Subrecipient Application Approval Exhibit B Standard Assurances for Cal OES Federal Non-Disaster Grant Programs Exhibit C Certification Regarding Lobbying Exhibit D Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure Exhibit E Project Narrative(s) Exhibit F Functional Timesheet Sample Exhibit G Contractor Certification of Compliance with COVID-19 Vaccine Requirements DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 8/4/2023 8/7/2023 EXHIBIT ADocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 1 of 15 Initials As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. The requirements outlined in these assurances apply to Applicant and any of its subrecipients. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a)Applicable Federal Regulations (see below); (b)Federal Program Notice of Funding Opportunity (NOFO); (c)Federal Preparedness Grants Manual; (d)California Supplement to the NOFO; and (e)Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1.Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a)To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b)Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c)Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; EXHIBIT BDocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 2 of 15 Initials (d)The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e)Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request. 2.Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3.Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c)The Applicant 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. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 3 of 15 Initials The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency. 4.Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b)Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d)Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5.Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including: DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 4 of 15 Initials (a)Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b)Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c)Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d)Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e)Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f)Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. 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 C.F.R. § 100.201); (h)Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i)Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j)California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 5 of 15 Initials (k)DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l)The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n)The requirements of any other nondiscrimination statute(s) that may apply to this application. 6.Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7.Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a)California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b)CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c)Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d)Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 6 of 15 Initials (e)Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f)Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g)Executive Order 11514 which sets forth national environmental standards; (h)Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i)The Safe Drinking Water Act of 1974, (P.L. 93-523); (j)The Endangered Species Act of 1973, (P.L. 93-205); (k)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.); (l)Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) 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. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 7 of 15 Initials 8.Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9.Cooperation and Access to Records The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10.Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11.Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance. 12.Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. 13.Whistleblower Protections The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 8 of 15 Initials 14.Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in 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. 15.Labor Standards The Applicant will comply with the following federal labor standards: (a)The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b)The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16.Worker’s Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17.Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a)Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b)Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients 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; DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 9 of 15 Initials (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 10 of 15 Initials 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG) – PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS The Applicant must acknowledge its 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. 22. Activities Conducted Abroad The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource. 24. Copyright The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 11 of 15 Initials 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status The Applicant is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 The Applicant 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 the March 31, 1981, amendment to Comptroller General Decision B- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 12 of 15 Initials 30. Non-supplanting Requirement If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 13 of 15 Initials 35. USA Patriot Act of 2001 The Applicant must comply with 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. 36. Use of DHS Seal, Logo, and Flags The Applicant must obtain permission from their DHS Financial Assistance Office, 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. 37. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. 38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless: (a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 14 of 15 Initials (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States. The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases. On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 15 of 15 Initials IMPORTANT The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Applicant: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 City Manager City of Cupertino Pamela Wu 8/8/2023 Certification Regarding Lobbying Page 1 of 2 Initials_______ 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 of Lobbying Activities,' in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. EXHIBIT CDocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Certification Regarding Lobbying Page 2 of 2 Initials_______ The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Subrecipient: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________ DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 City Manager 8/8/2023 City of Cupertino Pamela Wu Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure Page 1 of 2 rev. August 2021 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 the Federal Emergency Management Agency, Grant Programs Directorate Information Bulletin No. 350. As defined by the Office of Management Budget, the following are subject to FFATA reporting requirements: 1.All new federal awards of $30,000 or more, as of August 13, 2020. NOTE: Cal OES reports on this requirement in the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS). 2.The Total Compensation and Names of the top five executive, if the Subrecipient in the preceding year received: a.80 percent or more of its annual gross revenues in Federal Awards; and b.$25,000,000 or more in annual gross revenues from Federal awards; and c.The public does not have access to information about the compensation of the senior executives of the entity. Subrecipients are required to provide the Executive compensation information in the below chart, if applicable. Executive Name Title Annual Salary Annual Dollar Value of Benefits Total Compensation Not subject to the Executive Compensation requirement of the FFATA Financial Disclosure. EXHIBIT DDocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 X Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure Page 2 of 2 rev. August 2021 The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipient: ____________________________________________________________________ Signature of Authorized Agent: ___________________________________________________ Printed Name of Authorized Agent: _______________________________________________ Title: _____________________________________ Date: _________________________________ DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 Pamela Wu City of Cupertino 8/8/2023City Manager FY22-Project Request-EMPG EOC TechnologyTechnology 1 2022 EMPG Project Proposal Request Form / Template I.Background Information I A. Requestor Contact Information Agency Santa Clara County Office of Emergency Management Name Ivan Williams Position/Title OAC Liaison/Senior Management Analyst Phone 408-808-7835 Mobile Number Agency Address Office of Emergency Management 55 West Younger Avenue, Suite 450 San Jose, CA 95110 Email ivan.williams@oem.sccgov.org I B.Project Name EOC Technology TOTAL PROJECT COST (Insert the total from Funding section) $80,000 (scalable) I C.Project TypeUse the checkbox to indicate corresponding project ☐This project is a new Project. ☐This project is part of an ongoing Project. ☒This project is for sustainment of a previously funded Project. II.ALIGNMENT WITH NATIONAL PREPAREDNESS GOALS by Core Capability and Mission Area I D.Solution Areas ☐Planning ☐Organization ☒Equipment ☐Training ☐Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐Community Outreach ☐Conference ☐Develop and Enhance Plans, Protocols and Systems ☐Staffing ☐Day to Day Activities/ /operations that support emergency management ☒Information Technology ☒Cyber Security Enhancement Equipment ☒Interoperable Communications Equipment ☒Other Authorized Equipment ☐Staff Expenses ☐Course Development ☐Course Delivery and Evaluation ☐Staff Expenses ☐Certification / Recertification of instructors ☐Design/Develop ☐Conduct / Attend / Evaluate ☐Supplies / Materials / Production Costs EXHIBIT EDocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 FY22-Project Request-EMPG EOC TechnologyTechnology 2 I E. Core Capability and Community Lifelines - Identify each of the 12 Emergency Management Core Capabilities (or other Core Capability) this project addresses as well as the Community Lifeline(s) this project is most likely to help restore. Please check all that apply. ☒ Planning ☒ Public Information & Warning ☒ Operational Coordination ☒ Long-Term Vulnerability Reduction ☐ Risk and Disaster Resilience Assessment ☒ Situational Assessment ☐ Community Resilience ☐ Threats and Hazard Identification ☐ Logistics and Supply Chain ☒ Mass Care Services ☐ Economic Recovery ☐ Other (please specify) _____________________________________________________________________ Please identify the Community Lifelines this project is most likely to help stabilize: ☐ Safety and Security ☒ Food, Water, Shelter ☒ Health and Medical ☒ Energy (Power & Fuel) ☒ Communications ☐ Transportation ☐ Hazardous Materials I F. Project Description/Justification - Briefly describe exactly what the project entails (including any equipment purchases or contracting that will be necessary for the project). Please also describe how the project is expected to impact (improve/sustain) the Core Capability(ies) and restore the Community Lifelines identified above. This project enables Operational Area emergency managers to fully leverage data communication capabilities and sharing of critical information in their EOCs. Laptops and other computers support response and mitigation during emergencies and disasters via common operating picture and resource management web-based programs such as Web EOC, HSIN, COPLink, Mutualink, etc. as well as by supporting situational awareness. Eligibility of Operational Area jurisdictions for this funding is based on the following criteria: Equipment Criteria—Laptops/Computers • Funding is primarily for replacement of existing EOC laptops/computers that are at least 4 years old. • Written justification must be provided if funding is requested for additional laptop capacity (i.e. non-replacement laptops) in the City/Town EOC. This written justification must identify the specific EOC needs the additional laptop(s) would provide for as well as specifically how the laptop will be used in the EOC during an activation. These requests will be evaluated and approved on an individual basis. • Funding is limited to a maximum of $1,900 per computing device (including all peripherals, tax and shipping). • Grant funds generally cannot be used to purchase warranties, maintenance/service agreements, or software that aren’t bundled/included with the laptop unless preapproved. • Any computing device purchased under this project must be capable of running WebEOC—e.g. able to connect to the city/town network and run the necessary browser or other software to access WebEOC. Equipment Criteria—Projectors/Screens/Monitors/Displays/Printers/Laminators/Switches/ Networking/Audio or Visual Communications Equipment (e.g. speakers, microphones, cameras, mixers, etc.) DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 FY22-Project Request-EMPG EOC TechnologyTechnology 3 • Each piece of equipment under this category must be fully described including both equipment quantities and specifications (e.g. 2 50” displays), where in the EOC it will be mounted/ located (e.g. North wall) and how it will be used (e.g. to provide situational awareness, WebEOC status boards, etc.). • Mounted equipment will require State and Federal Environmental and Historic Preservation (EHP) approval prior to purchase of equipment. Forms must be submitted as soon as possible after grant award. • Cost estimates, including actual bids/pricing information for the equipment must be provided to the grant manager for review and approval. The overall EOC technology project budget may require prioritization of individual jurisdiction’s specific technology projects. Satellite Phones • Satellite phone equipment for emergency communication with the City/Town or County EOC may be purchased though the City/Town will be responsible for paying for satellite phone service and any phone maintenance or repair. City/Town Criteria • The City/Town must email their intent to use EMPG funding for computing devices—along with the number and type (e.g. laptop) of devices and any required justifications—by September 30, 2022. • Each City/Town must enter into an MOU with the County for the computers by July 31, 2023. • Each City/Town must procure any approved laptops/computers under an existing competitive contract OR obtain bids (at least 2) in accordance with local (City/Town) and Federal procurement rules (whichever is more restrictive). Each City/Town must procure any approved computers / equipment and submit all invoices to the County Office of Emergency Management by March 31, 2024. I G. Does this project require a sole source? ☐ Yes If “Yes”, please explain ☒ No N/A I H. Installation - Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures? ☒ Yes, If “Yes”, please: ☒ No 1. Provide an explanation AND Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 Specific Jurisdiction equipment may be mounted and require an EHP. Completed EHP forms will be required once a specific project that requires installation is selected. III. FUNDING III A. Proposed funding amount - Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements. (Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded. ELEMENT PROPOSED FUNDING ☐ Planning $ DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 FY22-Project Request-EMPG EOC TechnologyTechnology 4 ☒ Equipment $80,000 ☐ Management & Administration $ ☐ Training $ ☐ Exercise $ TOTAL PROJECT COSTS $ Description of Expenditures That Will Be Used for Project Grant Match OEM Equipment or OEM Personnel Costs AEL # Equipment - Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/authorized-equipment-list ☐ 04HW-01-INHW 04MD-03-DISP 04MD-02-PROJ Information Technology ☐ Cyber Security Enhancement Equipment ☐ 06CC-03-SATP Interoperable Communications Equipment Phone, Satellite Portable ☐ Detection Equipment ☐ CBRNE Reference Materials ☐ CBRNE Incident Response Vehicle ☐ Physical Security Enhancement Equipment ☐ Power Equipment ☐ CBRNE Logistical Support Equipment ☐ 21GN-00-OCEQ Other Authorized Equipment: Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding - List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side) ELEMENT PROPOSED FUNDING ☐ UASI $ ☐ SHSGP $ ☐ General Funds $ ☐ Other Grant Funds $ TOTAL OTHER FUNDING $N/A Other Funds: - Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 FY22-Project Request-EMPG EOC TechnologyTechnology 5 PROJECT MANAGEMENT AND IMPLEMENTATION IV A. Milestones Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2022 EMPG. No start date should begin before July 1, 2022 and no end date should end after March 31, 2024. These dates are subject to change based on notification of application approval. No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent. If unsure of exact dates, use Quarter timeframes Include key steps in the procurement process—i.e. RFP issuance, Contract execution, PR issuance, delivery, etc. MILESTONE NUMBER MILESTONE NAME/DESCRIPTION (1,000 CHARACTER LIMIT) START DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 END DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 1 MOU between City/Town and County in Place As early as Dec 1, 2022 No later than Feb 28, 2023 2 Environmental Historic Preservation (EHP) Forms for FEMA Review Completed (If applicable) As early as Dec 1, 2022 No later than June 30, 2023 3 City/Town Performance Period As early as July 1, 2022 No later than March 31 2024 4 City/Town Procurement of Project Equipment (once grant award is made, MOU is signed, and required EHPs approved) As early as Jan 1, 2023 No later than March 31, 2024 5 Installation and testing of Project Equipment As early as Jan 1, 2023 No later than March 31, 2024 6 City/Town submits invoice to County for reimbursement As early as January 1, 2023 No later than April 15, 2024 IV B. Project Outcomes - Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should address specific community lifelines. EOC laptops and EOC equipment will increase the ability for first responders and emergency managers to effectively collect and provide information and data throughout the operational area and region. In addition, they enhance local emergency managers’ abilities to respond to and mitigate the emergency or disaster. Laptops must meet minimum standard requirements to support WebEOC, HSIN, COPLink, and WebLink as well as other websites and software that may be needed in a disaster. A laminator with the capacity to create large sized documents and maps provides staff with the ability to quickly create operational maps and charts when a hazard occurs. Maps and charts of relevant information, such as the location of the city’s power lines, can be made in advance and prepared so that in an emergent situation they can be quickly accessed and used. Enhanced technology in EOCs create more efficient and effective Emergency Operations Center. The equipment will be interoperable with existing communications systems, enabling live updates during hazard events. Situational awareness will be available to all EOC personnel at all times, with multiple screens in various strategic locations around the room projecting and sharing updated information for events throughout the City/Town as well as the region. Updated technology facilitates the exchange of real time data with outside agencies and provides timely communication and notification to the public when a hazard occurs. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 FY22-Project Request-EMPG EOC TechnologyTechnology 6 IV C. Project Deliverables - Describe the specific deliverables that will be produced as a result of this project. EOC laptops for jurisdictions within the Operational Area capable of supporting and displaying WebEOC, HSIN, COPLink, and WebLink as well as the other work of an Emergency Operations Center during a disaster. EOC displays (projector, monitor, wall maps, etc.) will be upgraded to facilitate better situational awareness and to communicate a common operating picture within the EOC as well as facilitate interoperable communication with the public and outside agencies. New and upgraded audio and visual equipment enhances communication with entities outside the primary EOC location whether during virtual EOC operations (such as during the pandemic) or in coordination with other EOCs, Department Operations Centers (DOCs), Incident Command Posts (ICPs), or others. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 WBS # M T W TH F S S M T W TH F S S TOTAL 12/27/21 12/28/21 12/29/21 12/30/21 12/31/21 1/1/22 1/2/22 1/3/22 1/4/22 1/5/22 1/6/22 1/7/22 1/8/22 1/9/22 HOURS A - EMPG Grant Administration B - EOAC Liaison C - CSTI Training D - EOC Technology E - ReadySCC App F - Preparedness Materials and Outreach G - CADRE Community Preparedness H - Emergency / Risk Communications Officer I - Remote Automated Weather Station (RAWS) Emergency Manager CERT Related Activities Emergency Manager PLANNING Activities Emergency Manager TRAINING Administration, Development and Delivery or EXERCISE Activities Emergency Manager OPERATIONAL READINESS Activities Emergency Manager COVID-19 Related Activities Public Risk Communication Officer/PIO Actitivies STO / Vacation / Leave Total Work Hours Employee Signature Supervisor's Signature 107-G107EM22 PROJECTS HOURS WORKED BY DAY LABOR DISTRIBUTION TIME SHEET Week Ending First and Last Name City/County Participating 1/9/22 Emergency Manager's Name SCC OEM EXHIBIT FDocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH COVID-19 VACCINE REQUIREMENTS (Version Effective September 27, 2022) Contractor Information: Contractor name: Name of Contractor representative: Contractor phone number: Contractor email address: Contractor Certification. On behalf of Contractor, I hereby certify that: 1. Contractor has reviewed and is in compliance with all current County requirements regarding COVID-19 vaccination applicable to contractor’s personnel working at County facilities, including but not limited to the requirements in the County’s memorandum regarding COVID- 19 Vaccine Requirement for County Personnel (“County Vaccine Policy”), the County’s memorandum regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, all current State and County Health Officer orders, and any other County requirements. These memoranda and current County policies are accessible at <https://procurement.sccgov.org/doing-business-county/contractor-vaccinations>. Contractor understands that it is responsible for reviewing and maintaining compliance with all subsequent revisions or amendments to State and County orders and requirements regarding COVID-19. 2.As of the date signed below: a.Contractor understands that it must confirm, and has confirmed, that all of contractor’s personnel (including any subcontractor personnel) who routinely perform services for the County onsite and share airspace with or proximity to other people at an indoor County facility as part of their services for the County 1 are: i.Fully vaccinated against COVID-19 as defined and required in the County Vaccine Policy;2 or 1 As established in the County’s Memorandum Regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, contractors performing work at closed construction sites are not required to comply with the County’s vaccination requirements, but must comply with all applicable federal, state, and local public health laws, including but not limited to any vaccination, testing, and masking requirements. 2 County departments are required by law to implement any State-issued requirements, including ones that are more restrictive than the County’s internal policies. As of the date of this policy, the California Department of Public Health (CDPH) requires that workers in health care facilities, as well as specified workers in custodial settings, obtain a COVID- 19 booster dose. Thus, contractor personnel subject to this CDPH booster requirement are expected to comply with it, in addition to the County’s policy. The exemption process in Section C of the County Vaccine Policy shall apply to any requests for exemption from the State booster requirement. EXHIBIT GDocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3 ii. Have a legally sufficient and approved medical, disability, or religious exemption from vaccination that has been granted by contractor. b. Contractor has verified and will continue to verify the vaccination status of all staff working on site at any County facility, and has obtained proof of vaccination from its staff in a form consistent with the California Department of Public Health’s Vaccine Records Guidelines and Standards. 3. If contractor seeks to send any personnel who are not fully vaccinated to work indoors at any County facility because the contractor has granted them an exemption, contractor shall notify the County in writing by providing a list of any such personnel to the COVID-19 Designee for the department that manages the facility where the contractor personnel will be working at least 96 hours in advance of any such personnel arriving onsite so that the department has sufficient time to determine whether it will approve the contractor’s requests that its personnel work onsite and, if approved, can ensure that the contractor has complied with all applicable COVID- 19 safety requirements for unvaccinated individuals, including, where appliable, regular testing and the use of a fit-tested N95 mask.3 Notice must be separately provided to each department that manages a facility where contractor seeks to assign personnel to work onsite. 4. If any of contractor’s personnel are noncompliant with vaccination or testing requirements, contractor will notify the County Department for which they are providing services immediately and will not permit those personnel to go onsite at a County facility without express written permission from the County. 5. Contractor will comply with all reasonable requests by the County for documentation demonstrating the contractor’s compliance with this Certification. I verify the truth and accuracy of the statements in this Certification under penalty of perjury under the laws of the State of California. _____________________________________ Name of authorized representative of Contractor ________________________________ Title _____________________________________ Signature ________________________________ Date 3 If contractor sends personnel who are not fully vaccinated, it is contractor’s obligation to ensure that it has any necessary authorization under the California Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this information with the County. DocuSign Envelope ID: 3EC1B756-D34B-452D-83CE-7011BB6B64A3