09-075 Homeland Security Memorandum of Understanding FY 2008AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CUPERTINO GRANTING ]PROGRAM FUNDS FOR THE
DISTRIBUTION OF 2008 HOMELAND ;SECURITY GRANT FUNDS
This agreement is made October 23, 2008, by and between the County of Santa Clara
(County) and the City of Cupertino (City/Town) for the distribution of FY 2008 Homeland
Security Grant Program Funds.
RECITALS
WHEREAS, the FY 2008 Homeland Security Grant Program is made up of three grant
programs; the State Homeland Security Program (SHSP, CFDA #97.073), the Urban Area
Security Initiative Grant Program (UASI, CFDA #97.008), and the Metropolitan Medical
Response System Grant Program (MMRS, CFDA #!7.071); and
WHEREAS, the SHSP Program supports the implementation of State Homeland Security
Strategies to address the identified planning, organiz<tion, equipment, training, and exercise
needs for acts of terrorism and other catastrophic events. In addition, SHSP supports the
implementation of the National Preparedness Guidelines, the National Incident Management
System (NIMS), and the National Response Framework (NRF);
WHEREAS, the UASI Program addresses the unique planning, organization, equipment,
training, and exercise needs of high-threat, high density Urban Areas, and assists them in
building an enhanced and sustainable capacity to pr~;vent, protect against, respond to, and
recover from acts of terrorism;
WHEREAS, the MMRS Program enables jurisdictions to further enhance and sustain a
comprehensive regional mass casualty incident response capability during the first critical
hours of an incident. The program prepares jurisdictions for response to all-hazards mass
casualty incidents, including terrorism, naturally occurring events, and large-scale hazardous
materials incidents;
WHEREAS, the State has designated the County of ~'~anta Clara as the Operational Area for
purposes of distributing SHSP Grant funds to the cities, special districts and other entities
within the County. An Anti-Terrorism Approval Body (County Approval Authority) has
been appointed for the purpose of approving the distribution of SHSP funds at the
Operational Area level;
WHEREAS, the State has designated the County to distribute and administer MMRS grant
funds to the City of San Jose;
WHEREAS, the City and County of San Francisco has designated the County to distribute
and administer UASI grant funds at the Operational .Area level;
Page 1 of 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
WHEREAS, on November 20, 2008, the California Emergency Management Agency
awarded the County a Fiscal Year 2008 Homeland Security Grant of $4,064,764. The
allocation of the SHSP grant funds, $3,743,543, will be determined by the County Approval
Authority in accordance with the grant guidelines.
WHEREAS, on October 23, 2008, the City and County of San Francisco awarded the County
a Fiscal Year 2008 UASI grant allocation of $2,296,:341. The allocation of the UASI grant
funds will be determined by the UASI Approval Authority in accordance with the grant
guidelines.
The parties agree as follows:
THE AGREEMENT
Article I. Payment
1. Amount of Payment
The County will provide the City, unless otherwise specified, with the equipment,
supplies and/or other resources set forth in Exhibit A, Project Funding, which is
attached and incorporated into this Agreement. Specifications for such equipment
shall be provided by the City's requesting agency to the County for the appropriate
procurement process. City's requesting agency will be notified when the procurement
process is complete for final approval of equipment prior to the order being placed.
If, through previous agreement with the Coiuity, the City is to procure their own
equipment, performance milestone dates will. apply, refer to Article 2, Section 3.
The County may reallocate SHSP funds as sIecified in Article 1, section 3 of this
Agreement. County does not guarantee a minimum payment to the City.
Funds in the amount of $904,946 have been :yet aside for the training program and
$300,000 for the exercise program from the total Homeland Security grant to be
allocated during the term of this Agreement. The Office of Emergency Services will
allocate training and exercise funds to agencies as determined by the
Training/Exercise Advisory Group.
Funds in the amount of $220,000 have been allocated through UASI for approved
training course expenses. City may be eligible for reimbursement through the County
for authorized training courses.
Authorized personnel budgets are allowable within the Sheriff's Office, County
Office of Emergency Services, Central Fire, z~nd Public Health Emergency Medical
Services. The personnel budget for these departments will reflect the expenditure
authority. Actual reimbursements costs will be requested through the County Office
of Emergency Services. Based on the prf:ference of the Department/Agency,
reimbursement requests may be requested on a monthly or quarterly basis. For
Page 2 of 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
County Departments, reimbursement will be made via inter-county transfer. For all
others, a county warrant will be issued.
2. Maximum Amount Payable
Subject to the availability of funds and they priorities established by the County
Approval Authority, the maximum amount of SHSP Grant funds payable by the
County to the City under this Agreement m~.zst not exceed the total amount of the
FY08 Homeland Security Grant.
3. Reallocation of SHSP Grant Funds
For the purpose of maximizing the resoura~s available for disaster preparedness
within the Operational Area, the City agrees ghat the County Approval Authority may
reallocate funds under this agreement to the City or to another applicant if County
determines that a City is unable to utilize the amount allocated under this Agreement.
County may base its determination on factor; that include, but are not limited to the
following: delivery timelines, fund expenditure capabilities, and timeliness of
expenditure. County will notify the City in writing of any determination to reallocate
funds, by issuing a "Notice of Reallocation." The funds will be put forth to the
County Approval Authority for reallocation. The City agrees that the County has the
authority to increase or decrease the maximum amount payable under this Agreement
as specified in the Notice of Reallocation document and County has the authority to
amend Exhibit A accordingly. Upon issuance, the Notice of Reallocation will
automatically become part of this Agreemem:.
Article II. Use of Funds.
1. Scope of Services
(a) If the City has been allocated funding for a project, Exhibit A, "SHSP Project
Funding," will serve as the basis for the I~roject. A further detailed description
may be necessary and will be requested by the County if needed to be
incorporated by reference herein. If future funding is allocated, the City will
provide a detailed description of the approved project to be attached hereto and
incorporated by reference herein.
(b) The City will use the funds granted under this Agreement only for the purpose of
obtaining equipment, training and exercise and implementing applicable
programs authorized under the Fiscal Fear 2008 Homeland Security Grant
Program.
(c) The City will use funds and equipment granted under this Agreement in a manner
consistent with:
Page 3 of 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
1. the applications submitted by the Co~.~nty to the State for the grant under this
Agreement;
2. the grant guidance issued by the State for the grant under this Agreement; and
3. the notifications issued by the State of the approval of the grant under this
Agreement.
(d) The documents described in Article II 1(c) (1)-(3) ofthis Agreement (collectively
the "State Grant Requirements") are on file with the County and the granting
agencies of the State, and are hereby incorporated into this Agreement. The City
hereby acknowledges that it has received a copy of the State Grant Requirements.
2. Master Grant Obligations
(a) The City agrees to comply with all applicable requirements and assurances
contained in the State Grant Requirement; and attached as Exhibit B, "Grant
Assurances". The City may designate vendors or sub-recipients to fulfill these
obligations, including all State Grant Requirements and Grant Assurances.
(b) If any provisions ofthis Agreement conflict with the State Grant Requirements,
the provisions of the State Grant Requirements will control.
(c) The City shall establish and maintain administrative, programmatic and fiscal
management records in accordance with federal and state requirements, and:
1. Maintain financial management systems that support grant activities in
accordance with federal and state requirements, including but not limited to
requirements in 44 Code of Federal F:egulations ("C.F.R.") Part 13.20, and the
Office of Justice Programs Financial and Administrative Guide for Grants,
Part II, Chapter 3.
2. The County of Santa Clara will provide and affix equipment tracking numbers
for all equipment purchased through ~~ur procurement process. Using the
County issued tracking number, the city/town will maintain an equipment
tracking ledger that tracks the equipment within their city/town and complies
with federal and state requirements, i ncluding but not limited to requirements
in 44 C.F.R. Parts 13.32 and 13.33, and the Office of Justice Programs
Financial and Administrative Guide for Grants, Part III, Chapter 6.
(d) The city/town will ensure that any subrec;ipients or contractors with which the
city/town enters any agreement comply v~~ith the certification requirements under
44 C.F.R. Part 13.35, "Sub-Awards to l;~ebarred and Suspended Parties".
Page 4 oi' 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
3. Performance and Reporting Requirements
(a) If previously approved by the County anti the City is conducting the purchasing
process, the City will comply with the performance milestone dates as indicated
on Attachment A.
(b) Performance reports, indicating the statu;~ of outstanding projects are due to the
County representative identified in Secti~~n 5.1 as follows:
Performance Period 1 (July 1, 2009 -December 31, 2009) -due by January 15, 2010
Performance Period 2 January 1, 2010 -June 30, 2010) -due by July 15, 2010
Performance Period 3 (July 1, 2010 -December 31, 2010) -due January 15, 2011
(c) The County will provide the City with a rc;port template, (Exhibit C) and the City
will utilize the template.
(d) Payments made by County to the City are conditioned upon the timely receipt of
applicable, accurate and complete report: to be submitted by the City.
(e) The City will notify the County representative identified in Section 5.1, within 15
days, when the City has completed all performance obligations for these grants.
(f) City will provide single audit reports to County by July 31St of every fiscal
year.
4. Disallowances
(a) During the term of this Agreement, Courrty is not obligated to honor any claim for
payment that is submitted more than three months following the date of the service
for which payment is requested.
(b) All requests for reimbursement must be ~.ubmitted by December 31, 2010. County
will not process any claims submitted after this date.
Article III. Term and Termination.
1. Term of Agreement
This Agreement is effective from October 23, 2008 through December 31, 2010.
2. Termination
(a) Either party may terminate this Agreeme~lt for cause upon written notice to the
other. Cause includes, but is not limited t~~ a material breach of this Agreement,
or a violation of any applicable laws.
Page 5 01' 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
(b) Opportunity to cure. The non-breaching; party will give written notice of the
breach to the breaching party, specifying 1:he breach. The breaching party will not
be deemed in default hereunder and the non-breaching party will 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
giving of such notice of breach or within ;;uch longer period as may be reasonably
required to cure, correct or remedy the breach, provided the breaching party has
commenced such cure, correction or remedy within such thirty (30) day period
and diligently and continuously pursues :;uch cure, correction or remedy.
(c) If this Agreement is terminated, the City will return funding in accordance with
grant guidelines.
(d) Budget Contingency
This Agreement is contingent upon the appropriation of sufficient funding by the
state and County for the services covered- by this Agreement. If funding is
reduced or deleted for the services covered by this Agreement, the County has the
option to either terminate this Agreemen~ with no liability occurring to the County
or to offer an amendment to this Agreement indicating the reduced amount.
Article IV. Liabilities.
1. Mutual Indemnification
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between the parties pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by .a party shall not be shared pro rata but
instead the County and the City agree that pursuant to Government Code Section
895.4, each of the parties hereto shall fully indemnify and hold each of the other
parties, their officers, board members, employees and agents, harmless from any
claim, expense or cost, damage or liabilit:/ imposed for injury (as defined by
Government Code Section 810.8) occurrin;; by reason of the negligent acts or
omissions or willful misconduct of the in~~emnifying party, its officers, board
members, employees or agents, under or in connection with or arising out of any
work, authority or jurisdiction delegated to :;uch party under this Agreement. No
party, nor any officer, board member, employee or agent thereof shall be responsible
for any damage or liability occurring by reason of the negligent acts or omissions or
willful misconduct of other parties hereto, their officers, board members, employees
or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such other parties under this Agreement.
Page 6 0}'9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
Article V. Miscellaneous.
1. Notice
All notices required by this Agreement will lbe deemed given when in writing and
delivered personally or deposited in the iJnited States mail, postage prepaid,
addressed to the other party at the address set forth below or at such other address as
the party may designate in writing:
To the City:
Marsha Hovey, Emergency Preparedness Coordinator
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3232
To the County:
Diane Stambaugh, Grants Manager
County of Santa Clara, Office of Emergency Services
55 W. Younger Ave., Suite 450
San Jose, CA 95110
2. Compliance and Nondiscrimination
The parties will comply with all applicable Federal, State, and local laws and regulations. Such
laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as
amended, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973
(Sections 503 and 504), the California Fair Employment and Housing Act (Government Code
sections 12900 et seq.), and California Labor Code sections 1101 and 1102. The parties will
not discriminate against any subcontractor, employee, or applicant for employment because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rt~tes of pay or other forms of compensation. Nor
will the parties discriminate in the provision of services provided under this Agreement
because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation,
mental disability, physical disability, medical condition, political beliefs, organizational
affiliations, or marital status.
3. Governing Law
This Agreement has been executed and delivered in, and will be construed and enforced in
accordance with, the laws of the State of California.
Page 7 of 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
4. Assignment
The parties may not assign this Agreement or the rights and obligations hereunder without
the specific written consent of the other.
5. Entire Agreement
This document represents the entire Agreement between the parties with respect to the subject
matter hereof. All prior negotiations and written and/or oral agreements between the parties
with respect to the subject matter of this Agr~;ement are merged into this Agreement.
6. Amendments
This Agreement may only be amended by an instrument signed by the parties.
7. Counterparts
This Agreement maybe executed in one or more counterparts, each of which will be deemed to
be an original, but all of which together shall constitute one and the same instrument.
8. Severability
If any provision of this Agreement is found ley a court of competent jurisdiction to be void,
invalid or unenforceable, the same will 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.
9. Waiver
No delay or failure to require performance of ~tny provision of this Agreement will constitute a
waiver of that provision as to that or any other instance. Any waiver granted by a party must
be in writing, and will apply solely to the specific instance expressly stated.
10. Conflict of Interest
In accepting this Agreement, City covenant: that it presently has no interest and will 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.
11. Certified Resolution of Signature Authority
Upon request of Santa Clara County, City will deliver to Santa Clara County a copy of the
resolution(s) authorizing the execution, delive-ry and performance of this Agreement, certified
Page 8 of 9
Agreement between the County of SC and City of Cupertino
Granting Funds for FY 08 Homeland Security Grant Program
FY08
Allocated Project Funding
State
Pro' #
Disc.
Re uestin A enc
Title
Funded Amount Performance
Milestone
Dates
B Other OES Contractor to facilitate the Train ng/Exercise
Pro ram $ 86,000 __ _
B EMS EMS Contractor Positions $ 75 000 6/30/2010
C All All A encies Trainin Pro ram $ 570,019
C All All Law A encies Law Enforcement PPE Trainin $ 334,927
C All All A encies Exercise Pro ram $ 300,000
D Other SCCEMA, Volunteer
Work rou Spontaneous Volunteer Management $ 70,000
9/30/2010
D Other SCCEMA, Vulnerable
Po ulalions Subcommittee Collaborative Planning for Vulnerable
Po ulations $ 117,500
9/30/2010
D Other SCCEMA CERT
Subcommittee CERT PPE's and Equipment $ 61,500
6/30/2009
D
Other
EMS Silicon Valley Disaster Resiliency Center -
Develop Project Management & Governance
Structure
$ 150,000
9/30/2010
D Other OES School Pre aredness Outreach Pr ram $ 50,000 9/30/2010
E EMS EMS ChemPack Medical Su lies $ 10,000 7/31/2009
F Law SJPD Personal Protective E ui ment $ 500,000 1/31/2010
F Fire S'Vale DPS Misc. Personal Protective & Detection
E ui ment $ 21,390
1/31/2010
F
Fire
SCCO FIRE Powered Aire purifying respiratcrs and spare
batteries for the Santa Clara County Arson
Task Force
$ 7,000
1
/3
1
/201
0
F
Fire
City of Santa Clara Fire
De 1.
ppE Suits
$ 23,850 _
__
_
_
_
_
1/31!2010
F
Fire
SCCO FIRE Ballistic Personal Body Armor ensembles for
Santa Clara County personnel that participate
in the Count Arson Task Force
$ 3,000
1/31/2010
F
EMS
EMS Personal Protective Equipment for Private
Ambulance Providers and Medical Volunteers
for Disaster Res onse
$ 75,000
1/31/2010
F EMS EMS Personal Protective Equipment for Public
Health De artmenl Personnel $ 50,000
1/31/2010
G Fire SCCO FIRE Sulfur Dioxide gasket sets for ore tone
c tinders and railcar $ 2,000
12/31/2009
G Fire SCCO FIRE Pneumatic sealin / lu in kits $ 3,000 ____
12/31/2009
G Fire SCCO FIRE Ultrasonic Leak Detectors $ 4,000 _
12/31/
200
9
G
Fire
SCCO FIRE
Equipment trailers complete witFi CL605
Command light, and 3KW generator, interior
roof li hts and shore ower ca sibilites
$ 15,000 _
_
_
12/31/2009
G Law Palo Alto PD CBRNE Incident Res onse Vehicles $ 150,000 12/31/2009
G Fire SCCO FIRE 18.2 volt batteries for US&R Tra.lers $ 3,000 12/31/2009
G Fire City of Santa Clara Fire
De t. Detectors, Leak $ 810
12/31/2009
G Fire City of Santa Clara Fire
De t. CBRNE non-sparking tool kit $ 1,356
12/31/2009
G
Fire
City of Santa Clara Fire
De t.
personal Electronic Dosimeters
$ 1,749 _
12/31/2009
G Fire City of Santa Clara Fire
De 1. Flame Ionization Detector $ 8,905
12/31/2009
G Fire S'Vale DPS O ticslfhermal Ima in Bullard T3MAX TIC $ 15,000 12/31/2009
G Fire City of Santa Clara Fire
De t. Search Cameras $ 16,532
12/31/2009
H Law Sheriffs Office Remote Firin Devices $ 11,000 12/31/2009
H Law Sheriffs Office Fiber Optics Search Kits for IED investigation
and remediation $ 30,000
12/31/2009
H Law Sheriffs Office ScanX12 di ital X-ra s stem $ 32,000 12/31/2009
H Law SJPD Lar a Vehicle Bomb Counterme+esure $ 35,000 12/31/2009
H Law Sheriffs Office Remolec Hazardous Dut Robot F6A Vehicle $ 125,000 12/31/2009
I Law Sheriffs Office Portable Radios $ 40,000 _ __
8/31/2009
I Fire SCCO FIRE Portable Radios & Asseccories $ 9,000 8/31/2009
I Fire SCCO FIRE Satellite Tele hones $ 6,000 _
8/31/2009
J
Other
ISD Licensing & Software costs to fa~:ililate
evacuation planning, pre-planning, modeling,
routin and schedulin
$ 300,000
1 013 1 /2 009
J Fire SCCO FIRE High quality camera & accessories for the
Santa Clara Count Arson Task Force $ 5,000
10/31/2009
$ 3,319,538 _
A Other OES M/A - 1/2 time sala costs 87 012
$ 87,012
A EMS EMS Plannin /Trainin /Exercise Coordinator $ 160,000 9/30/2010
A Fire SCCO FIRE Sala Costs for CMTF Fire Position $ 150,633 9/30/2010
A Law Sheriffs Office Sala Costs for CMTF Law Position $ 150 000 9/30/2010
$ 460,633 $ 3,867,183
K Cit of San Jose MMRS $ 321,221 10/31/2010
UASI
Pro' C
All
Trainin throw h FY2008 UASI Grant Pro ram
$ 220 000
9/30/2010
Appendix B
Grant Assurances
As the duly authorized representative of the City/Town, I certify that the Grantee:
1. Has the legal authority to apply for federal assistance, and has the
institutional, managerial and financial capability to ensure proper planning,
management and completion of thf; grant provided by the federal Department
of Homeland Security and sub-granted through the State of California,
Governor's Office of Homeland Security;
2. Will assure that grant funds are only used for allowable, fair, and reasonable
costs and is prohibited from transfc;rring funds between programs (State
Homeland Security Program, Urban Area Security Initiative, Citizen Corps
Program, and Metropolitan Medic~il Response System);
Will give the federal government, ~:he General Accounting Office, The
Comptroller General of the United States, the State of California, through any
authorized representative, access to and the right to examine all paper or
electronic records, books, papers, or documents related to the award; and will
establish a proper accounting system in accordance with general accepted
accounting standards or awarding ~igency directives;
4. Agrees that funds utilized to establish or enhance state and local fusion centers
must support the development of a statewide fusion process that corresponds
with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion
Center Guidelines and achievement of a baseline level of capability as defined
by the Fusion Capability Planning Tool;
5. Will provide progress reports and such other information as may be required
by the awarding agency, including the Initial Strategy Implementation Plan.
(ISIP) within 45 (forty-five) days of the award, and update via a report in the
Grant Reporting Tool (GRT) twice a year;;
6. Will initiate and complete the wort: within the applicable time frame after
receipt of approval from OHS;
7. Will comply with FEMA's codified regulation 44 Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, including part 13.1 regarding the payment of interest
earned on advances;
8. Will establish safeguards to prohibit employees from using their positions for
a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain for themselves or others,
particularly those with whom they have family, business or other ties;
B-1
Appendix B
9. Agrees that to the extent contractors or subcontractors are utilized, grantees
and subgrantees shall use small, minority, women-owned, or disadvantaged
business concerns and contractors or subcontractors to the extent practicable;
10. Will comply with 2 CFR 215.25 and will notify OHS of any developments
that have a significant impact on award-supported activities, including
changes to key program staff;
11. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in
construction or rehabilitation of residence structures.
12. Understands and agrees Federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification, or adoption of any law,
regulation, or policy, at any level of government, without the express prior
written approval of FEMA;
13. Will comply with all federal statutes relating to discrimination. These include
but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended,
which prohibits discrimination on the basis of race, color, or
national origin;
b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§ 1681-1683 and 1685-1686), which prohibits
discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794) which prohibits discrimination on the basis of
handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§
6101-6107) which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255)
as amended, relating to nondiscrimination on the basis of drug
abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
g) §§ 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd-3 and 290-ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;
h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing;
i) Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E
and G;
B-2
Appendix B
j) Title 28, CFR, Part 35;
k) Any other nondiscrimi~iation provisions in the specific statute(s)
under which application for federal assistance is being made, and
1) Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination;
m) The requirements on ar~y other nondiscrimination statute(s) which
may apply to the application;
n) Will, in the event a Federal or State court or Federal or State
administrative agency makes a finding of discrimination after a
due process hearing on the grounds of race, color, religion,
national origin, gender, or disability against a recipient of funds,
the recipient will forward a copy of the finding to the Office of
Civil Rights, Office of Justice Programs;
o) Will provide an Equal Employment Opportunity Plan, if
applicable, to the Department of Justice Office of Civil Rights
within 60 days of grant award;
p) Will comply, and assure the compliance of all its subgrantees and
contractors, with the nondiscrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
42 USC 3789(d), or the Juvenile Justice and Delinquency
Prevention Act, or the `dictims of Crime Act, as appropriate; the
provision of the current: edition of the Office of Justice Programs
Financial and Administrative Guide for Grants, M7100.1.
14. Will comply, or has already complied, with the requirements of Titles II and
III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. § ~~601 et seq., P.L. 91-646) which provides
for fair and equitable treatment of :persons displaced or whose property is
acquired as a result of federal or federally assisted programs. These
requirements apply to all interested in real property acquired for project
purposes regardless of federal participation in purchases. Will also comply
with Title 44 Code of Federal Reg~.~lations, Part 25, Uniform Relocation
Assistance and Real Property Acq~zisition for Federal and federally-assisted
programs;
15. Will comply, if applicable, with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)
which requires recipients in a special flood hazard area to participate in the
program and to purchase flood ins~zrance if the total cost of insurable
construction and acquisition is $10,000 or more;
16. Will comply with all applicable Federal, State, and local environmental and
historical preservation (EHP) requirements. Failure to meet Federal, State,
and local EHP requirements and obtain applicable permits may jeopardize
Federal funding. Will comply with all conditions placed on any project as the
result of the EHP review; any change to the scope of work of a project will
require re-evaluation of compliance with these EHP requirements;
B-3
Appendix B
17. Agrees not to undertake any project having the potential to impact the EHP
resources without the prior written approval of FEMA/OHS, including but not
limited to communications towers, physical security enhancements, new
construction and modifications to buildings that are 50 (fifty) years old or
more. Any construction related activities initiated prior to full environmental
and historic preservation (EHP) review will result in anon-compliance
finding. If ground disturbing activities occur during the project
implementation, the recipient must ensure monitoring of the ground
disturbance and if any potential archeologist resources are discovered, the
recipient will immediately cease activity in that area and notify OHS/FEMA
and the appropriate State Historic Preservation Office;
18. Will ensure that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of this project are not listed in the
Environmental Protection Agency's (EPA) list of Violating Facilities, and will
notify OHS and the Federal Grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for
listing by the EPA;
19. Will provide any information requested by FEMA/OHS to insure compliance
with applicable laws including the following:
a) Institution of environmental quality control measures under the
National Environmental Policy Act, National Historical
Preservation Act, Archaeological and Historic Preservation Act,
Endangered Species Act, and Executive Orders on Floodplains
(EO11988), Wetlands (11990) and Environmental Justice (12898)
and Environmental Quality (EO11514);
b) Title 44 CFR Parts (and 10, referencing floodplain management
and environmental considerations;
c) Notification of violating facilities pursuant to EO 11738;
d) 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.);
e) Conformity of federal actions to State (Clean Air) Implementation
Plans under Section 176 (c) of the Clean Air Act of 1955, as
amended (42 U.S.C. § 7401 et seq.);
f) Protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended, (P.L. 93-523);
g) California Environmental Quality Act (CEQA). California Public
Resources Code Sections 21080-21098. California Code of
Regulations, Title 14, Chapter3 Section 15000-15007;
h) Wild and Scenic River Act of 1968 (16 U.S.C. §§ 1271 et.seq.)
related to protecting components or potential components of the
national wild and scenic river systems;
B-4
Appendix B
i) Applicable provisions of the Coastal Barrier Resources Act (P.L.
97-348) dated October 19, 1982 (16 U.S.C. 3501 et seq.) which
prohibits the expenditure of most new Federal funds within the
units of the Coastal Barrier Resources System;
j) Will comply with all conditions placed on any project as a result of
the EHP review; any change to the scope of work of a project will
require re-evaluation o~~ compliance with these EHP requirements;
k) Agrees not to undertake any project having the potential to impact
the EHP resources without prior written approval of FEMA/OHS,
including but not limitF~d to communications towers, physical
security enhancements. new construction and modifications to
buildings that are 50 (fifty) years old or more.
20. Will comply with Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act, Government
Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19,
Sections 2445, 2446, 2447, and 2448.
21. Agrees that all publications created or published with funding under this grant
shall prominently contain the following statement: "This document was
prepared under a grant from FEll~1"A 's Grant Programs Directorate, U. S.
Department of Homeland Security. Points of view or opinions expressed in
this document are those of the autl Tors and do not necessarily represent the
official position or policies of FE~l1A's Grant Programs Directorate or the
U. S. Department of Homeland Security. " The recipient also agrees that, when
practicable, any equipment purchased with grant funds shall be prominently
marked as follows: "Purchased with funds provided by the U. S. Department
of Homeland Security. "
22. Has requested through the State of California, federal financial assistance to
be used to perform eligible work approved in the submitted application for
federal assistance and after receipt of federal financial assistance, through the
State of California, agree to the following:
a) Promptly return to thc; State of California all the funds received
which exceed the approved, actual expenditures as accepted by
the federal or state government.
b) In the event the approved amount of the grant is reduced, the
reimbursement applicable to the amount of the reduction will be
promptly refunded to the State of California.
c) Separately account for interest earned on grant funds, and will
return all interest earned, in excess of $100 per federal fiscal
year.
23. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.
Sections 4728-4763) relating to pr~;scribed standards for merit systems for
programs funded under one of the nineteen statutes or regulations specified in
B-:~
Appendix B
Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
24. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508
and 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with federal
funds.
25. Will comply with P.L. 93-348 regarding the protection of human subjects
involved in research, development, and related activities supported by this
award of assistance.
26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966
(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care,
handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by this award of assistance. FY06 Homeland
Security Grant Program Page 46.
27. Will comply with the minimum wage and maximum hour provisions of the
Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees
of institutions of higher education, hospitals, and other non-profit
organizations.
28. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40
U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c
and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for
federally assisted construction sub-agreements.
29. Agrees that:
a) No federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the making
of any federal grant, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any federal grant or cooperative agreement;
b) If any other funds than federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or an employee of Congress, or employee of a Member of
Congress in connection with the federal grant or cooperative
agreement, the undersigned shall complete and submit Standard
Form LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions;
B-6
Appendix B
c) The undersigned shall require that the language of this
certification be included in the award documents for all sub
awards at all tiers inc:~uding subgrants, contracts under grants and
cooperative agreements, and subcontract(s) and that all sub
recipients shall certif~~ and disclose accordingly.
d) This certification is a material representation of fact upon which
reliance was placed ~n~hen this transaction was made and 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 mores than $100,000 for each such failure.
30. Agrees that equipment acquired or obtained with grant funds:
a) Will be made available pursuant to applicable terms of the
California Disaster ar.~,d Civil Defense Master Mutual Aid
Agreement in consultation with representatives of the various
fire, emergency medi~~al, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the
applicant, and deployed with personnel trained in the use of such
equipment in a mannf~r consistent with the California Law
Enforcement Mutual .Aid Plan or the California Fire Services and
Rescue Mutual Aid Plan;
b) Is consistent with needs as identified in the State Homeland
Security Strategy and will be deployed in conformance with that
Strategy.
31. Agrees that funds awarded under this grant will be used to supplement
existing funds for program activitif;s, and will not supplant (replace) non-
federal funds.
32. Will comply with all applicable Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-
110, A-122, and A-133, E.O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements contained in Title 28,
Code of Federal Regulations, Part X56 or 70, that govern the application,
acceptance and use of Federal fund's for this federally-assisted project.
33. Will comply with provisions of 28 CFR applicable to grants and cooperative
agreements, including:
a) Part 18, Administrative Review Procedures;
b) Part 20, Criminal Justice Information Systems;
c) Part 22, Confidentiality of Identifiable Research and Statistical
Information;
d) Part 23, Criminal Intelligence Systems Operating Policies;
e) Part 30, Intergovernmental Review of Department of Justice
Programs and Activities;
B-"~
Appendix B
f) Part 35, Nondiscrimination on the Basis of Disability in State and
Local Government Services;
g) Part 38, Equal Treatment of Faith-based Organizations;
h) Part 63, Floodplain Management and Wetland Protection
Procedures;
i) Part 42, Nondiscrimination/Equal Employment Opportunities
Policies and Procedures;
j) Part 61, Procedures for Implementing the National
Environmental Policy Act;
k) Part 64, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal
Assistance Programs;
1) Part66, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments;
m) Part 67, Government-Wide Debarment and Suspension (Non-
Procurement);
n) Part 69, New Restrictions on Lobbying;
o) Part 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements (including sub-awards) with
Institutions of Higher Learning, Hospitals, and other Non-Profit
Organizations;
p) Part 83, Government-Wide Requirements for a Drug Free
Workplace (grants).
34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act
(ADA) 1990;
35. Agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the
provision of any information required for the assessment or evaluation of any
activities within this agreement;
36. Will maintain procedures to minimize the time elapsing between the award of
funds and the disbursement of funds;
37. Will comply with the financial and administrative requirements set forth in the
current edition of the Office of Justice Programs (OJP) Financial Guide and
the current US Department of Homeland Security (DHS) Financial
Management Guide;
38. Agrees that all allocations and use of funds under this grant will be in
accordance with the FY2008 Homeland Security Grant Program Guidance
and Application Kit, and the California Supplement to the FY2008 Homeland
Security Program Guidance and Application Kit. All allocations and use of
funds under this grant will be in accordance with the Allocations, and use of
grant funding must support the goals and objectives included in the State
B-8
Appendix B
and/or Urban Area Homeland Security Strategies as well as the investments
identified in the Investment Justifi~~ations which were submitted as part of the
California FY2008 Homeland Sec~.~rity Grant Program application. Further,
use of FY2008 funds is limited to those investments included in the California
FY2008 Investment Justifications ;submitted to DHS/FEMA and evaluated
through the peer review process;
39. Acknowledges that FEMA reserves aroyalty-free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize
others to use, for Federal Government purposes: a) the copyright in any work
developed under an award or sub-<<ward; and b) any rights of copyright to
which a recipient or sub-recipient purchases ownership with federal support.
The recipient agrees to consult with GPD regarding the allocation of any
patent rights that arise from, or are purchased with, this funding;
40. Will not make any award or permit any award (subgrant or contract) to any
party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive
Order 12549 and 12689, "Debarment and Suspension."
41. As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary
covered transactions, as defined at 28 CFR Part 67, Section 67.510
A. The applicant certifies that it and its principles:
(a) Are not presently debarred, suspended, proposed for
debarrment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal
department or a;;ency
(b) Have not, within athree-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 St~rte antitrust statutes or commissions 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 ley a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated
in paragraph. (1)(b) of this certification;
(d) Have not within athree-year period preceding this
B-9
Appendix B
application had one or more public transactions (Federal,
State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
42. As required by the Drug Free Workplace Act of 1988, and implemented at 28
CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections
67-615 and 67-620.
A. The applicant certifies that it will or will continue to provide adrug-free
workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employee:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug
-free workplace;
(3) Any available drug counseling,
rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon
employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the
statement required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her
conviction for a violation of a criminal drug
statutes occurring in the workplace no later
that five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must
provide notice, including position title, to:
Department of Justice, Office of Justice Programs,
B-10
Appendix B
Attn: Control L>esk
633 Indiana Ave., N.W.
Washington, D.C. 20531
Notice shall include the identification number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted
(1) Taking appropriate personnel action against
such an employee, up to and including
termination, consistent with the
requirements of the Rehabilitation Act of
1973, as amended; or
(2) F:equiring such employee to participate
satisfactorily in a drug abuse assistance or
rehabilitation program approved for such
f~urposes by a Federal, State, or local health,
l;~w enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain adrug-
free workplace through implementation of paragraphs (a),
(b), (c), (d), (e), and (f).
43. Will comply with all applicable requirements of all other federal laws,
executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this program.
44. Understands that failure to comply wit any of the above assurances may result
in suspension, termination or reduction of grant funds.
As the duly appointed representative of the City, I hereby certify that the City will
comply with the above certifications.
The undersigned represents that he/she is ~iuthorized by the above named City to enter
into this agreement for and on b if of sai City.
Signature for Authorized Agent: (~CJ~~ n l'
Printed Name of Authorized Agent: ~/ ~ ~ ~ k AIQ~/~(~
Title: (~ Q„~ Date: ~ . (, . D`7
B-11
Exhibit C
Performance Report
FISCAL YEAR 2008 Homeland Security Grant Program
Reporting City:
Performance Period: from to
(see Agreement with County for Performance Period date)
Mailing Instructions: Please complete the performance report and return it by
to: (see Agreement with County for Performance Period dates)
Santa Clara County Office of Emergency Services
Attention: Diane Stambaugh
55 West Younger Ave, Suite 450
San Jose CA, 95110
Questions regarding the completion of this performance report should be directed to Santa Clara
County Office of Emergency Services (408 )808-7fs08. Questions can also be sent via email to
diane.stambaughCc~oes.sccgov.orq. Reports can bf: faxed to (408)294-4689, with a hard copy of the
report mailed to the above address.
Part I -City Contact Information
Authorized person who is responsible for completing this form:
Name
Title
Mailing
Address,
Phone_
e-mail
Fax