11-104 G4 Global Tech Inc., City Incident Reporter Upgrade AGRIEEMENT
; Ii ip:
,., CITY OF CUPERTINO
City of 10300 Torre Avenue
Cupertino Cupertino, CA 95014 �00�7 ��3
408 - 777 -3200 NO.
BY THIS AGREEMENT made and entered into on the 12 day of SPptPmbPr 2011
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) GLL r_i o bal Tech Inc _ — (2)
Address 20/18 Palace Way City Allen, TX Zip7-5013 Phone 214-509-86 77
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials:
Upgrade City of Cupertino Incident Reporter on -line map to include statewide resource
capability
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
See attached scope of servcies
TERMS: The services and /or materials furnished under this Agreement shall commence on 9/12/11
and shall be completed before 3/31/12
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$50,000.00
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because
of the race, color, national origin, ancestry, religion or :;ex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed
to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations
in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this
Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes
or variations of any kind are authorized without the written consent of the City.
CONTRACT CO- ORDINATOR and representative for CITY shall be:
% -1-
- ENTERED
NAME Carol A. Atwood DEPARTMENT ,
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF UPERTINO:
By %4p c , v (lei) ( u By ✓ CArZCA-ArhIcrO ro
Title /r c i , ( Title Bettor of Administrative Services
Seer-Sec. # f i g' S' f
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD { " DA ACCOUNT NUMBER AMOUNT
1` de-G ZL -r7 '6 /c / 1C //D —Woo— ono
CIT v RK DATE
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CITY :°,I_ERK COPY
AGREEMENT BETWEEN THE CITY AND COUNTY OF
SAN FRANCISCO AND THE CITY OF CUPERTINO
FOR THE DISTRIBUTION OF FY 2009 UASI REGIONAL FUNDS
FIRST AMENDMENT
THIS AMENDMENT (this "Amendment ") is made as of August 1, 2011, in San Francisco, California,
by and between the CITY OF CUPERTINO ( "CUPERTINO ") and the City and County of San
Francisco, a municipal corporation (`City "), in its capacity as fiscal agent for the UASI Approval
Authority, acting by and through the San Francisco Department of Emergency Management.
RECITALS
WHEREAS, City and CUPERTINO have entered into the Agreement (as defined below); and
WHEREAS, City and CUPERTINO desire to modify the Agreement on the terms and conditions set forth
herein;
NOW, THEREFORE, CUPERTINO and the City agree as follows:
1. Definitions. The following definitions shall apply to this Amendment:
a. Agreement. The term "Agreement" shall mean the "Agreement between the City and
County of San Francisco and City of CUPERTINO for the Distribution of FY 2009 UASI Regional
Funds" dated October 1, 2009 between CUPERTINO and City.
b. Other Terms. Terms used and not defined in this Amendment shall have the meanings
assigned to such terms in the Agreement.
2. Modifications to the Agreement. The Agreement is hereby modified as follows:
a. Section 3.1, Duration of Term. Section 3.1 of the Agreement currently reads as follows:
The term of this Agreement shall commence on OCTOBER 1, 2009 and shall end at 11:59 p.m.
San Francisco time on DECEMBER 30, 2011.
Such section is hereby amended in its entirety to read as follows:
The term of this Agreement shall commence on OCTOBER 1, 2009 and shall end at 11:59 p.m.
San Francisco time on MARCH 31, 2012.
b. Section 3.2, Maximum Amount of Funds. Section 3.2 of the Agreement currently reads as
follows:
In no event shall the amount of Grant Funds disbursed hereunder exceed FIFTY FIVE THOUSAND
DOLLARS ($55,000).
Such section is hereby amended in its entirety to read as follows:
In no event shall the amount of Grant Funds disbursed hereunder exceed ONE HUNDRED FIVE
THOUSAND DOLLARS ($105,000).
UASI FY09 - CUPERTINO 1st amendment 1 of 3 August 1, 2011
c. Section 3.12, Deadline for Final Requests for Reimbursement. Section 3.12 of the
Agreement currently reads as follows:
All requests for reimbursements must be submitted by November 30, 2011, unless an earlier deadline is
set in Appendix A.
Such Section is hereby amended in its entirety to read as follows:
All requests for reimbursements must be submitted by March 31, 2012, unless an earlier deadline is set in
Appendix A.
d. Appendix A, Authorized Expenditures and Timelines. Appendix A includes project
descriptions, deliverables, not to exceed ( "NTE ") amounts, and deadlines for deliverables.
Such Appendix is hereby amended to reflect the following:
i) The addition of planning funds for a total amount not to exceed $105,000 to expand the
California Metrics Project being led by the City of Cupertino on behalf of the Bay Area
Region; and
ii) The extension of deadlines consistent with the extended term of the agreement.
A revised Appendix A is attached to this First Amendment and incorporated by reference as though fully
set forth herein. The attached Appendix A supersedes all prior versions of Appendix A.
e. Appendix B, Grant Assurances. Appendix B contains the applicable grant assurances.
Appendix B is not amended but CUPERTINO is re- signing Appendix B in executing this First
Amendment, to certify its current compliance with all applicable grant assurances.
3. Effective Date. Each of the modifications set forth in Section 2 shall be effective on and after the
date of this Amendment.
4. Legal Effect. Except as expressly modified by this Amendment, all of the terms and conditions of
the Agreement shall remain unchanged and in full force and effect.
UASI FY09 - CUPERTINO 1st amendment 2 of 3 August 1, 2011
•
IN WITNESS WHEREOF, CUPERTINO and City have executed this Amendment as of the date first
referenced above.
CITY: CUPERTINO:
SAN FRANCISCO DEPARTMENT OF
EMERGENCY MANAGEMENT
By: .,� B y : ,
.1►.a1
IA Ai / , = ''l... (c - ) 1. tom '' ! te;�' f? [z` __.f, -' '1
ANNE KRONENBERG CAROL ATWOOD (.` �.
EXECUTIVE DIRECTO' FINANCE AND ADMINISTRATION DIRECTOR
Federal Tax ID #: 94- 6027368
Approved as to Form:
Dennis J. He ra
City Atto y
By: At/ ►- �
atharine obi Porter
Deputy City Attorney
Appendices:
Amended Appendix A, Authorized Expenditures and Timelines, dated August 1, 2011
Appendix B, Grant Assurances, dated August 1, 2011
UASI FY09 - CUPERTINO Ist amendment .3 of 3 August 1, 2011
Appendix A — Authorized Expenditures and Timelines
ENTITY: CUPERTINO
Total allocation to be spent on the following solution areas:
Solution Deliverable
UASI Project Title Area Pro . ram Desch ' tion Dates Amount
• Enhance existing CUPERTINO
database system to incorporate
requirements of Cal Metrics
Project.
• Project must be completed with all
deliverables received no later than
12/31/2011
• Contracts — All contracts must be
pre- approved by the UASI prior to
execution. In addition,
CUPERTINO must satisfy the
following guidelines:
o Procurement of contractual
services must follow local
policies and procedures for
competitive purchasing
(provided they are not in
conflict with Federal regulations
which supersede them).
o If CUPERTINO receives only
one bid or only one vendor can
Project F perform the services required, Not to
Resource Planning a State sole source approval is 12/21/2011 Exceed:
need. CUPERTINO must $105,000
Inventory transmit a sole source request
to the UASI for submission to
the State.
o The contract must have a
clearly stated scope of work
and deliverables, deadlines for
completion of work, and a
schedule of contract payments.
o All services must be performed
and paid within the grant
performance period.
• The deliverables for the
contracted services include:
• Adjust Metrics application to
support data validation process
for CBRNE assessment data
• Organize and evaluate end -
user feedback and
recommendations
• Incorporate lessons learned
from beta pilot into software
• Design training curriculum and
UASI FY09 — RfCI IfrterIIID I st Amendment A -1 April 1, 2011
participate in training sessions
• Integrate to existing relevant
software systems
• Develop Function Specific
Interfaces and Permissions
• Assure function with commonly
used Internet Browsers
• Create reporting and querying
tools for the application
• Ongoing documentation,
hosting, maintenance and bug
fix support
• Provide system documentation,
software and data to client
upon completion of the project.
• Deadline for submitting final
requests for reimbursement is
1/31/20' 2.
NOT TO
TOTAL ALL.00ATION EXCEED:
$105,000
• All requests for reimbursements must be submitted by March 31, 2012 unless an
earlier deadline is set in this Appendix.
• Authorized expenditures must fall into one of the following categories: Planning,
Organization, Equipment, Training, or Exercises. Descriptions of authorized
expenditures are in the following documents:
• FY 2009 Homeland Security Grant Program, Guidance and Application Kit dated
November, 2008: http: / /www.ohs.ca.gov /pdf /FY09 Fed Guidance.pdf
• California Supplement to Federal Program Guidance and Application Kit:
http. / /www.ohs.ca.gov /pdf /FY09 HSGP Supplement Guidance final.pdf
• Authorized Equipment List: www.rkb.
• Office of Justice Programs Financial and Administrative Guide for Grants:
http://www.ojp.usdoj.gov/financialguide/
• Any equipment purchased under this Agreement must match the UASI 2009 Grant
Application Workbook. Any modification to the inventory list in that Workbook must
receive prior written approval from by the Bay Area UASI Program Manager.
• No Management and Administration expenses are allowed, unless expressly
identified and authorized in this Appendix.
• Sustainability requirements may apply to some or all of the grant funded projects or
programs authorized in this Appendix. See Agreement ¶¶3.13, 3.14.
• All EHP documentation must be submitted and approved prior to any expenditure of
funds requiring EHP submission.
UASI FY09 — ItteHMOND 1st Amendment A -2 April 1, 2011
C!� > )z
•
Appendix B -- Grant Assurances
Name of Jurisdiction: CITY OF CUPERTINO
Name of Authorized Agent: Carol Atwood
Address: 10300 Torre Avenue
City: Cupertino State: CA Zip Code: 95014
Telephone Number: ( 408) 777 -2489
Fax Number: ( 408) 777 -3366
E -Mail Address: carolaCa7cupertino.orq
As the duly authorized representative of the CUPERTINO, I certify that CUPERTINO:
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 the grant provided by the U.S. Department of Homeland Security
(DHS) /Federal Emergency Management Agency (FEMA) and sub - granted through the
State of California, California Emergency Management Agency (Cal EMA).
2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will
not be transferred between programs (State Homeland Security Program, Urban Area
Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
fiscal years.
3. Will comply with any cost sharing commitments included in the FY09 Investment
Justifications submitted to DHS /FEMA /Cal EMA, where applicable.
4. Will give the Federal government, the 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, or documents related
to the award; and will establish a proper accounting system in accordance with generally
accepted accounting standards and /or awarding agency directives.
5. 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.
6. Will provide progress reports, and other such 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 the Grant Reporting Tool (GRT) twice each year.
7. Will initiate and complete the work within the applicable time frame after receipt of
approval from Cal EMA.
8. Will maintain procedures to minimize the time elapsing between the award of funds and
the disbursement of funds. •
UASI FY09 — CUPERTINO I Amendment B -1 AUGUST 1, 2011
9. Will comply with all provisions of DHS /FEMA's codified regulation 44, including Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, including the payment of interest earned on advances.
10. 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.
11. 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.
12. Will notify Cal EMA of any developments that have a significant impact on award -
supported activities, including changes 1 key program staff.
13. 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.
14. Understands and agrees that Federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation, or policy, at
any level of government, without the express prior written approval from DHS /FEMA/Cal
EMA.
15. Will comply with all Federal Statutes relating to Civil Rights and Nondiscrimination. These
include, but are not limited to:
a. Title VII of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683
and 1685 - 1686), which prohibits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Ad 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 19138 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. In the event that a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
UAS1 FY09 — CUPERTINO 1 Amendment B -2 AUGUST 1, 2011
color, religion, national origin, gender, or disability against a recipient of funds, will
forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs.
I. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department
of Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
16. Will comply 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. § 4601 et seq. [P.L. 91-
646]), which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or Federally assisted programs. These
requirements apply to all interested in real property acquired for project purposes
regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part
25, Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-assisted programs.
17. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234), which requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is ten thousand
dollars ($10,000) or more.
18. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP
requirements and obtain applicable permits may jeopardize Federal funding. Will comply
with all conditions placed on any project as the result of the EHP review; any change to
the scope of work of a project will require reevaluation of compliance with these EHP
requirements.
19. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of DHS /FEMA/CaI EMA, including, but not limited to,
communications towers, physical security enhancements, new construction and
modifications to buildings that are fifty (50) years old or more. Any construction related
activities initiated prior to full EHP review will result in a noncompliance finding. If ground -
disturbing activities occur during the project implementation, the recipient must ensure
monitoring of the disturbance. If any potential archeological resources are discovered, the
recipient will immediately cease activity in that area and notify DHS /FEMA/Cal EMA and
the appropriate State Historic Preservation Office.
20. Will ensure that the facilities under its ownership, lease or supervision, which shall be
utilized in the accomplishment of this project, are not on the Environmental Protection
Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal
Grantor agency of the receipt of any communication from the Director of the EPA Office of
Federal Activities indicating if a facility to be used in the project is under consideration for
listing by the EPA.
21. Will provide any information requested by DHS /FEMA/Cal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Ad, Archaeological and Historic
UASI FY09 — CUPERTINO 1 Amendment B -3 AUGUST 1, 2011
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (E012898) and Environmental
Quality (E011514).
b. Notification of violating facilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program
developed underthe Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et
seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93 -523).
f. California Environmental Quality Aci (CEQA). California Public Resources Code
Sections 21080 - 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000- 15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
22. 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.
23. Agrees that all publications created or published with funding under this grant shall
prominently contain the following statement: "This document was prepared undera grant
from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points
of view or opinions expressed in this document are those of the authors and do not
necessarily represent the official position or policies of FEMA's Grant Programs
Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that,
when practicable, any equipment purchased with grant funding shall be prominently
marked as follows: "Purchased with funds provided by the U.S. Department of Homeland
Security."
24. Acknowledges that DHS /FEMA reserves a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: a) the copyright in any work developed under an award or sub -
award; and b) any rights of copyright to which a recipient or sub - recipient purchases
ownership with Federal support.
25. The recipient agrees to consult with DHS /FEMA /Cal EMA regarding the allocation of any
patent rights that arise from, or are purchased with, this funding.
26. Has requested through the State of California, Federal financial assistance to be used to
perform eligible work approved in the submitted application for Federal assistance and
after the receipt of Federal financial assistance, through the State of California, agrees to
the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
UASI FY09 — CUPERTINO 1 Amendment B -4 AUGUST 1, 2011
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.
27. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of
the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
28. 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.
29. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects
involved in research, development, and related activities supported by this award of
assistance.
30. 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.
31. 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.
32. Will comply, as applicakle, 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.
33. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any
Federal grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal grant or cooperative
agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or an employee of Congress, or employee
of a Member of Congress in connection with the Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients
shall certify and disclose accordingly.
UASI FY09 — CUPERTINO 1 Amendment B -5 AUGUST 1, 2011
d. 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 Tess than $10,000 and not more than $100,000 for each such
failure.
34. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
Rescue Mutual Aid Ran.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will
be deployed in conformance with that Strategy.
35. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non - Federal funds.
36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A -133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply
with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application,
acceptance and use of Federal funds for Federally assisted projects.
37. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
38. 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.
39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non - Profit Organizations (OMB Circular A -110); Part 225 Cost Principles for
State, Local and Indian Tribal Governments (OMB Circular A -87); Part 220 Cost Principles
for Educational Institutions (OMB Circular A -21); Part 230 Cost Principles for Non - Profit
Organizations (OMB Circular A -122).
40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles
and Procedures, Contracts with Commercial Organizations.
41. 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 DHS
Financial Management Guide.
42. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY 2009 Homeland Security Grant Program Guidance and Application Kit, and the
California Supplement to the FY 2009 Homeland Security Grant Program Guidance and
Application Kit. All allocations and use of funds under this grant will be in accordance with
UASI FY09 — CUPERTINO l Amendment B -6 AUGUST 1, 2011
the Allocations, and use of grant funding must support the goals and objectives included in
the State and /or Urban Area Homeland Security Strategies as well as the investments
identified in the Investment Justifications which were submitted as part of the California
FY2009 Homeland Security Grant Program application. Further, use of FY09 funds is
limited to those investments included in the California FY09 Investment Justifications
submitted to DHS /FEMA/Cal EMA and evaluated through the peer review process.
43. 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 ".
44. As required by Executive Order 12549, Debarment and Suspension, and implemented at
44 CFR Part 17, for prospective participants in primary covered transactions,
a. The applicant certifies that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court,
or voluntarily excluded from covered transactions by any Federal department or
agency.
ii. 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.
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three -year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
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.
45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation
of such prohibition.
b. Establishing an on -going drug -free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. 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:
UASI FY09 — CUPERTINO 1 Amendment B -7 AUGUST 1, 2011
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after
such conviction.
e. Notifying the agency, in writing, within 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
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall indude 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.
i. 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
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continues to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
46. 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.
47. Understands that failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
The undersigned represents that he /she is authorized by the above named CUPERTINO to
enter into this agreement for and on behalf of the said CUPERTINO.
Signature of Authorized Agent: / 1 ' _ ' 6.,[th &9z j I ^
Printed Name of Authorized Agent: j / "J. LPL A 77.iJ 7?(Y)
Title: . /)i & C t ) C,' 1" Date: 9 - 7 -
' / C.e --'.S
UASI FY09 — CUPERTINO I Amendment 13-8 AUGUST 1, 2011