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HomeMy WebLinkAbout2014-005 RESOLUTION NO. 2014-5 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 3 BERNARDINO AUTHORIZING THE RECEIPT, OBLIGATION, AND EXPENDITU' OF THE ALLOCATED FY 2013/2014 HOMELAND SECURITY GRANT FUNDS AN 1 4 THE EXECUTION OF A HOMELAND SECURITY GRANT SUB-RECIPIEN AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO. 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 6 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 8 obligate and expend the allocated Homeland Security Grant (HSGP) monies in the amount of 9 $60,854 from the U.S. Department of Homeland Security as outlined in the attached Expenditure 10 Plan submitted by the Chief of Police marked Exhibit"A" and by this reference made a part 11 hereof. 12 SECTION 2. The Mayor and Common Council of the City of San Bernardino hereb 13 14 authorize the City Manager to execute the (HSGP) Grant Sub-Recipient Agreements between the 15 City of San Bernardino and the County of San Bernardino in the forms attached hereto, marke• 16 Exhibits `B" and "C" and by this reference made a part thereof. The Mayor and Commo 17 Council also authorize the appropriation of$60,854 in additional grant fund revenues in account 18 number 123-210-0001-0896 and an expenditure appropriation in account number 123-210-5112 19 0896. The Director of Administrative Services is hereby authorized to incorporate the change 20 into the FY 2013-2014 budget. 21 /// 22 /// 23 /// 24 /// 25 /// 1 2014-5 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE RECEIPT, OBLIGATION, AND EXPENDITU 2 OF THE ALLOCATED FY 2013/2014 HOMELAND SECURITY GRANT FUNDS AN 1 3 THE EXECUTION OF A HOMELAND SECURITY GRANT SUB-RECIPIEN AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a j oint regular meeting thereof, 6 held on the 6th day of January , 2014, by the following vote,to wit: 8 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x to JENKINS x VALDIVIA x 11 VACANT __ 12 SHORETT x 13 JOHNSON x 14 MULVIHILL x 15 7/a4{41, . George.' Hanna, y Clerk 16 r tr 17 The foregoing Resolution is hereby approved this � of January , 2014. 18 In021111111 .-erVa`•' Patrick . Morn Mayor ' 19 City of : 8 Be i'.rdino Approved as to form: 20 GARY D. SAENZ, 21 City Attorney 22 By: L, 23 24 25 2 2014-5 < - a N N ti . n n . rd CI, N 000000000 : Cr 0 .-r O N k ii YE al C 7 M m tit a " .--i O "4 I ' Z LL U- a+ ob«44 a 3 a U) CO I I �$5q C. C.) Ul N N W O O a N C C MI CI ctE a .,v;�,i Z ° Q 0 Q cW cw W r o . 0,4E. v ° v I W ` ' a a O w w N '-. ›' # 0 0 LL. O O z .~ N N ail N Li e7 w N M n y a L a U a. Q O U A o - °' C Y i 'O I. _ m C 41 a m Zi m • U E U � C � .,..+ `. Cs'o .Z m co U a 2014-5 d N FBI . 5- I. xs �^ t0 0 000 0 0 0 00 O b n M o p M }Sf ., N M ot CD 0 M If. 0 d LA CL M I— z w J C t„-, * Jit u, C7 a H s ci cc , • y F W w g . Cl) 5:. t A a� CI ,zz a n O 3 W c a' M n ar ,,,,En E O ;` a 2 w I M W T a O `61 N O P.! ' 0 LI- 0 t...: ...9 ;:i1 0 M uj,a )M at.+ ~ a S j D 8 B VI D 4 m d t - v o E 0 to ,$ a cuc L E V m U V ti c Q E o !!• }++! �. a U 2014-5 EXHIBIT B San Bernardino County Fire Protection District FY 2013 Homeland Security Grant Program CFDA 97.067 Subrecipient Agreement Grant No.2013-00110 Name of Applicant: City of San Bernardino Police Department Address: 710 N. D Street City: San Bernardino State: CA Zip Code: 92401 Telephone Number: 909-384-5794 Fax Number: 909-388-4892 E-Mail Address: green da(a,sbcitv.org As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. 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 Governor's Office of Emergency Services(Cal OES). 4. Will assure that grant funds are used for allowable, fair,and reasonable costs only and will not be transferred between grant programs(for example: State Homeland Security Program and Urban Area Security Initiative)or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES,where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA,the General Accounting Office,the Comptroller General of the United States, the Cal OES,the Office of Inspector General,through any authorized representatives, access to, and the right to examine, all paper or electronic records, books,and documents related to the award, and will permit access to its facilities,personnel and other individuals and information as may be necessary,as required by DHS/FEMA or Cal OES,through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff 8. Will require any subrecipients, contractors, successors,transferees,and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Cal OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initials 2014-5 EXHIBIT B facilities, personnel, and other individuals and information as may be necessary,as required by DHS/FEMA and Cal OES program guidance,requirements, and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. d. If, during the past three years,the Recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency), sex, age, disability, religion, or familial status,the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin(including limited English proficiency), sex, age, disability,religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, 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, or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council(HSAC)Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve(at a minimum)the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from San Bernardino County Fire Protection District, Office of Emergency Services and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports,and maintain appropriate documentation to support the reports. 13. Will provide timely notifications to San Bernardino County Fire Protection District, Office of Emergency Services of any developments that have a significant impact on award-supported activities, including changes to key program staff. 14. Agrees to be non-delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item#17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment,reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812,addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders, regulations,program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with Office of Management and Budget(OMB)Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44,Code of Federal Regulations(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2 CFR Page 2 Initials 2014-5 EXHIBIT B Part 215;requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110(2 CFR§215.27); OMB Circular A-21,Cost Principles for Educational Institutions,relocated to 2 CFR Part 220;OMB Circular A-87,Cost Principles for State, Local,and Indian Tribal Governments, relocated to 2 CFR Part 225;OMB Circular A-122,Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230;and OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, as applicable. 18. Will comply with all provisions of the Federal Acquisition Regulations including,but not limited to,Title 48 CFR Part 31.2, Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 19. Will comply with provisions of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 20. 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 connections. 21. 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 and Cal OES. 22. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352,et seq., and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 23. Agrees that,to the extent contractors or subcontractors are utilized, will use small, minority-owned, women-owned, or disadvantaged businesses,to the extent practicable. 24. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 25. Will ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 26. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.),which prohibits the use of lead based paint in construction or rehabilitation of structures. 27. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. §2000d et seq.), as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. § 1681 et seq.),which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended,which prohibits Recipients from discriminating on the basis of disability(42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. Page 3 Initials 2014-5 EXHIBIT B e. The Age Discrimination Act of 1975,as amended(42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972(P.L. 92-255),as amended,relating to nondiscrimination on the basis of drug abuse. g. 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. h. Sections 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. i. Title VIII of the Civil Rights Act of 1968(42 U.S.C. §3601 et seq.,as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations(CFR)Parts 7, 16, and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s)under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a Recipient of funds,the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable,to the Department of Justice Office of Civil Rights within 60 days of grant award. n. 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. 28. 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. 91-6461), 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. 29. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 30. 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. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES,including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-disturbing activities occur during the project implementation,the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify the San Bernardino County Fire Protection District, Office of Emergency Services—Grants Administration Unit and the appropriate State Historic Preservation Office. 31. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form(OMB Number 1660-0115/FEMA Form 024-0-01)and submit it, with all supporting documentation,to the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit, for processing by the DHS/FEMA Grants Program Directorate EHP. Page 4 Initials 2014-5 EXHIBIT B 32. If applicable, subrecipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc 33. 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 the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit who will notify the DHS/FEMA 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. 34. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including, but not limited to,the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains(11988),and Environmental Justice(EO12898)and Environmental Quality(EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. § 1451 et seq.). d. Conformity of federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended, (P.L. 93-523). f. California Environmental Quality Act(CEQA), California Public Resources Code Sections 21080- 21098,and California Code of Regulations, Title 14, Chapter 3 Sections 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. 35. 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, § 8607.1(e)and CCR Title 19, §§2445, 2446, 2447, and 2448. 36. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information(PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the P11, whether they share P1I with third parties,and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy pia fuidance june2010.pdf and at http://www.dhs.gov/xlibrary/assets/privacy/privacyjia template.pdf, respectively. 37. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 38. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients,and subrecipients 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, 15 U.S.C. §2225. 39. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Page 5 Initials 2014-5 EXHIBIT B 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." 40. 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.The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with,this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance,through the State of California,agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the federal or state government. b. In the event the approved amount of the grant is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs,and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 41. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S C. §§4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 42. 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. 43. 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. 44. Agrees that"Classified national security information," as defined in Executive Order(EO) 12958, as amended or updated via later executive order(s) ,means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 45. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISPB), or,an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,2008; EOs 12829, 12958, 12968,and other applicable executive orders;the National Industrial Security Program Operating Manual(NISPOM);and Page 6 Initials 2014-5 EXHIBIT B other applicable implementing directives or instructions. Security requirement documents may be located at:http://www.dhs.gov/xopnbiz/grants/index.shtm 46. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract,subaward, or other agreement involving access to classified national security information pursuant to paragraph 46,and prior to execution of any actions to facilitate the acquisition of such a contract,subaward, or other agreement,the Award Recipient shall contact the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit, for approval and processing instructions. San Bernardino County Fire Protection District, Office of Emergency Services ATTN:Grants Administration Unit 157 West 5th Street,2"d Floor San Bernardino,CA 92415-0451 47. Will comply with the requirements regarding Data Universal Numbering System(DUNS)numbers. If recipients are authorized to make subawards under this award,they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 48. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System(DUNS)"number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet, currently at http://fedgov.dnb.com/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C,as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a federal agency,but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward"means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program(for further explanation, see § 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations")and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient"means an entity that receives a subaward from you under this award,and is accountable to you for the use of the federal funds provided by the subaward. 49. 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. §276c and 18 U.S.C. § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333),regarding labor standards for federally-assisted construction sub- agreements. 50. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant,and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. Page 7 Initials 2014-5 EXHIBIT B 51. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 52. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FY13 funds is limited to those investments included in the California FY13 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 53. Will comply with Homeland Security Presidential Directive(HSPD)-5,Management of Domestic Incidents. The adoption of the National Incident Management System(NIMS)is a requirement to receive federal preparedness assistance,through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government,tribal nations,nongovernmental organizations, and private sector partners to work together to prevent, protect against,respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location,or complexity. 54. Will comply with OMB Standard Form 424B Assurances—Non-construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 55. Will not make any award or permit any award(subgrant or contract)to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions,the Applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal, state, or local)transaction or contract under a public transaction,violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and have not within a three-year period preceding this application had one or more public transactions(federal, state, or local)terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 56. Will comply with requirements to acknowledge federal funding when issuing statements,press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 57. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific,technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, Page 8 Initials 2014-5 EXHIBIT B technical or professional journals, symposia proceedings, or similar works, the recipient grants the government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship(including award number)to any work first produced under an award. 58. Will obtain, via San Bernardino County Fire Protection Districts, Office of Emergency Services - Grants Administration Unit, the prior approval from DHS on any use of 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. 59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. 60. Will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government-wide award term which implements § 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000,as amended(22 U.S.C. § 7104),located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,November 13, 2007. In accordance with Section 106(g)of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR§ 175.15. 62. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738,which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B);prisoners(Subpart C);and children(Subpart D). The use of Page 9 Initials 2014-5 EXHIBIT B autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act(NEPA), as amended,42 U.S.C. § 4331 et seq.,which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities,DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of§ 1306(c)of the National Flood Insurance Act, as amended,which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. § 4001 et seq.),which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of§ 101(b)(3)of NEPA(42 U.S.C. §4331(b)(3)), federal agencies,to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding,the head of the agency may take into account economic, environmental,and other pertinent factors.The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands.This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act,may not possess, ship,transport,or receive any biological agent or toxin that is listed as a select agent. Page 10 Initials 2014-5 EXHIBIT B 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds(as defined in§ 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, b. Where and when to report:you must report on each obligating action described in the following paragraphs to San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7,2011,the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350,to Cal OES.To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under$300,000,you are exempt from the requirements to report on subawards,and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year,you received 80 percent or more of your annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year,the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and$25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts),and federal financial assistance subject to the Transparency Act(and subawards);and the public does not have access to information about the compensation of the executives through 2014-5 EXHIBIT B periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 71. Subrecipient acknowledges that equipment purchased with grant funds must be accounted for and reconciled with the San Bernardino County Fire Protection District's Grants Administration Unit's property records at each scheduled inventory inspection. 72. Subrecipient will develop a control tracking system to ensure adequate safeguards to prevent loss, damage or theft of grant funded equipment. 73. When equipment purchased with grant funds is no longer needed or is in need of being replaced, subrecipient will request disposition instructions from San Bernardino County Fire Protection District's Grants Administration Unit. 74. If items are lost, stolen, or damaged, subrecipient will provide explanation on the Damage, Lost, Stolen, or Retired(DLSR)form of how it happened and how subrecipient is going to prevent it from happening in the future. 75. Personnel Activity Report(PAR) Any employee who is partially funded by federal grants must maintain time and effort reporting and document the time they spend working on the grant's objectives. Documentation must reflect"actual" time spent by the employee on grants being charged(2 CFR 225,Appendix B.8.h). Attached is a Personnel Activity Report(PAR)document to assist in proper grant payroll documentation. PARs must itemized/log the time the employee has worked on a funded grant project. If your agency already has the capability of producing a document equivalent to the attached PAR form from your existing payroll system, you do NOT need to use the attached PAR to your track time. Salary costs that are not accurately and properly documented are"unallowable costs"and will not be reimbursed. If you have been reimbursed for wages that were not properly recorded and supported, the State or Federal Governments may require your agency to pay back any"unallowable costs." 76. Subrecipients will provide(2)photos in color or black&white of each grant purchased equipment and photo of serial number, if applicable. Provide the intended location of deployment/assignment of the equipment. 7 7. Understands that failure to comply with any of the above assurances may result in suspension, termination,or reduction of grant funds. The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: 2014-5 EXHIBIT C San Bernardino County Fire Protection District FY 2013 Homeland Security Grant Program CFDA 97.067 Subrecipient Agreement Grant No.2013-00110 Name of Applicant: City of San Bernardino Fire Department Address: 710 N. D Street City: San Bernardino State: CA Zip Code: 92401 Telephone Number: 909-384-5794 Fax Number: 909-388-4892 E-Mail Address: green daAsbcity.org As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. 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 Governor's Office of Emergency Services(Cal OES). 4. Will assure that grant funds are used for allowable, fair,and reasonable costs only and will not be transferred between grant programs(for example: State Homeland Security Program and Urban Area Security Initiative)or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES,where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES,the Office of Inspector General,through any authorized representatives, access to, and the right to examine, all paper or electronic records, books,and documents related to the award,and will permit access to its facilities, personnel and other individuals and information as may be necessary,as required by DHS/FEMA or Cal OES,through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors,transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Cal OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initials 2014-5 EXHIBIT C facilities,personnel, and other individuals and information as may be necessary,as required by DHS/FEMA and Cal OES program guidance, requirements, and applicable laws. c. Recipients must comply with all other special reporting,data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. d. If, during the past three years,the Recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency), sex, age, disability, religion, or familial status,the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin(including limited English proficiency), sex, age, disability,religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, 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,or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council(HSAC)Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve(at a minimum)the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from San Bernardino County Fire Protection District, Office of Emergency Services and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports. 13. Will provide timely notifications to San Bernardino County Fire Protection District, Office of Emergency Services of any developments that have a significant impact on award- supported activities, including changes to key program staff. 14. Agrees to be non-delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item#17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment,reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812, addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders,regulations, program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with Office of Management and Budget(OMB)Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44,Code of Federal Regulations(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,and Other Non-Profit Organizations, relocated to 2 CFR Page 2 Initials 2014-5 EXHIBIT C Part 215;requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110(2 CFR §215.27); OMB Circular A-21,Cost Principles for Educational Institutions, relocated to 2 CFR Part 220;OMB Circular A-87, Cost Principles for State, Local,and Indian Tribal Governments, relocated to 2 CFR Part 225;OMB Circular A-122,Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230;and OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations, as applicable. 18. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to,Title 48 CFR Part 31.2,Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 19. Will comply with provisions of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 20. 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 connections. 21. 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 and Cal OES. 22. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352,et seq.,and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 23. Agrees that,to the extent contractors or subcontractors are utilized, will use small, minority-owned, women-owned, or disadvantaged businesses,to the extent practicable. 24. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 25. Will ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 26. Will comply, if applicable,with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 27. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964,Public Law 88-352,(42 U.S.C. §2000d et seq.), as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. § 1681 et seq.),which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act,as amended, which prohibits Recipients from discriminating on the basis of disability(42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. Page 3 Initials 2014-5 EXHIBIT C e. The Age Discrimination Act of 1975,as amended(42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,relating to nondiscrimination on the basis of drug abuse. g. 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. h. Sections 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. i. Title VIII of the Civil Rights Act of 1968(42 U.S.C. §3601 et seq.,as implemented by 24 CFR Part 100),as amended,relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations(CFR)Parts 7, 16, and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s)under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a Recipient of funds,the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable,to the Department of Justice Office of Civil Rights within 60 days of grant award. n. 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. 28. 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. 29. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 30. 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. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES,including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review.Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-disturbing activities occur during the project implementation,the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered,the subgrantee will immediately cease activity in that area and notify the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit and the appropriate State Historic Preservation Office. 31. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form(OMB Number 1660-0115/FEMA Form 024-0-01)and submit it,with all supporting documentation,to the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit, for processing by the DHS/FEMA Grants Program Directorate EHP. Page 4 Initials 2014-5 EXHIBIT C 32. If applicable, subrecipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc 33. 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 the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit who will notify the DHS/FEMA 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. 34. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains(11988),and Environmental Justice(EO12898)and Environmental Quality(EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. § 1451 et seq.). d. Conformity of federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended, (P.L. 93-523). f. California Environmental Quality Act(CEQA), California Public Resources Code Sections 21080- 21098,and California Code of Regulations, Title 14, Chapter 3 Sections 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. 35. 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, § 8607.1(e)and CCR Title 19, §§2445, 2446, 2447, and 2448. 36. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information(PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties,and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_fuidance june2010.pdf and at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf, respectively. 37. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 38. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), whereby all subgrantees, recipients,and subrecipients 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, 15 U.S.C. §2225. 39. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Page 5 Initials 2014-5 EXHIBIT C 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." 40. 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.The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with,this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance,through the State of California,agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the federal or state government. b. In the event the approved amount of the grant is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds,and will return all interest earned, in excess of $100 per federal fiscal year. 41. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S C. §§4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 42. 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. 43. 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. 44. Agrees that "Classified national security information," as defined in Executive Order(EO) 12958,as amended or updated via later executive order(s) ,means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.No funding under this award shall be used to support a contract, subaward,or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 45. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract,subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISPB), or,an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,2008; EOs 12829, 12958, 12968,and other applicable executive orders; the National Industrial Security Program Operating Manual(NISPOM); and Page 6 Initials 2014-5 EXHIBIT C other applicable implementing directives or instructions. Security requirement documents may be located at: http://www.dhs.gov/xopnbiz/grants/index.shtm 46. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 46,and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement,the Award Recipient shall contact the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit,for approval and processing instructions. San Bernardino County Fire Protection District, Office of Emergency Services ATTN: Grants Administration Unit 157 West 5th Street,2nd Floor San Bernardino,CA 92415-0451 47. Will comply with the requirements regarding Data Universal Numbering System(DUNS)numbers. If recipients are authorized to make subawards under this award,they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 48. For purposes of this award term,the following definitions will apply: a. "Data Universal Numbering System(DUNS)"number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet, currently at http://fedgov.dnb.com/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C,as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a federal agency,but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward"means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program(for further explanation, see § 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments,and Non-Profit Organizations")and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient"means an entity that receives a subaward from you under this award,and is accountable to you for the use of the federal funds provided by the subaward. 49. 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. §276c and 18 U.S.C. §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 327-333),regarding labor standards for federally-assisted construction sub- agreements. 50. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. Page 7 Initials 2014-5 EXHIBIT C 51. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 52. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FY13 funds is limited to those investments included in the California FY13 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 53. Will comply with Homeland Security Presidential Directive(HSPD)-5,Management of Domestic Incidents. The adoption of the National Incident Management System(NIMS)is a requirement to receive federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government,tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against,respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 54. Will comply with OMB Standard Form 424B Assurances—Non-construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 55. Will not make any award or permit any award(subgrant or contract)to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689,"Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions,the Applicant will provide protection against waste, fraud and abuse,by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal, state, or local)transaction or contract under a public transaction,violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and have not within a three-year period preceding this application had one or more public transactions(federal, state, or local)terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 56. Will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 57. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, Page 8 Initials 2014-5 EXHIBIT C technical or professional journals, symposia proceedings, or similar works,the recipient grants the government a royalty-free,nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship(including award number)to any work first produced under an award. 58. Will obtain, via San Bernardino County Fire Protection Districts, Office of Emergency Services - Grants Administration Unit, the prior approval from DHS on any use of 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. 59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to Comptroller General Decision B138942. 60. Will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace.The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government-wide award term which implements § 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000,as amended(22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,November 13, 2007. In accordance with Section 106(g)of the TVPA,as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR§ 175.15. 62. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738,which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B);prisoners (Subpart C); and children(Subpart D). The use of Page 9 Initials 2014-5 EXHIBIT C autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act(NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of§ 1306(c)of the National Flood Insurance Act, as amended,which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. § 4001 et seq.),which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of§ 101(b)(3)of NEPA(42 U.S.C. §4331(b)(3)), federal agencies,to the extent permitted by law,must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding,the head of the agency may take into account economic, environmental, and other pertinent factors.The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands.This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act,may not possess, ship,transport,or receive any biological agent or toxin that is listed as a select agent. Page 10 Initials 2014-5 EXHIBIT C 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term,you must report each action that obligates$25,000 or more in federal funds that does not include Recovery funds(as defined in§ 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, b. Where and when to report:you must report on each obligating action described in the following paragraphs to San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit. For subaward information,report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011,the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350,to Cal OES.To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report on subawards,and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year,you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year,the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and$25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts),and federal financial assistance subject to the Transparency Act(and subawards);and the public does not have access to information about the compensation of the executives through 20 14-5 EXHIBIT C periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 71. Subrecipient acknowledges that equipment purchased with grant funds must be accounted for and reconciled with the San Bernardino County Fire Protection District's Grants Administration Unit's property records at each scheduled inventory inspection. 72. Subrecipient will develop a control tracking system to ensure adequate safeguards to prevent loss, damage or theft of grant funded equipment. 73. When equipment purchased with grant funds is no longer needed or is in need of being replaced, subrecipient will request disposition instructions from San Bernardino County Fire Protection District's Grants Administration Unit. 74. If items are lost, stolen, or damaged, subrecipient will provide explanation on the Damage, Lost, Stolen, or Retired(DLSR)form of how it happened and how subrecipient is going to prevent it from happening in the future. 75. Personnel Activity Report(PAR) Any employee who is partially funded by federal grants must maintain time and effort reporting and document the time they spend working on the grant's objectives. Documentation must reflect"actual" time spent by the employee on grants being charged(2 CFR 225, Appendix B.8.h). Attached is a Personnel Activity Report(PAR)document to assist in proper grant payroll documentation. PARs must itemized/log the time the employee has worked on a funded grant project. If your agency already has the capability of producing a document equivalent to the attached PAR form from your existing payroll system,you do NOT need to use the attached PAR to your track time. Salary costs that are not accurately and properly documented are"unallowable costs"and will not be reimbursed. If you have been reimbursed for wages that were not properly recorded and supported,the State or Federal Governments may require your agency to pay back any"unallowable costs." 76. Subrecipients will provide(2)photos in color or black&white of each grant purchased equipment and photo of serial number, if applicable. Provide the intended location of deployment/assignment of the equipment. 7 7. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: 2014-5 EXHIBIT B San Bernardino County Fire Protection District FY 2013 Homeland Security Grant Program CFDA 97.067 Subrecipient Agreement Grant No. 2013-00110 Name of Applicant: City of San Bernardino Police Department Address: 710 N. D Street City: San Bernardino State: CA Zip Code: 92401 Telephone Number: 909-384-5794 Fax Number: 909-388-4892 E-Mail Address: green da( sbcity.org As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks,major disasters and other emergencies. 3. 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 Governor's Office of Emergency Services(Cal OES). 4. Will assure that grant funds are used for allowable, fair,and reasonable costs only and will not be transferred between grant programs(for example: State Homeland Security Program and Urban Area Security Initiative)or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES,where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA,the General Accounting Office,the Comptroller General of the United States, the Cal OES,the Office of Inspector General,through any authorized representatives, access to, and the right to examine, all paper or electronic records,books,and documents related to the award,and will permit access to its facilities, personnel and other individuals and information as may be necessary,as required by DHS/FEMA or Cal OES,through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors,transferees,and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Cal OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initia 2014-5 EXHIBIT B facilities,personnel, and other individuals and information as may be necessary,as required by DHS/FEMA and Cal OES program guidance,requirements, and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. d. If, during the past three years,the Recipient has been accused of discrimination on the grounds of race, color,national origin(including limited English proficiency), sex, age, disability, religion, or familial status,the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color,national origin(including limited English proficiency), sex, age, disability,religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, 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, or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council(HSAC)Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve(at a minimum)the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from San Bernardino County Fire Protection District, Office of Emergency Services and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports. 13. Will provide timely notifications to San Bernardino County Fire Protection District, Office of Emergency Services of any developments that have a significant impact on award- supported activities, including changes to key program staff. 14. Agrees to be non-delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item#17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment,reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812, addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders,regulations, program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with Office of Management and Budget(OMB)Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44,Code of Federal Regulations(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,relocated to 2 CF' Page 2 Initia V/ 2014-5 EXHIBIT B Part 215;requirements for allowable costs/cost principles in the A-102 Common Rule,OMB Circular A- 110(2 CFR§215.27); OMB Circular A-21,Cost Principles for Educational Institutions, relocated to 2 CFR Part 220;OMB Circular A-87,Cost Principles for State, Local,and Indian Tribal Governments, relocated to 2 CFR Part 225;OMB Circular A-122,Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230;and OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations, as applicable. 18. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to,Title 48 CFR Part 31.2,Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 19. Will comply with provisions of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 20. 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 connections. 21. 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 and Cal OES. 22. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352,et seq., and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 23. Agrees that,to the extent contractors or subcontractors are utilized, will use small, minority-owned, women-owned, or disadvantaged businesses,to the extent practicable. 24. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 25. Will ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 26. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 27. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include,but are not limited to: a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. §2000d et seq.), as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. § 1681 et seq.),which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended, which prohibits Recipients from discriminating on the basis of disability(42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. Page 3 Initials 2014-5 EXHIBIT B e. The Age Discrimination Act of 1975,as amended(42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972(P.L. 92-255),as amended, relating to nondiscrimination on the basis of drug abuse. g. 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. h. Sections 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. i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.,as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations(CFR)Parts 7, 16,and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s)under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color,religion,national origin, gender, or disability against a Recipient of funds,the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable,to the Department of Justice Office of Civil Rights within 60 days of grant award. n. 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. 28. 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. 29. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 30. 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. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES,including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-disturbing activities occur during the project implementation,the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered,the subgrantee will immediately cease activity in that area and notify the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit and the appropriate State Historic Preservation Office. 31. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form(OMB Number 1660-0115/FEMA Form 024-0-01)and submit it, with all supporting documentation,to the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit, for processing by the DHS/FEMA Grants Program Directorate EHP. Page 4 lniti 2014-5 EXHIBIT B 32. If applicable,subrecipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc 33. 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 the San Bernardino County Fire Protection District, Office of Emergency Services— Grants Administration Unit who will notify the DHS/FEMA 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. 34. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including,but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains(11988),and Environmental Justice(EO12898)and Environmental Quality(EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.). d. Conformity of federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C. §7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended, (P.L. 93-523). f. California Environmental Quality Act(CEQA), California Public Resources Code Sections 21080- 21098,and California Code of Regulations, Title 14, Chapter 3 Sections 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. 35. 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, § 8607.1(e)and CCR Title 19, §§2445, 2446, 2447,and 2448. 36. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information(PII) must have a publically-available privacy policy that describes what PII they collect,how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia fuidancejune20I0.pdf and at http://www.dhs.gov/xlibrary/assets/privacy/privacy pia template.pdf, respectively. 37. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 38. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients,and subrecipients 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, 15 U.S.C. § 2225. 39. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Page 5 Initials 2014-5 EXHIBIT B 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." 40. 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.The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with,this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance,through the State of California,agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the federal or state government. b. In the event the approved amount of the grant is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 41. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S C. §§4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 42. 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. 43. 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. 44. Agrees that "Classified national security information," as defined in Executive Order(EO) 12958,as amended or updated via later executive order(s) ,means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 45. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract,subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISPB), or,an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts,subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,2008; EOs 12829, 12958, 12968, and other applicable executive orders;the National Industrial Security Program Operating Manual(NISPOM); and Page 6 Initial, 2014-5 EXHIBIT B other applicable implementing directives or instructions. Security requirement documents may be located at:http://www.dhs.gov/xopnbiz/grants/index.shtm 46. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 46,and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement,the Award Recipient shall contact the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit, for approval and processing instructions. San Bernardino County Fire Protection District, Office of Emergency Services ATTN:Grants Administration Unit 157 West 5th Street,2nd Floor San Bernardino,CA 92415-0451 47. Will comply with the requirements regarding Data Universal Numbering System(DUNS)numbers. If recipients are authorized to make subawards under this award,they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 48. For purposes of this award term,the following definitions will apply: a. "Data Universal Numbering System(DUNS)"number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet, currently at http://fedgov.dnb.com/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C,as a governmental organization,which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a federal agency,but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward"means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program(for further explanation, see § 210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments,and Non-Profit Organizations")and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient"means an entity that receives a subaward from you under this award,and is accountable to you for the use of the federal funds provided by the subaward. 49. 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. §276c and 18 U.S.C. §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction sub- agreements. 50. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services,and law enforcement agencies within the jurisdiction of the Applicant,and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. Page 7 Initials 2014-5 EXHIBIT B 51. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 52. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FYI3 funds is limited to those investments included in the California FY13 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 53. Will comply with Homeland Security Presidential Directive(HSPD)-5,Management of Domestic Incidents. The adoption of the National Incident Management System(NIMS)is a requirement to receive federal preparedness assistance,through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against,respond to,recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 54. Will comply with OMB Standard Form 424B Assurances—Non-construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 55. Will not make any award or permit any award(subgrant or contract)to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689,"Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions,the Applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public(federal, state, or local)transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and have not within a three-year period preceding this application had one or more public transactions(federal, state, or local)terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 56. Will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 57. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, Page 8 Initial 2014-5 EXHIBIT B technical or professional journals, symposia proceedings, or similar works,the recipient grants the government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship(including award number)to any work first produced under an award. 58. Will obtain, via San Bernardino County Fire Protection Districts, Office of Emergency Services - Grants Administration Unit, the prior approval from DHS on any use of 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. 59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to Comptroller General Decision B138942. 60. Will comply with the requirements of the Drug-Free Workplace Act of 1988(41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace.The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government-wide award term which implements § 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000,as amended(22 U.S.C. § 7104),located at 2 CFR Part 175.This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,November 13, 2007. In accordance with Section 106(g)of the TVPA,as amended,requires the agency to include a condition that authorizes the agency to terminate the award,without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR§ 175.15. 62. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects,prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B);prisoners(Subpart C);and children(Subpart D). The use of Page 9 Initials 2014-5 EXHIBIT B autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act(NEPA), as amended, 42 U.S.C. § 4331 et seq.,which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters.To comply with NEPA for its grant-supported activities,DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of§ 1306(c)of the National Flood Insurance Act, as amended,which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. § 4001 et seq.),which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990,which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of§ 101(b)(3)of NEPA(42 U.S.C. § 4331(b)(3)), federal agencies,to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding,the head of the agency may take into account economic, environmental, and other pertinent factors.The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act,may not possess, ship,transport, or receive any biological agent or toxin that is listed as a select agent. Initials � al ,01 Page 10 if% 2014-5 EXHIBIT B 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d.of this award term,you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds(as defined in§ 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, b. Where and when to report:you must report on each obligating action described in the following paragraphs to San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit. For subaward information,report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7,2011,the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350,to Cal OES.To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year,you had gross income, from all sources, under$300,000, you are exempt from the requirements to report on subawards,and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year,you received 80 percent or more of your annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or §6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year,the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and$25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts),and federal financial assistance subject to the Transparency Act(and subawards); and the public does not have access to information about the compensation of the executives through 2014-5 EXHIBIT B periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d)) or§ 6104 of the Internal Revenue Code of 1986. 71. Subrecipient acknowledges that equipment purchased with grant funds must be accounted for and reconciled with the San Bernardino County Fire Protection District's Grants Administration Unit's property records at each scheduled inventory inspection. 72. Subrecipient will develop a control tracking system to ensure adequate safeguards to prevent loss, damage or theft of grant funded equipment. 73. When equipment purchased with grant funds is no longer needed or is in need of being replaced, subrecipient will request disposition instructions from San Bernardino County Fire Protection District's Grants Administration Unit. 74. If items are lost, stolen, or damaged, subrecipient will provide explanation on the Damage, Lost, Stolen, or Retired(DLSR)form of how it happened and how subrecipient is going to prevent it from happening in the future. 75. Personnel Activity Report(PAR) Any employee who is partially funded by federal grants must maintain time and effort reporting and document the time they spend working on the grant's objectives. Documentation must reflect"actual" time spent by the employee on grants being charged(2 CFR 225, Appendix B.8.h). Attached is a Personnel Activity Report(PAR)document to assist in proper grant payroll documentation. PARs must itemized/log the time the employee has worked on a funded grant project. If your agency already has the capability of producing a document equivalent to the attached PAR form from your existing payroll system,you do NOT need to use the attached PAR to your track time. Salary costs that are not accurately and properly documented are"unallowable costs"and will not be reimbursed. If you have been reimbursed for wages that were not properly recorded and supported,the State or Federal Governments may require your agency to pay back any"unallowable costs." 76. Subrecipients will provide(2)photos in color or black&white of each grant purchased equipment and photo of serial number, if applicable. Provide the intended location of deployment/assignment of the equipment. 7 7. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: a /,Printed Name of Authorized Agent: All n J. Parker Title: City Manager Date: //,047/ 2014-5 EXHIBIT C San Bernardino County Fire Protection District FY 2013 Homeland Security Grant Program CFDA 97.067 Subrecipient Agreement Grant No. 2013-00110 Name of Applicant: City of San Bernardino Fire Department Address: 710 N. D Street City: San Bernardino State: CA Zip Code: 92401 Telephone Number: 909-384-5794 Fax Number: 909-388-4892 E-Mail Address: _green daAsbcity.org As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. 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 Governor's Office of Emergency Services(Cal OES). 4. Will assure that grant funds are used for allowable, fair,and reasonable costs only and will not be transferred between grant programs(for example: State Homeland Security Program and Urban Area Security Initiative)or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA, the General Accounting Office,the Comptroller General of the United States, the Cal OES,the Office of Inspector General,through any authorized representatives, access to, and the right to examine, all paper or electronic records, books,and documents related to the award,and will permit access to its facilities, personnel and other individuals and information as may be necessary,as required by DHS/FEMA or Cal OES,through any authorized representative,with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Cal OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initials�/ 2014-5 EXHIBIT C facilities, personnel, and other individuals and information as may be necessary, as required by DHS/FEMA and Cal OES program guidance, requirements, and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. d. If, during the past three years,the Recipient has been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency), sex,age, disability, religion, or familial status,the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin(including limited English proficiency), sex, age, disability,religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, 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,or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council(HSAC)Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve(at a minimum)the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from San Bernardino County Fire Protection District, Office of Emergency Services and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports. 13. Will provide timely notifications to San Bernardino County Fire Protection District, Office of Emergency Services of any developments that have a significant impact on award- supported activities, including changes to key program staff. 14. Agrees to be non-delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item#17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment,reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812,addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders,regulations, program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with Office of Management and Budget(OMB)Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44,Code of Federal Regulations(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,and Other Non-Profit Organizations, relocated to 2 CFR Page 2 Initials` 2014-5 EXHIBIT C Part 215;requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110(2 CFR §215.27); OMB Circular A-21,Cost Principles for Educational Institutions, relocated to 2 CFR Part 220;OMB Circular A-87, Cost Principles for State, Local,and Indian Tribal Governments, relocated to 2 CFR Part 225;OMB Circular A-122,Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230;and OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, as applicable. 18. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to,Title 48 CFR Part 31.2, Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 19. Will comply with provisions of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 20. 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 connections. 21. 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 and Cal OES. 22. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352,et seq.,and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 23. Agrees that,to the extent contractors or subcontractors are utilized, will use small, minority-owned, women-owned, or disadvantaged businesses,to the extent practicable. 24. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits,whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 25. Will ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 26. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.),which prohibits the use of lead based paint in construction or rehabilitation of structures. 27. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964,Public Law 88-352,(42 U.S.C. §2000d et seq.), as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972,as amended(20 U.S.C. § 1681 et seq.),which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended,which prohibits Recipients from discriminating on the basis of disability(42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. Page 3 Initial 2014-5 EXHIBIT C e. The Age Discrimination Act of 1975,as amended(42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255),as amended, relating to nondiscrimination on the basis of drug abuse. g. 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. h. Sections 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. i. Title VIII of the Civil Rights Act of 1968(42 U.S.C. §3601 et seq.,as implemented by 24 CFR Part 100), as amended,relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations(CFR)Parts 7, 16,and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s)under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color,religion, national origin, gender, or disability against a Recipient of funds,the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable,to the Department of Justice Office of Civil Rights within 60 days of grant award. n. 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. 28. 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.91-6461),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. 29. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 30. 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. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES,including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-disturbing activities occur during the project implementation,the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered,the subgrantee will immediately cease activity in that area and notify the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit and the appropriate State Historic Preservation Office. 31. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form(OMB Number 1660-0115/FEMA Form 024-0-01)and submit it, with all supporting documentation,to the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit, for processing by the DHS/FEMA Grants Program Directorate EHP. Page 4 Initial 2014-5 EXHIBIT C 32. If applicable, subrecipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc 33. 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 the San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit who will notify the DHS/FEMA 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. 34. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including,but not limited to,the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988),and Environmental Justice(EO12898)and Environmental Quality(EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. § 1451 et seq.). d. Conformity of federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended, (P.L. 93-523). f. California Environmental Quality Act(CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 Sections 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. 35. 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, § 8607.1(e)and CCR Title 19, §§2445,2446, 2447,and 2448. 36. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information(PII) must have a publically-available privacy policy that describes what P11 they collect, how they plan to use the PII, whether they share PII with third parties,and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_fuidance june2010.pdf and at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia template.pdf, respectively. 37. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 38. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), whereby all subgrantees,recipients, and subrecipients 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, 15 U.S.C. § 2225. 39. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Page 5 Initials t,/ 2014-5 EXHIBIT C 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." 40. 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.The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with,this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance,through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the federal or state government. b. In the event the approved amount of the grant is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs,and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds,and will return all interest earned, in excess of $100 per federal fiscal year. 41. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S C. §§4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 42. 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. 43. 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. 44. Agrees that"Classified national security information," as defined in Executive Order(EO) 12958,as amended or updated via later executive order(s) ,means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 45. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract,subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,2008; EOs 12829, 12958, 12968,and other applicable executive orders;the National Industrial Security Program Operating Manual(NISPOM); and Page 6 Initial 2014-5 EXHIBIT C other applicable implementing directives or instructions. Security requirement documents may be located at:http://www.dhs.gov/xopnbiz/grants/index.shtm 46. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 46,and prior to execution of any actions to facilitate the acquisition of such a contract, subaward,or other agreement,the Award Recipient shall contact the San Bernardino County Fire Protection District,Office of Emergency Services—Grants Administration Unit, for approval and processing instructions. San Bernardino County Fire Protection District, Office of Emergency Services ATTN:Grants Administration Unit 157 West 5th Street,2"d Floor San Bernardino,CA 92415-0451 47. Will comply with the requirements regarding Data Universal Numbering System(DUNS)numbers. If recipients are authorized to make subawards under this award,they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 48. For purposes of this award term,the following definitions will apply: a. "Data Universal Numbering System(DUNS)"number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet, currently at http://fedgov.dnb.com/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C,as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a federal agency,but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward"means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program(for further explanation, see § 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations")and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient"means an entity that receives a subaward from you under this award,and is accountable to you for the use of the federal funds provided by the subaward. 49. 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. §276c and 18 U.S.C. § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 327-333),regarding labor standards for federally-assisted construction sub- agreements. 50. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. Page 7 Initials ,. 2014-5 EXHIBIT C 51. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 52. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FYI3 funds is limited to those investments included in the California FYI3 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 53. Will comply with Homeland Security Presidential Directive(HSPD)-5,Management of Domestic Incidents. The adoption of the National Incident Management System(NIMS)is a requirement to receive federal preparedness assistance,through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government,tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against,respond to,recover from, and mitigate the effects of incidents,regardless of cause, size, location, or complexity. 54. Will comply with OMB Standard Form 424B Assurances—Non-construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 55. Will not make any award or permit any award(subgrant or contract)to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689,"Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions,the Applicant will provide protection against waste, fraud and abuse,by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local)transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and have not within a three-year period preceding this application had one or more public transactions(federal, state, or local)terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 56. Will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals,bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 57. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific,technical, or other copyright work based on or containing data first produced under this award,including those works published in academic, Page 8 Initials 2014-5 EXHIBIT C technical or professional journals, symposia proceedings, or similar works,the recipient grants the government a royalty-free,nonexclusive and irrevocable license to reproduce, display,distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship(including award number)to any work first produced under an award. 58. Will obtain, via San Bernardino County Fire Protection Districts, Office of Emergency Services - Grants Administration Unit, the prior approval from DHS on any use of 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. 59. Will comply with the requirements of the Preference for U.S.Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. §40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to Comptroller General Decision B138942. 60. Will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government-wide award term which implements § 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000,as amended(22 U.S.C. § 7104), located at 2 CFR Part 175.This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,November 13, 2007. In accordance with Section 106(g)of the TVPA,as amended, requires the agency to include a condition that authorizes the agency to terminate the award,without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR§ 175.15. 62. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. §7401 et seq. and Executive Order 11738,which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates(Subpart B);prisoners (Subpart C);and children(Subpart D). The use of Page 9 Initials I 2014-5 EXHIBIT C autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act(NEPA), as amended, 42 U.S.C. § 4331 et seq.,which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of§ 1306(c)of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. § 4001 et seq.),which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of§ 101(b)(3)of NEPA(42 U.S.C. §4331(b)(3)), federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding,the head of the agency may take into account economic, environmental, and other pertinent factors.The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act,may not possess, ship, transport,or receive any biological agent or toxin that is listed as a select agent. Page 10 Initial 2014-5 EXHIBIT C 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term,you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds(as defined in§ 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, b. Where and when to report:you must report on each obligating action described in the following paragraphs to San Bernardino County Fire Protection District,Office of Emergency Services— Grants Administration Unit. For subaward information,report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7,2011,the obligation must be reported by no later than December 31, 2011.) c. What to report:You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350,to Cal OES.To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If,in the previous tax year, you had gross income, from all sources, under$300,000,you are exempt from the requirements to report on subawards,and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year,you received 80 percent or more of your annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 780(d))or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://wvvw.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year,the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and$25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts),and federal financial assistance subject to the Transparency Act(and subawards);and the public does not have access to information about the compensation of the executives through 2014-5 EXHIBIT C periodic reports filed under § 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 71. Subrecipient acknowledges that equipment purchased with grant funds must be accounted for and reconciled with the San Bernardino County Fire Protection District's Grants Administration Unit's property records at each scheduled inventory inspection. 72. Subrecipient will develop a control tracking system to ensure adequate safeguards to prevent loss, damage or theft of grant funded equipment. 73. When equipment purchased with grant funds is no longer needed or is in need of being replaced, subrecipient will request disposition instructions from San Bernardino County Fire Protection District's Grants Administration Unit. 74. If items are lost, stolen, or damaged, subrecipient will provide explanation on the Damage, Lost, Stolen, or Retired(DLSR)form of how it happened and how subrecipient is going to prevent it from happening in the future. 75. Personnel Activity Report(PAR) Any employee who is partially funded by federal grants must maintain time and effort reporting and document the time they spend working on the grant's objectives. Documentation must reflect"actual" time spent by the employee on grants being charged(2 CFR 225,Appendix B.8.h). Attached is a Personnel Activity Report(PAR)document to assist in proper grant payroll documentation. PARs must itemized/log the time the employee has worked on a funded grant project. If your agency already has the capability of producing a document equivalent to the attached PAR form from your existing payroll system,you do NOT need to use the attached PAR to your track time. Salary costs that are not accurately and properly documented are"unallowable costs"and will not be reimbursed. If you have been reimbursed for wages that were not properly recorded and supported, the State or Federal Governments may require your agency to pay back any"unallowable costs." 76. Subrecipients will provide(2)photos in color or black&white of each grant purchased equipment and photo of serial number, if applicable. Provide the intended location of deployment/assignment of the equipment. 7 7. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: /do,c---'- Printed Name of Authorized Agent: A en J. Parker Title: City Manager Date: 06X-