HomeMy WebLinkAboutStaff Report 10306
City of Palo Alto (ID # 10306)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/3/2019
City of Palo Alto Page 1
Summary Title: State Homeland Security Grant for Solar Generator
Title: Authorization for the the City Manager to Sign a Memorandum of
Understanding for a $200,000 Grant of Funds With the State Homeland
Security Grant Program via Santa Clara County for a Solar Generator to
Support the Mobile Emergency Operations Center (MEOC)
From: City Manager
Lead Department: Office of Emergency Services
Recommended Motion
Staff recommends that Council authorize the City Manager to sign the enclosed Memorandum
of Understanding (MOU) on behalf of the City of Palo Alto for a grant of funds made by the
County of Santa Clara for the State Homeland Security Grant Program (SHSGP).
Discussion
The County of Santa Clara's Office of Emergency Management (OEM) administers SHSGP fo r
authorized training and equipment and requires awardees sign the MOU to receive
reimbursement. The City's Office of Emergency Services (OES) has been awarded $200,000
from this program to support the procurement of a solar generator to support the Mobile
Emergency Operations Center (MEOC) and other critical systems and facilities. The
performance period for this grant requires acquisition to be completed no later than May 31,
2020. There is no matching funding requirement for this grant.
Resource Impact
SHSGP grant funding and a corresponding expense appropriation in the amount of $200,000
has been included in the OES department budget as part of the FY 2020 Proposed Operating
Budget, subject to Council approval, to fund the purchase of a solar generat or. The City intends
to use the competitive solicitation process for this project. Per the SHSGP requirements, the
selected vendor will be validated by the County of Santa Clara OEM to verify they are not
debarred from such grants.
The Office of Emergency Services (OES) will submit a Fleet Review Form to address ongoing
operations and maintenance costs, depending on the type of product and any bundled services
that might be included in the selected solution.
City of Palo Alto Page 2
Policy Implications
This project aligns with City policies. Further, this project supports two City Council 2019
Priorities:
Climate Change/Sustainability and Climate Action Plan
Fiscal Sustainability: this has much lower operations and maintenance (O&M) costs vs.
fossil fuel generators
Environmental Review
The recommendation in this report does not constitute a project requiring review under the
California Environmental Quality Act (CEQA).
Attachments:
ATTACHMENT A - Agreement with County of Santa Clara
Exhibit A - FY 2018 SHSGP Project Funding
Exhibit B - FY 2018 HSGP Grant Assurances
Exhibit C - Quarterly Performance and Reporting Requirements
Exhibit C-1 - Report Template
2018 SHSGP MOU
City of Palo Alto
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AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF PALO ALTO GRANTING PROGRAM FUNDS FOR THE
2018 HOMELAND SECURITY GRANT PROGRAM FUNDS
THIS AGREEMENT is made effective September 1, 2018, by and between the County of Santa Clara
(“County”) and the City of Palo Alto (“Palo Alto”) for the allocation and distribution of 2018 State
Homeland Security Grant Program funds.
RECITALS
WHEREAS, the 2018 State Homeland Security Grant Program (SHSGP, CFDA #97.067) supports the
implementation of State Homeland Security Strategies to address the identified planning, organization,
equipment, training and exercise needs for acts of terrorism and other catastrophic events, and
management and administration of the grant. In addition, SHSGP supports the implementation of the
National Preparedness Guidelines, the National Incident Management System (NIMS), and the National
Response Network (NRF);
WHEREAS, the State of California (“State”) has designated the County as the Operational Area for
purposes of distributing SHSGP funds to the cities, special districts and other entities within the County.
An Anti-Terrorism Approval Body (County Approval Authority), comprised of one County Public
Health Officer, County Fire Chief, Municipal Fire Chief, County Sheriff, and Chief of Police, has been
appointed for the purpose of approving the distribution of SHSGP funds at the Operational Area level;
WHEREAS, on September 1, 2018 the California Office of Emergency Services (“Cal OES”) awarded
the County 2018 SHSGP funds in the amount of $2,016,023. The allocation of the SHSGP funds will
be determined by the County Approval Authority in accordance with the grant guidelines.
NOW, THEREFORE, the County and Palo Alto agree as follows:
THE AGREEMENT
Article I. Definitions
1.Specific Terms
(a)“Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other
deductions from an employee’s paycheck. This rate does not include vacation benefits.
(b)“Palo Alto” shall mean the City of Palo Alto, its officers, board members, employees, and
agents.
(c)“County” shall mean the County of Santa Clara, its officers, board members, employees,
and agents.
ATTACHMENT A
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(d) “SHSGP funds” or “SHSGP funding” shall mean the funding Palo Alto receives under this
Agreement.
(e) “Federal Program Guidance” shall mean guidance documents issued by the Federal
Emergency Management Agency, including the SHSGP Program Funding Opportunity
Announcement, for Fiscal Year 2018.
(f) “Grant Certifications and Assurances” shall mean the FY18 SHSGP Agreement Articles,
Assurances, Certifications, Terms, and Conditions
(g) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or
more per year.
(h) “Prime Recipient” shall refer to County.
(i) “State Guidance” shall mean the California Supplement to the Federal Program Funding
Opportunity Announcement, issued by Cal OES for Fiscal Year 2018.
(j) “Sub-Recipient” shall refer to Palo Alto.
2. References to This Agreement
Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices,
schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other
documents incorporated by reference into this Agreement; (d) all amendments, modifications, or
supplements to this Agreement.
Article II. Payment
1. Payment Eligibility
Unless otherwise approved in advance by the County Office of Emergency Management (OEM) Grants
Administrator (hereinafter “grants administrator”), only an actual cash disbursement by Palo Alto for a
claimed expense shall be eligible for reimbursement by the County as approved and specified in Exhibit
A, SHSGP Project Funding, which is attached and hereby incorporated into this Agreement.
2. Amount of Payment
The County will provide Palo Alto, unless otherwise specified, with the equipment, supplies, and/or
other resources as set forth in Exhibit A, SHSGP Project Funding. Specifications for su ch equipment
shall be provided by Palo Alto’s requesting agency to the County for the appropriate procurement
process. Palo Alto’s requesting agency will be notified when the procurement process is complete for
final approval of equipment prior to the order being placed. If, through previous agreement with the
County, Palo Alto is to procure its own equipment, performance milestone dates will apply (refer to
Article IV, Section 3(b)).
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The County may reallocate SHSGP funds as specified in Article II, section 4 of this Agreement. County
does not guarantee a minimum payment to Palo Alto.
Funds in the amount of $173,473 have been set aside for the training and exercise programs from the
SHSGP grant to be allocated during the term of this Agreement. OEM will allocate training and exercise
funds to agencies as determined by the Training/Exercise Advisory Group.
Authorized personnel budgets are allowable within the County OEM, Central Fire, and County
Emergency Medical Services. The personnel budget for these departments will reflect the expenditure
authority. Reimbursement for actual cash disbursements will be requested through the County OEM.
Based on the preference of the Department/Agency, reimbursement requests may be requested on a
monthly or quarterly basis. For County Departments, reimbursements will be made via inter-county
transfer. For all others, a County warrant will be issued.
3. Maximum Amount Payable
Subject to the availability of funds and the priorities established by the County Approval Authority, the
maximum amount of SHSGP funds payable by the County to Palo Alto under this Agreement must not
exceed $200,000, as allocated by the County Approval Authority.
4. Reallocation of SHSGP Grant Funds
For the purpose of maximizing the resources available for preparedness for acts of terrorism and other
catastrophic events within the Operational Area, Palo Alto agrees that the County Approval Authority
may reallocate funds under this Agreement to Palo Alto or to another applicant if the County determines
that Palo Alto is unable to utilize the amount allocated under this Agreement. The County may base its
determination on factors that include, but are not limited to the following: delivery timelines, fund
expenditure capabilities, and timeliness of expenditure. The County will notify Palo Alto in writing of
any determination to reallocate funds, by issuing a “Notice of Reallocation.” SHSGP funds will be put
forth to the County Approval Authority for reallocation. Palo Alto agrees that the County has the
authority to increase or decrease the maximum amount payable under this Agreement as specified in the
Notice of Reallocation document without liability and the County has the authority to amend Exhibit A,
“SHSGP Project Funding,” accordingly. Upon issuance, the Notice of Reallocation will automatically
become part of this Agreement.
Article III. Requests for Reimbursement and Reimbursements
1. Required Documentation for Reimbursement
The SHSGP is a reimbursement grant under which Cal OES disburses reimbursement funds to County,
and County disburses reimbursement funds to Palo Alto. No cash advances are permitted under the
SHSGP program.
(a) Requests for Equipment
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The following documentation is required for all reimbursement requests for equipment:
• Quote or solicitation documents
• Summary of pricing and chosen vendor
• Documentation that vendor is not on the excluded parties list (https://www.epls.gov/) (a
print-out of the search result page will suffice)
• Purchase order and/or contract
• Receiving documentation/packing slip
• Invoice
• Proof of payment
All equipment must be approved by the County Approval Authority and must be authorized per
the web-based Authorized Equipment List on the Responder Knowledge Base, which is
sponsored by Grants & Training and the National Memorial Institute for the Prevention of
Terrorism at https://www.rkb.us/. (Contact the Grant Manager for a current Authorized
Equipment List.)
(b) Subcontracts
If Palo Alto awards subcontracts totaling $25,000 or more, it must report on any such
subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit
D, within 30 days of the award. The following information must be included in Palo Alto’s report
on any sub-award exceeding $25,000:
• Name of entity receiving award;
• Amount of award;
• Funding agency;
• Catalog of Federal Domestic Assistance program number;
• Award title (descriptive of the purpose of the funding action);
• Location of the receiving entity and primary location of performance including city, state,
and federal Congressional district;
• Dun & Bradstreet (D&B) DUNS Number of the receiving entity, and of its parent if
applicable; and
• Total compensation and names of receiving entity’s five most highly compensated
executives if:
o In the preceding fiscal year, the subcontractor received 80 percent or more, and
$25,000,000 or more, of its gross annual revenue from federal procurement
contracts or subcontracts or from federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. § 170.230; and
o The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), 78o(d), or under section
6104 of the Internal Revenue Code of 1986.
o Palo Alto must report subcontractor executive compensation by the end of the
month following the month in which it makes the sub-award. For example, if the
sub-award is obligated in any date in April 2018, Palo Alto must report any
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required compensation information by May 31, 2018.
Classified information that, in the interest of national security, requires protection against
unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under
Executive Order 12958) is exempt from the Prime and Sub-Recipient reporting requirements, as
are contracts with individuals.
(c) Sole Source Contracts
Sole source contracts of $250,000 or more are not allowable under the SHSGP program unless
first approved by Cal OES. Palo Alto must obtain sole source request documentation and submit
it to the Grants Manager of County’s OEM. Upon Palo Alto’s completion and submission of the
required sole source documentation, County’s Grants Manager shall forward all sole source
documents to the appropriate Cal OES contact for review and approval. Only after Cal OES
approval is given can a sole source procurement be completed and expenditures reimbursed
using SHSGP allocated funds. Sole source requests below the $250,000 threshold must follow
Palo Alto’s own procurement policies.
(d) Other Requests
The following documentation is required for all reimbursement requests for contractors:
• Quote or solicitation documents
• Executive summary of how contractor was chosen
• Documentation that vendor is not on the excluded parties list (https://www.sam.gov/) (a
print-out of the search result page will suffice)
• Purchase order and/or contract
• Invoice showing deliverables and milestones completed
• Proof of payment
• Financial Disclosure Form (Exhibit D) if awarded contract exceeds $25,000
The following documentation is required for reimbursement of Salaries:
• Functional timesheet
• Description of scope of job which includes Homeland Security-related functions
• Burdened Labor Rate
• Payroll reports showing amount paid for each pay period being claimed
The following documentation is required for reimbursement for Training activities:
• Class syllabus
• Class sign-in sheet
• Instructor/consultant contract documents
• Instructor’s invoice
• Proof of payment
2. Submission of Requests for Reimbursement
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(a) Palo Alto shall submit reimbursement requests to County’s OEM on a quarterly basis.
Unless pre-approved by County’s OEM Director or designee, all reimbursement requests
shall be due fifteen calendar days after the end of the quarter, with the exception of the final
expenditure and/or invoice, as indicated below. Any expenditure during the final period
identified in the chart below shall be made by April 15, 2021, and any related invoice shall
be submitted by April 30, 2021, unless otherwise pre-approved by County’s OEM Director
or designee, in order to meet 2018 SHSGP deadlines.
(b) During the term of this Agreement, County is not obligated to honor any request for
reimbursement that is submitted after April 30, 2021.
Article IV. Use of Funds
1. Master Grant Obligations
(a) Palo Alto shall comply with the SHSGP Federal Program Guidance, the State Guidance, and
the Grant Certifications and Assurances, attached as Exhibit B. Palo Alto shall require any
sub-grantee, contractor, or other entity receiving SHSGP funds through or from Palo Alto to
execute a copy of the Grant Certifications and Assurances, and shall be responsible for
ensuring that sub-grantee, contractor, or other entity complies with the Grant Certifications
and Assurances.
(b) Palo Alto shall comply with all other applicable statutes, regulations, executive orders,
requirements, policies, guides, guidelines, information bulletins, Cal OES grant management
memos, and instructions; the terms and conditions of the grant award; and any other
conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this
Agreement conflict with any State requirements, the State requirements will control. Palo
Alto shall ensure that any sub-grantee, contractor, or other entity receiving SHSGP funds
through or from Palo Alto complies with all applicable statutes, regulations, executive
orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant
management memos, and instructions; the terms and conditions of the grant award; and any
other conditions imposed by Cal OES or by this Agreement.
(c) Palo Alto shall establish and maintain administrative, programmatic and fiscal management
records in accordance with federal and state requirements, and:
i. Maintain financial management systems that support grant activities in accordance
with federal and state requirements, including but not limited to requirements in 44
Code of Federal Regulations (“C.F.R.”) Part 13.20, and the Office of Justice
Programs Financial and Administrative Guide for Grants, Part II, Chapter 3.
ii. The County shall provide and affix equipment tracking numbers for all equipment
purchased through its procurement process. Using the County-issued tracking
number, Palo Alto shall maintain an equipment tracking ledger that tracks the
equipment within Palo Alto and complies with federal and state requirements,
including but not limited to requirements in 44 C.F.R., Parts 13.32 and 13.33, and the
Office of Justice Programs Financial and Administrative Guide for Grants, Part III,
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Chapter 6.
(d) By executing this Agreement, Palo Alto certifies that it is not debarred, suspended, or
otherwise ineligible to receive SHSGP funds. In addition, Palo Alto shall ensure and
independently verify that any sub-grantee, contractor, or other entity receiving SHSGP funds
through or from Palo Alto complies with federal and state requirements, including but not
limited to requirements in 44 C.F.R., Parts 13.32 and 13.33, and the Office of Justice
Programs Financial and Administrative Guide for Grants, Part III, Chapter 6, and is not
debarred, suspended, or otherwise excluded from participation in the SHSGP program. Palo
Alto shall maintain documentary proof of this verification in its files.
2. Scope of Services
(a) If Palo Alto has been allocated funding for a project, Exhibit A, “SHSGP Project Funding,”
will serve as the basis for the project. A further detailed description may be necessary and
will be requested by the County if needed to be incorporated by reference herein. If future
funding is allocated, Palo Alto shall provide a detailed description of the approved project to
be attached hereto and incorporated by reference herein.
(b) Palo Alto shall use the funds granted under this Agreement in a manner consistent with:
i. The applications submitted by the County to the State for the grant under this
Agreement;
ii. The grant guidelines issued by the State for the grant under this Agreement; and
iii. The notifications issued by the State of the approval of the grant under this
Agreement
(c) The documents described in Exhibit B of this Agreement (collectively the “State Grant
Requirements”) are on file with the County and the granting agencies of the State, and are
hereby incorporated into this Agreement. Palo Alto hereby acknowledges that it has received
a copy of the State Grant Requirements.
(d) Palo Alto shall use the funds granted under this Agreement only for the purpose of
implementing applicable initiatives under the 2018 SHSGP program, as indicated in Exhibit
A, “SHSGP Project Funding”. Palo Alto shall not use the funds granted under this Agreement
for any other purpose. Incumbents filling positions funded by the 2018 SHSGP program
shall work at a location inside of the Santa Clara County Operational Area, and the work of
grant-funded personnel must be solely focused on threats to the Santa Clara County
Operational Area. County will not disburse funds to or otherwise pay Palo Alto for services
that do not address a terrorism nexus, or for materials, equipment, or supplies provided by
Palo Alto that are beyond the scope of the services, materials, equipment, or supplies agreed
upon in this Agreement or a lawfully executed written amendment.
3. Performance and Reporting Requirements
(a) Performance reports indicating the status of outstanding projects are due to the County
Grants Administrator on a quarterly basis as follows:
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(b) The following dates represent the Grant Performance Period for the SHSGP program:
• Performance Period 1 (September 1, 2018 – December 31, 2018) – due by January
15, 2019
• Performance Period 2 (January 1, 2019 – March 31, 2019) – due by April 15, 2019
• Performance Period 3 (April 1, 2019 – June 30, 2019) – due by July 15, 2019
• Performance Period 4 (July 1, 2019 – September 30, 2019) – due by
October 15, 2019
• Performance Period 5 (October 1, 2019 – December 31, 2019) – due by January 15,
2020
• Performance Period 6 (January 1, 2020 – March 31, 2020) – due by April 15, 2020
• Performance Period 7 (April 1, 2020 – June 30, 2020) – due by July 15, 2020
• Performance Period 8 (July 1, 2020 – September 30, 2020) – due by
October 15, 2020
• Performance Period 9 (October 1, 2020 – December 31, 2020) – due by January 15,
2021
• Performance Period 10 (January 1, 2021 – March 31, 2021) – due by April 30, 2021
(c) The County will provide Palo Alto with a report template (Exhibit C, “Performance
Report”), and Palo Alto will utilize the template to complete the performance submittal to
the County.
(d) Payments made by the County to Palo Alto are conditioned upon the timely receipt of
applicable, accurate and complete reports, including supporting document, to be submitted
by Palo Alto.
(e) Palo Alto will notify the County representative identified in Article VII, Section I, within
15 days, when Palo Alto has completed all performance obligations for these grants.
(f) Palo Alto will provide single audit reports to the County by July 31st of each fiscal year.
Article V. Term and Termination
1. Term of Agreement
This Agreement is effective from September 1, 2018 through May 31, 2021.
2. Availability of Funds
(a) The parties acknowledge and agree that this Agreement is dependent upon the availability
of county, regional, State and/or federal funding.
(b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient
funding by County for the products and services covered by this Agreement. If funding is
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reduced or eliminated by County for the products or services covered by this Agreement,
County has the option to either terminate this Agreement with no liability occurring to
County or to offer an amendment to this Agreement indicating the reduced amount.
(c) The obligations of County to make payments in accordance with the provisions of this
Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or
change in allocation or allotment in funding to County from federal, State or other regional
funding sources.
4. Termination
(a) Termination for Convenience. County shall have the option, in its sole discretion, to
terminate this Agreement at any time without cause upon written notice to Palo Alto. The
written notice shall specify the date on which termination shall become effective, which
shall be no less than seven (7) days from the date of the notice.
(b) Termination for Cause. Either party may terminate this Agreement for cause upon written
notice to the other party. The written notice shall specify the date on which termination
shall become effective, which shall be no less than thirty (30) days from the date of the
notice. Termination for cause includes, but is not limited to, a material breach of this
Agreement, a violation of any applicable laws, or failure to comply with applicable SHSGP
guidelines.
(c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the
non-breaching party shall give written notice of the breach to the breaching party,
specifying the breach/cause. The breaching party shall not be deemed in default and the
non-breaching party shall not institute proceedings or exercise any remedies against the
breaching party unless the breach has not been cured, corrected or remedied within thirty
(30) days after the breaching party’s receipt of the notice of breach, or within such longer
period as may be reasonably required to cure, correct or remedy the breach, provided the
breaching party has commenced its cure, correction or remedy within the thirty (30) day
period and diligently and continuously pursues that cure, correction or remedy.
(d) If this Agreement is terminated, Palo Alto shall return SHSGP funding in accordance with
SHSGP program guidelines.
Article VI. Indemnification and Liabilities
1. Indemnification by Palo Alto
In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the
parties under Government Code section 895.6, County and Palo Alto agree instead that under
Government Code section 895.4, Palo Alto shall fully indemnify and hold County, its officers, board
members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed
for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of Palo Alto, its officers, board members, employees or agents, under
or in connection with or arising out of any work, authority or jurisdiction delegated to Palo Alto under
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this Agreement. This indemnity shall include, without limitation, reasonable attorneys’ fees, consultants
and experts and related costs, and County’s cost of investigating any claim.
2. Duty to Defend
Palo Alto acknowledges and agrees that its obligation to defend County under Article V.1: (a) is an
immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any
claim, expense, cost, damage, or liability falling within the scope of Article V.1, regardless of whether
the allegations made in connection with that claim, expense, cost, damage, or liability may be
groundless, false, or fraudulent. County shall provide Palo Alto with prompt notice of any claim,
expense, cost, damage, or liability under Article V.1 and Palo Alto shall have the right to defend, settle,
or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have
the right to retain its own counsel at Palo Alto’s expense if representation of County by counsel retained
by Palo Alto would result in a conflict of interest, and that Palo Alto shall obtain County’s prior written
consent to settle or compromise if Palo Alto contends that County shares in any liability. County’s
failure to notify Palo Alto promptly of any claim, expense, cost, damage, or liability shall not relieve
Palo Alto of liability to County under Article V.1 unless that failure materially impairs Palo Alto’s
ability to defend against the claim, expense, cost, damage, or liability.
3. Limitation on Liability
County, its officers, board members, employees, and agents shall not be responsible for any damage or
liability occurring by reason of the negligent acts or omissions or willful misconduct of Palo Alto, its
officers, board members, employees, or agents, un der or in connection with or arising out of any work,
authority or jurisdiction delegated to Palo Alto under this Agreement.
County’s obligations under this Agreement shall be limited to the aggregate amount of SHSGP funds
actually disbursed. Notwithstanding any other provision in this Agreement or any other document or
communication between County and Palo Alto relating to this Agreement, in no event shall County be
liable for any damages arising out of or in connection with this Agreement, the SHSGP funds, Palo
Alto’s Spend Plan, or any activities performed in connection with this Agreement.
Article VII. Miscellaneous
1. Notice
All notices required by this Agreement shall be deemed given when provided in writing and delivered
personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed
to the other party at the address set forth below or at such other address as the party may designate in
writing:
To Palo Alto:
Kenneth Dueker, Director, Palo Alto Office of Emergency Services
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City of Palo Alto
275 Forest Ave.
Palo Alto, CA 94301
To County:
Michelle Sandoval
Grant and Administrative Services Manager
County of Santa Clara Office of Emergency Management
55 W. Younger Ave., Suite 450
San Jose, CA 95110
2. Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft
Prevention
(a) Compliance with All Laws. Palo Alto shall comply with all applicable Federal, State, and local
laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non-
discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below.
(b) Compliance with Non-Discrimination and Equal Opportunity Laws: Palo Alto shall comply with
all applicable Laws concerning nondiscrimination and equal opportunity in employment and
contracting, including but not limited to the following: Santa Clara County’s policies for
contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964
as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment
Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963;
California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor
Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of
2008. In addition to the foregoing, Palo Alto shall not discriminate against any subcontractor,
employee, or applicant for employment because of age, race, color, national origin, ancestry,
religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical
disability, medical condition, political belief, organizational affiliation, or marital status in the
recruitment, selection for training (including but not limited to apprenticeship), hiring,
employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor
shall Palo Alto discriminate in the provision of services provided under this contract because of
age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression,
sexual orientation, mental disability, physical disability, medical condition, political beliefs,
organizational affiliations, or marital status.
(c) Compliance with Wage and Hour Laws: Palo Alto shall comply with all applicable wage and
hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the
California Labor Code, and, if applicable, any local minimum wage, prevai ling wage, or living
wage Laws.
(d) Definitions: For purposes of this Subsection H, the following definitions shall apply. A “Final
Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a
court of law, an investigatory government agency authorized by law to enforce an applicable
Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the
time period to appeal has expired. For pay equity Laws, relevant investigatory government
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agencies include the federal Equal Employment Opportunity Commission, the California
Division of Labor Standards Enforcement, and the California Department of Fair Employment
and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation
on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation,
race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as
amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or
California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant
investigatory government agencies include the federal Department of Labor, the California
Division of Labor Standards Enforcement, and the Palo Alto’s Office of Equality Assurance.
(e) Prior Judgments, Decisions or Orders against Contractor: By signing this Agreement, Palo Alto
affirms that it has disclosed any final judgments that (A) were issued in the five years prior to
executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration
panel and (B) found that Palo Alto violated an applicable wage and hour law or pay equity law.
Palo Alto further affirms that it has satisfied and complied with – or has reached Agreement with
the County regarding the manner in which it will satisfy – any such final judgments.
(f) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time
during the term of this Agreement, Palo Alto receives a Final Judgment rendered against it for
violation of an applicable wage and hour Law or pay equity Law, then Palo Alto shall promptly
satisfy and comply with any such Final Judgment. Palo Alto shall inform the Office of the County
Executive-Office of Countywide Contracting Management (OCCM) of any relevant Final
Judgment against it within 30 days of the Final Judgment becoming final or of learning of the
Final Judgment, whichever is later. Palo Alto shall also provide any documentary evidence of
compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice
required by this paragraph shall be addressed to the Office of the County Executive-OCCM at
70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this
paragraph are separate from any other notice provisions in this Agreement and, accordingly, only
notice provided to the Office of the County Executive-OCCM satisfies the notice requirements
in this paragraph.
(g) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and
notwithstanding any other provision of this Agreement concerning access to Palo Alto’s records,
Palo Alto shall permit the County and/or its authorized representatives to audit and review
records related to compliance with applicable pay equity Laws. Upon the County’s request, Palo
Alto shall provide the County with access to any and all facilities and records, including but not
limited to financial and employee records that are related to the purpose of this Section, except
where prohibited by federal or state laws, regulations or rules. County’s access to such records
and facilities shall be permitted at any time during Palo Alto’s normal business hours upon no
less than 10 business days’ advance notice.
(h) Pay Equity Notification: Palo Alto shall (1) at least once in the first year of this Agreement and
annually thereafter, provide each of its employees working in California and each person
applying to Palo Alto for a job in California (collectively, “Employees and Job Applicants”) with
an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this
Agreement, continuously post an electronic copy of all applicable pay equity Laws in
conspicuous places accessible to all of Palo Alto’s Employees and Job Applicants.
2018 SHSGP MOU
City of Palo Alto
13
(i) Material Breach: Failure to comply with any part of this Section shall constitute a material breach
of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any
or all remedies available under this Agreement and at law. County may, among other things, take
any or all of the following actions:
1. Suspend or terminate any or all parts of this Agreement.
2. Withhold payment to Palo Alto until full satisfaction of a Final Judgment concerning
violation of an applicable wage and hour Law or pay equity Law.
3. Offer Palo Alto an opportunity to cure the breach.
(j) Subcontractors: Palo Alto shall impose all of the requirements set forth in this Section on any
subcontractors permitted to perform work under this Agreement. This includes ensuring that any
subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies
and complies with such Final Judgment.
3. County No-Smoking Policy
Palo Alto and its employees, agents and subcontractors shall comply with County’s No Smoking
Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to
time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-
owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and
leased buildings where County is the sole occupant, and (3) in all County vehicles.
4. Food and Beverage Standards
Except in the event of an emergency or medical necessity, the following nutritional standards shall
apply to any foods and/or beverages purchased by Palo Alto with County funds for County-sponsored
meetings or events.
If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1)
fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods
without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and
(4) foods with less than 0.5 grams of trans-fat per serving. Whenever possible, Palo Alto shall (1) offer
seasonal and local produce; (2) serve fruit instead of sugary, high-calorie desserts; (3) attempt to
accommodate special dietary and cultural needs; and (4) post nutritional information and/or a list of
ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and
Palo Alto should consider providing a vegan option. If pre-packaged snack foods are provided, the
items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist
solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no
more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with
no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water
with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may
be provided as condiments; (3) unsweetened, unflavored nonfat or 1% low-fat dairy milk; (4) plant-
derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce
serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6)
2018 SHSGP MOU
City of Palo Alto
14
other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce
serving. Sugar-sweetened beverages shall not be provided.
5. Governing Law
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance
with, the laws of the State of California.
6. Assignment
The parties may not assign this Agreement or the rights and obligations hereunder without the specific
written consent of the other.
7. Entire Agreement
This document represents the entire Agreement between the parties with respect to the subject matter
hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the
subject matter of this Agreement are merged into this Agreement.
8. Amendments
This Agreement may only be amended by an instrument signed by the parties.
9. Counterparts; Contract Execution
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute one and the same instrument. Unless otherwise
prohibited by law or County policy, the parties agree that an electronic copy of a signed Agreement, or
an electronically signed Agreement, has the same force and legal effect as a contract executed with an
original ink signature. The term “electronic copy of a signed contract” refers to a transmission by
facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable
document format. The term “electronically signed contract” means a contract that is executed by
applying an electronic signature using technology approved by the County.
10. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or
unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so
conformable, so as not to affect the validity or enforceability of this Agreement.
11. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver
of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and
shall apply to the specific instance expressly stated.
2018 SHSGP MOU
City of Palo Alto
15
12. Conflict of Interest
In accepting this Agreement, Palo Alto covenants that is presently has no interest and shall not acquire
any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree
with the performance of services under this Agreement. Palo Alto is responsible for assuring compliance
of its subcontractors, if any, with the requirements of this provision.
13. Certified Resolution of Signature Authority
Upon request of County, Palo Alto shall deliver to County a copy of the resolution(s) authorizing
execution, delivery and performance of this Agreement, certified as true, accurate and complete by the
appropriate authorized representative of Palo Alto.
Signed:
COUNTY OF SANTA CLARA CITY OF PALO ALTO
By__________________________ ________ By_________________________ ______
Garry Herceg Date Ed Shikada Date
Deputy County Executive City Manager
Approved as to Form and Legality: Approved as to Form and Legality:
____________________________ ____________________________
Kavita Narayan Date Molly Stump Date
Lead Deputy County Counsel City Attorney
Enclosures
Exhibit A 2018 SHSGP Project Funding
Exhibit B Grant Assurances
Exhibit C Quarterly Reporting Requirements and Report Template
FY2018 SHSGP Allocation
10/18/2017
Grant Program Funding Staffing Costs Training Exercise Planning Equipment TOTAL Balance
SHSGP 2,011,669.00$ -$ -$ -$ 2,011,669.00$
Grant Cap
50% maximum
Personnel Costs 1,005,834.00$ -$ -$ 1,005,834.00$
Grant Minimum
Requirement
25% minimum
SHSGP/LE**502,917.00$ 62,205.00$ $62,205.00 -$440,712.00
M&A 100,130.00$
T/E Coordinator 160,000.00$
EMS CMTF 182,000.00$
Fire CMTF 227,494.00$
Total Staffing Costs 669,624.00$
Training Sub-
Total -$
Exercise Sub-
Total -$ Total Planning -$ Equipment Sub-Total -$
LE Staffing
Personnel
Costs
Personnel
Costs -$ LE Equipment
-$ -$
Staffing Costs Training Costs Exercise Costs Planning Activities Equipment Costs
4/22/2019
EXHIBIT A
FY18 State Homeland Security Grant Program Approved Projects
Lin
e
I
t
e
m
#
Discipline Agency
Funding
Category Project Description Allocated Amount
1
Staffing/
M&A
Office of Emergency Services
Michelle Sandoval, SHSGP Program Manager M/A/
Planning
Staffing - 1/2 time salary cost for
Management & Administration of
Homeland Security Grant
Program (Grants Program
Manager)$100,130.00
2 Staffing
Office of Emergency Services
Michelle Sandoval, SHSGP Program Manager M/A/
Planning
Staffing - 1.0 FTE SHSGP
Training and Exercise/Equipment
Coordinator $160,000.00
3
Staffing/
EMS
EMS
Michael Cabano, All Hazards Program Manager
Planning
Staffing - 1.0 All Hazards
Program Manager (EMS/Public
Health)$182,000.00
4 EMS
EMS
Michael Cabano, All Hazards Program Manager
Equipment
(300) EMS Scott Air-Purifying
Respirator Cartridge Project $21,500.00
5 EMS
EMS
Michael Cabano, All Hazards Program Manager
Equipment
Ballistic Protection for Medical-
Health Responders - 100 Sets $77,000.00
6
Staffing/
Fire
Santa Clara County Fire
Douglas Young, Battalion Chief
Planning
Staffing - 1.0 All Hazards
Coordinator (FIRE)$227,494.00
7 Fire
Santa Clara County Fire
Douglas Young, Battalion Chief
Equipment
USAR Trailer Equipment Cache
(update)$219,092.00
2
FY18 State Homeland Security Grant Program Approved Projects
Lin
e
I
t
e
m
#
Discipline Agency
Funding
Category Project Description Allocated Amount
8 Fire
San Jose Fire
Joe Crivello, Battalion Chief/USAR Program Mgr
Equipment
Personal Watercraft, Trailer, and
Associated Equipment $89,400.00
9 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator, Sergeant
Equipment
Special Teams Communications
Ear Pro Hearing Protection (34)$39,236.00
10 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator, Sergeant
Equipment EOD 10 Bomb Suits (2)$88,139.00
11 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator, Sergeant
Equipment
Transit Explosive Detection
Canines (2)$62,205.00
12 Law
San Jose Police Department
Scott Johnson, Lieutenant
Equipment
SJPD Vehicle Incursion Barrier
(6)$270,000.00
13 Law
San Jose Police Department
Steve Guggiana, Sergeant Air Support Unit
Equipment
SJPD Air Support Unit Night
Vision Goggle Equipment (6)$92,000.00
14 Law
Palo Alto OES/Police Department
Kenneth Dueker, Director
Equipment Solar Generator Trailer $200,000.00
15 All
Santa Clara County OES
Karla Espartero/Michelle Sandoval
Training Operational Area Training $187,827.00
$2,016,023.00
3
FY18 Homeland Security Grant Program Training Exercise Requests
Agency/Contact Info Funding Category Requested Amount Ongoing/New Project
Identified in
Multi-Year
Training and
Exercise Plan
Santa Clara County Training Training 215,410.00$ New Yes
Santa Clara County Exercise Exercise 83,313.00$ New Yes
298,723.00$
4/22/2019
FY18 Homeland Security Grant Program Staffing Requests
Lin
e
I
t
e
m
#
Discipline Agency/Contact Info
Funding
Category Project Description
Requested
Amount Ongoing/New Project
Regional/Mutual
Aid Deployable
Identified in
Bay Area
Regional
CBRNE
Assessment
Plan Priority Comments
1
Staffing/
M&A
Office of Emergency Services
Michelle Sandoval
(408) 808-7811
michelle.sandoval@oes.sccgov.org
M/A/
Planning
1/2 time salary cost for
Management &
Administration of
Homeland Security
Grant Program 100,130.00$ Ongoing yes
5% of grant award for Grant
Management and Administration
2
Staffing/
Training
Office of Emergency Services
Michelle Sandoval
(408) 808-7811
michelle.sandoval@oes.sccgov.org Planning
1.0 FTE to administer
Training and Exercise
Program and other
Grant Management 160,000.00$ Ongoing yes
3
Staffing/
EMS
EMS
Michael Cabano, CMTF Coordinator
(408) 794-0625
michael.cabano@ems.sccgov.org Planning CMTF Position for EMS 182,000.00$ Ongoing yes
6
Staffing/
Fire
Santa Clara County Fire
Douglas Young, Battalion Chief
(408) 378-4010
doug.young@sccfd.org Planning CMTF Position for Fire 227,494.00$ Ongoing yes
Total Personnel Cap $1,005,834 669,624.00$
4/22/2019
FY18 Homeland Security Grant Program Emergency Management Requests
Lin
e
I
t
e
m
#
Dis
c
i
p
l
i
n
e
Agency/Contact Info
Funding
Category
Project
Description
Requested
Amount
Ongoing/
New Project
Regional/Mutual
Aid Deployable
Priority
Within
Discipline Comments
1
Staffing/
M&A
g y
Michelle Sandoval
(408) 808-7811
michelle.sandoval@oes.sccgov.
org
M/A/
Planning
y
cost for
Management &
Administration of
Homeland 100,130.00$ Ongoing yes
2
Staffing/
Training
Office of Emergency Services
Michelle Sandoval
(408) 808-7811
michelle.sandoval@oes.sccgov.
org Planning
1.0 FTE to
administer
Training and
Exercise
Program and
other Grant
Management 160,000.00$ Ongoing yes
260,130.00$
FY18 Homeland Security Grant Program Fire Requests
Lin
e
I
t
e
m
#
Di
s
c
i
p
l
i
n
e
Agency/Contact Info
Funding
Category Project Description
Requested
Amount
Ongoing/
New
Project
Regional/Mutual
Aid Deployable
Priority
Within
Discipline Comments
6 FIRE
Santa Clara County Fire
Douglas Young, Battalion Chief
(408) 378-4010
doug.young@sccfd.org Planning Staffing - 1.0 All Hazards Coordinator (FIRE)227,494.00$ ongoing yes
7 FIRE
Santa Clara County Fire
Douglas Young, Battalion Chief
(408) 378-4010
doug.young@sccfd.org Equipment USAR Trailer Equipment Cache (update)219,092.00$ new yes Scalable Options: $169,625 or $154,624
8 FIRE
Santa Clara County Fire
Douglas Young, Battalion Chief
(408) 378-4010
doug.young@sccfd.org Equipment Personal Radiation Detectors (10)12,000.00$ new yes
9 FIRE
Santa Clara County Fire
Douglas Young, Battalion Chief
(408) 378-4010
doug.young@sccfd.org Equipment MX 908 Mass Spectrometer Detector 88,000.00$ new yes
10 FIRE
San Jose Fire
Thomas Lass
Firefighter
(408) 794-6929
thomas.lass@sanjoseca.gov Equipment
Merlin Compressed Air Foam
Decontamination Device and Solution (2)25,000.00$ new yes
11 FIRE
San Jose Fire
Joe Crivello, Battalion Chief/USAR
Program Mgr
(408) 277-8801
joseph.crivello@sanjoseca.gov Equipment
Personal Watercraft, Trailer and Associated
Equipment 74,400.00$ new yes
12 FIRE
Santa Clara County Fire
Douglas Young, Battalion Chief
(408) 378-4010
doug.young@sccfd.org Equipment
MX 908 Mass Spectrometer Detector - for
Sunnyvale DPS 88,000.00$ new yes
Project Request Total 733,986.00$
FY18 Homeland Security Grant Program EMS/Public Health Requests
Lin
e
I
t
e
m
#
Dis
c
i
p
l
i
n
e
Agency/Contact Info
Funding
Category Project Description
Requested
Amount
Ongoing/
New
Project
Regional/
Mutual Aid
Deployabl
e
Priority
Within
Discipline Comments
3 EMS
EMS
Michael Cabano, All Hazards Program
Manager
(408) 794-0625
michael.cabano@ems.sccgov.org Planning
Staffing - 1.0 All Hazards Program
Manager (EMS/Public Health)182,000.00$ Ongoing Yes Counts toward Personnel Cap
4 EMS
EMS
Michael Cabano, All Hazards Program
Manager
(408) 794-0625
michael.cabano@ems.sccgov.org Equipment
EMS Scott Air-Purifying Respirator
Cartridge Project (300)21,500.00$ New Yes
5 EMS
EMS
Michael Cabano, All Hazards Program
Manager
(408) 794-0625
michael.cabano@ems.sccgov.org Equipment
Ballistic Protection for Medical-
Health Responders - 100 Sets 77,000.00$ Ongoing Yes
6 PH
PH
Michael Cabano, All Hazards Program
Manager
(408) 794-0625
michael.cabano@ems.sccgov.org Equipment
MiSeq-Next Generation Sequencing
Lab Machine -$ New Yes Cancelled
Project Request Total 280,500.00$
FY18 Homeland Security Grant Program Law Requests
Lin
e
I
t
e
m
#
Dis
c
i
p
l
i
n
e
Agency/Contact Info
Funding
Category
Project
Description
Requested
Amount
Ongoing/
New
Project
Regional/Mutual
Aid Deployable
Priority
Within
Discipline Comments
13 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator,
Sergeant
(408) 808-4770
dustin.davis@sheriff.sccgov.org Equipment
BERLA iVe
(vehicle system
forensic tool)15,000.00$ New Yes
14 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator,
Sergeant
(408) 808-4770
dustin.davis@sheriff.sccgov.org Equipment
Special Teams
Communications
Ear Pro Hearing
Protection (34)39,236.00$ New Yes
15 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator,
Sergeant
(408) 808-4770
dustin.davis@sheriff.sccgov.org Equipment
EOD 10 Bomb
Suits (2)88,139.00$ New Yes
16 Law
Sheriff s Office
Dustin Davis, Mutual Aid Coordinator,
Sergeant
(408) 808-4770
dustin.davis@sheriff.sccgov.org Equipment
Bomb Squad
Equipment
Transport 84,199.00$ New Yes
17 Law
Sheriff's Office
Dustin Davis, Mutual Aid Coordinator,
Sergeant
(408) 808-4770
dustin.davis@sheriff.sccgov.org Equipment
Transit Explosive
Detection K9s (2)62,205.00$ New Yes
18 Law
San Jose Police Department
Scott Johnson, Lieutenant
(408) 391-0144
3289@sanjoseca.gov Equipment
SJPD Vehicle
Incursion Barrier
(6)270,000.00$ New Yes
19 Law
San Jose Police Department
Steve Guggiana, Sergeant Air
Support Unit
(408) 993-8682
steven.guggiana@sanjoseca.gov Equipment
SJPD Air Support
Unit Medevac
(Patient
Transport)
Equipment 71,765.00$ New Yes
20 Law
San Jose Police Department
Steve Guggiana, Sergeant Air
Support Unit
(408) 993-8682
steven.guggiana@sanjoseca.gov Equipment
SJPD Air Support
Unit Night Vision
Goggle
Equipment (6)138,000.00$ New Yes
FY18 Homeland Security Grant Program Law Requests
21 Law
San Jose Police Department
Michael Wentling, Sergeant Bomb
Squad
(408) 277-4122
3044@sanjoseca.gov Equipment
SJPD
Preventative
Radiation Nuclear
Detection
(PRND) Neutron
Measurement
(13)50,000.00$ New Yes
22 Law
San Jose Police Department
Michael Wentling, Sergeant Bomb
Squad
(408) 277-4122
3044@sanjoseca.gov Equipment
SJPD Heavy Duty
Re,mote Opening
and Rescue Tool 40,000.00$ New Yes
23 Law
San Jose Police Department
Steve Guggiana, Sergeant Air
Support Unit
(408) 993-8682
steven.guggiana@sanjoseca.gov Equipment
SJPD Air Support
Unit Rescue Hoist 285,000.00$ New Yes
24 Law
San Jose Police Department
Michael Wentling, Sergeant Bomb
Squad
(408) 277-4122
3044@sanjoseca.gov Equipment
SJPD Specialized
Vehicle 450,000.00$ New Yes
25 Law
San Jose Police Department
Christopher Sciba, Sergeant
(408) 690-9741
christopher.sciba@sanjoseca.gov Equipment
MERGE Rappel
and Breaching
Training Tower 546,245.00$ New Yes
26 Law
San Jose Police Department
Jeff Profio, Lieutenant
MERGE/K9/Bomb Squad
(408) 839-4275
jeff.profio@sanjoseca.gov Equipment
SJPD Unmanned
Aerial Vehicle (4)10,000.00$ New Yes
Surveillance Technology;
Aviation Reqest approval
27 Law
Palo Alto OES/Police Department
Kenneth Dueker, Director
(650) 329-2419
oes@cityofpaloalto.org Equipment
Solar Generator
Trailer 200,000.00$ New Yes
28 Law
Santa Clara County Sheriff's
Office/SVRIA
Heather Plamondon for Wesley
Chong
(408) 615-5571
hplamondon@svria.org Equipment
SVRIA Coplink
College
Connection(s)144,800.00$ New Yes
Project Request Total 2,494,589.00$
Page 1 of 11
Initials_____ Homeland Security Grant Program (HSGP) – 2018 Grant Assurances
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant
has the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any non-federal share of project cost)
to ensure proper planning, management, and completion of the project described in this
application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a)Applicable Federal Regulations (see below);
(b)Federal Program Notice of Funding Opportunity (NOFO);
(c)California Supplement to the NOFO; and
(d)Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for
federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations
(C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be
found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are set forth below. The Applicant hereby agrees to comply
with the following:
1.Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that the
Applicant and the city council, governing board, or authorized body agree:
(a)To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b)Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or authorized
body;
(c)Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body, and
(d)The official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
EXHIBIT B
Page 2 of 11
Initials_____ Homeland Security Grant Program (HSGP) – 2018 Grant Assurances
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the
period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its
instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation or policy
without the express written approval from the California Governor’s Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in
2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that it
and its principals, subgrantees, recipients or subrecipients:
Page 3 of 11
Initials_____ Homeland Security Grant Program (HSGP) – 2018 Grant Assurances
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. These
include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or national
origin and requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency
(LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the
basis of disability and requires buildings and structures be accessible to those
with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part 100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and common
use areas and individual apartment units (all units in buildings with elevators and
ground-floor units in buildings without elevators)— be designed and constructed
with certain accessible features (See 24 C.F.R. § 100.201);
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(h) Executive Order 11246, which prohibits federal contractors and federally assisted
construction contractors and subcontractors, who do over $10,000 in Government
business in one year from discriminating in employment decisions on the basis of
race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part of
government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may
apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with
California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment
and discrimination in employment because of ancestry, familial status, race, color,
religious creed (including religious dress and grooming practices), sex (which includes
pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy,
childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy
disability leave (California Government Code §§12940, 12945, 12945.2), military and
veteran status, and/or retaliation for protesting illegal discrimination related to one of
these categories, or for reporting patient abuse in tax supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be
prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§
21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§
15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air
emissions from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions of
NEPA; and Executive Order 12898 which focuses on the environmental and human
health effects of federal actions on minority and low-income populations with the
goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency empowered to
enter into contracts for the procurement of goods, materials, or services and each
federal agency empowered to extend federal assistance by way of grant, loan, or
contract shall undertake such procurement and assistance activities in a manner
that will result in effective enforcement of the Clean Air Act and the Federal Water
Pollution Control Act Executive Order 11990 which requires preservation of
wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist
order pursuant to § 13301 of the California Water Code for violation of waste discharge
requirements or discharge prohibitions; or 3) determined to be in violation of federal law
relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of
Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the
Comptroller General of the United States and, if appropriate, the state, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents related to the award. The Applicant will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply
with this provision.
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10. Conflict of Interest
The Applicant 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.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no
subgrantee, recipient, or subrecipient shall submit a false claim for payment,
reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting
of subawards obligating $25,000 or more in federal funds and (b) executive compensation
data for first-tier subawards. This includes the provisions of FFATA, which includes
requirements for executive compensation, and also requirements implementing the Act
for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal
Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward
and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at
10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award
recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of
time that the award is in effect; (2) procuring a commercial sex act during the period of time
that the award is in effect; or (3) using forced labor in the performance of the award or
subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours
and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for
federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
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16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to
protect workers who may be injured on the job at all times during the performance of
the work of this Agreement, as per the workers compensation laws set forth in California
Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a
special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive
Order 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.);
and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and
24 CFR Part 35) which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting,
review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
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19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication. Drivers are
also prohibited from the use of a wireless telephone without hands-free listening and
talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for
funding under this program, or provided in the course of an entity’s grant management
activities that are under Federal control, is subject to the Freedom of Information Act
(FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government
Code section 6250 et seq. The Applicant should consider these laws and consult its
own State and local laws and regulations regarding the release of information when
reporting sensitive matters in the grant application, needs assessment, and strategic
planning process.
HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC
ASSURANCES / CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on any
basis the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS Financial Assistance
Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at
CRCL@hq.dhs.gov or by mail at U.S. Department of Homeland Security, Office for Civil
Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of
race, color, national origin (including LEP), sex, age, disability, religion, or familial status
against the recipient, or the recipients settle a case or matter alleging such discrimination,
recipients must forward a copy of the complaint and findings to the DHS Financial
Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
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24. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is
linked or linkable to that individual. All recipients who collect PII are required to have a
publically-available privacy policy that describes standards on the usage and maintenance
of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any
work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.
Part 200, Subpart E may not be charged to other federal financial assistance awards to
overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations,
or federal financial assistance award terms and conditions, or for other reasons. However,
these prohibitions would not preclude recipients from shifting costs that are allowable
under two or more awards in accordance with existing federal statutes, regulations, or the
federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issued in
compliance with this Act.
28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. See OMB Circular A-129.
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding
certificates under 49 U.S.C. § 41102) for international air transportation of people and
property to the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the
interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants
must ensure that all conference, meeting, convention, or training space funded in whole or
in part with federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
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31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that
prohibit supplanting by law must ensure that federal funds do not replace (supplant)
funds that have been budgeted for the same purpose through non-federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No.
96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the
specific requirements governing the development, reporting, and disposition of rights to
inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications.
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient’s currently active grants, cooperative agreements, and
procurement contracts from all federal assistance offices exceeds $10,000,000 for any
period of time during the period of performance of this federal financial assistance award,
you must comply with the requirements set forth in the government-wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the award terms
and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to
using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions
of flags or likenesses of Coast Guard officials.
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including
any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant
recognizes and agrees that state financial assistance will be extended based on the
representations made in this assurance. This assurance is binding on the Applicant, its
successors, transferees, assignees, etc. Failure to comply with any of the above
assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with
these requirements may result in suspension of payments under the grant or termination of
the grant or both and the subrecipient may be ineligible for award of any future grants if the
Cal OES determines that any of the following has occurred: (1) the recipient has made false
certification, or (2) violates the certification by failing to carry out the requirements as noted
above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated
by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-standard-
terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
EXHIBIT C
Quarterly Performance and Reporting Requirements
Quarterly performance reports indicating the status of FY 2018 State Homeland Security Grant Program
(SHSGP) projects are due to the County Grants Administrator, Michelle Sandoval.
The following dates represent the Grant Performance Period for the SHSGP program:
•Performance Period 1 (September 1, 2018 – December 31, 2018) – quarterly performance
report due January 15, 2019
•Performance Period 2 (January 1, 2019 – March 31, 2019) – quarterly performance period
report due April 15, 2019
•Performance Period 3 (April 1, 2019 – June 30, 2019) – quarterly performance period report due
July 15, 2019
•Performance Period 4 (July 1, 2019 – September 30, 2019) – quarterly performance period
report due October 15, 2019
•Performance Period 5 (October 1, 2019 – December 30, 2019) – quarterly performance period
report due January 15, 2020
•Performance Period 6 (January 1, 2020 – March 31, 2020) – quarterly performance period
report due April 15, 2020
•Performance Period 7 (January 1, 2020 – March 31, 2020) – quarterly performance period
report due April 15, 2020
•Performance Period 8 (April 1, 2020 – June 30, 2020) – quarterly performance period report due
July 15, 2020
•Performance Period 9 (July 15, 2020 – September 30, 2020) – quarterly performance period
report due October 15, 2020
•Performance Period 10 (October 1, 2020 – December 30, 2020) – quarterly performance period
report due January 15, 2021
•Performance Period 11 (January 1, 2021 – March 31, 2021) – quarterly performance period
report due April 30, 2021
Performance Report
FISCAL YEAR 2018 Homeland Security Grant Program
Reporting Sub-recipient: __________________________________________________
Performance Period: from _________________ to ____________________
(see Agreement with County for Performance Period Report due date)
Mailing Instructions: Please complete the performance report and return it by the appropriate due
date as indicated: (see Agreement with County for Performance Period Report due dates)
Santa Clara County Office of Emergency Services
Attention: Michelle Sandoval
55 West Younger Ave, Suite 450
San Jose CA, 95110
Questions regarding the completion of this performance report should be directed to Santa Clara
County Office of Emergency Services (408) 808-7811. Questions can also be sent via email to
michelle.sandoval@oes.sccgov.org. Reports can be faxed to (408)294-4689, with a hard copy of
the report mailed to the above address.
Part I –Sub-recipient Contact Information
Authorized person who is responsible for completing this form:
Name_______________________________________________________________________
Title ________________________________________________________________________
Mailing
Address_____________________________________________________________________
Phone_____________________________________Fax______________________________
E-mail _____________________________________________
EXHIBIT C-1
Part II – Project Activities
Directions: Complete the following items to reflect activities completed on your project during this
reporting period.
1. Project Title: ______________________________________________________
2. Please explain the actions/processes being taken and estimated completion date.
Part III –Signature of Preparer
I certify that I have prepared this report with the most timely and accurate information available.
Signature: ____________________________________ Date: _________________________
Printed Name: _________________________________ Title: _________________________