DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
Tuesday, March 19, 2024
Closed Session 5:30pm
Open Session 6:00pm
A. CALL TO ORDER:
1. Roll Call:
by Mayor April Hogue
by Acting City Clerk Manuela Sousa
B. Adjourn to Close Session
1. California Government Code section 54957
Public Employee Performance Evaluation
Title: City Manager
C. Reconvene in Open Session
1. Flag Salute:
2. Invocation:
3. Urgency Additions or Deletions:
by Councilmember Debbie Orlando
by Councilmember Thomas Pigg
Requires urgency and.four affirmative votes
4. Public Comment: At this time, anyone present may comment upon any city-related business item which is not on this agenda. Please state your name and address for the record. Please be concise and avoid repetition. The Mayor may limit you to one presentation not to exceed two minutes in length. State law now requires at least twice as much time be allotted to a member of the public who utilizes a non-English translator. Action, if necessary, is limited to staff referral, or with special conditions, placement on a future agenda.
D. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
None.
E. CONSENT CALENDAR: Action
Items considered routine in nature are placed on the Consent Calendar. There is no discussion of these items before the Council vote, unless a member of the Council or the public requests specific items be discussed and/or removed from the Consent Calendar. Each item on the Consent Calendar approved by the Council shall be deemed to have been considered in full and adopted as recommended.
1. Approval of the Pre-Paids for February 2024.
2. Approval of the Warrants for March 2024.
3. Approval of the Minutes of the February 20, 2024 Regular Meeting.
4. Approval of the Minutes of the February 20, 2024 GSA Meeting.
F. BUSINESS:
1. Consider Authorizing Staff to Solicit Applications to Fill the Vacant City Clerk Position.
2. Consider Entering into an MOU with the Merced County Fire Department to Provide Self Contained Breathing
Apparatus on City Fire Engines.
3. Consider Authorizing the City Manager to Sign Grant Assurances With Merced County Office of Emergency Services for Fiscal Years 2021, 2022, and 2023.
4. Consider Authorizing the City Engineer to Prepare a Rate Study for the Refuse Fund not to exceed $36,000.
5. Consider Approving Resolution 2024-05, Approving the Annual Local Transportation Fund (L TF) Claim to be Filed with MCAG for Fiscal Year 2023-2024.
6. Staff will Provide an Update on City Projects.
Report
Discussion
Action
Report
Discussion
Action
Report
Discussion
Action
Report
Discussion
Action
Report
Discussion
Action
Information
G. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
H. ADJOURNMENT in memory of local departed:
Disclosures and Information:
Maxine Reddick 89
Euveda Snyder 84
Sheila Webster 82
The 97th City Council consists of Mayor April Hogue, Mayor pro Tempore Marcus Porter, Councilmember Thomas Pigg, Councilmember Debbie Orlando, and Councilmember Armando Bravo. The 45th Council Session is now in session and ends on November 15, 2024. The next available numbers of record are Ordinance #437 and Resolution 2024-06. Per 54954.2(a)(l), the City's website cityofdospalos.org may be down intermittently or temporarily for maintenance or repairs. ©City of Dos Palos, Inc., website: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, email:
[email protected]
4880-8310-0334, V. 1
AYUNTAMIENTO DE DOS PALOS
ORDEN DEL DIA DE LA REUNI6N ORDINARIA
Edificio de la Ciudad-Condado, 1554 Golden Gate Avenue
Dos Palos, California, Estados Unidos
Martes, 19 de marzo de 2024
Sesion cerrada 5:30pm
Sesion abierta 6:00pm
Un. LLAMADO AL ORDEN:
1. Pase de lista:
par la alcaldesa April Hogue
par la secretaria municipal interina Manuela Sousa
B. Se levanta la sesi6n para cerrar la sesi6n
1. Secci6n 54957 del C6digo de Gobierno de California
Evaluaci6n del Desempeno de los Empleados Publicos
Tftulo: Administrador de la ciudad
C. Volver a convocar en sesi6n publica
1. Saludo a la bandera:
2. lnvocaci6n:
3. Adiciones o supresiones de urgencia:
par la concejal Debbie Orlando
par el concejal Thomas Pigg
Requiere urgencia y cuatro votos afirmativos
4. Comentario pllblico: En este momenta, cualquier persona presente puede comentar sabre cualquier tema de negocios relacionado con la ciudad que no este en esta agenda. fndique su nombre y direcci6n para que conste.
Por favor, sea conciso y evite la repetici6n. El a/ca/de puede limitarlo a una presentaci6n que no exceda las dos minutos de duraci6n. La fey estatal ahora requiere que se asigne al menos el doble de tiempo a un miembro def pUblico que utiliza un traductor que no sea Ingles. Las medidas, de ser necesario, se limitan a la remisi6n de/ personal o, en condiciones especiales, a su inclusi6n en un programa futuro.
D. ELOGIOS, PRESENTACIONES y PROCLAMACIONES.
Ninguno.
E. CALENDARIO DE CONSENTIMIENTO: Acci6n
Los elementos considerados de naturaleza rutinaria se colocan en el Calendario de consentimiento.
No hay discusi6n de estos temas antes de la votaci6n del Consejo, a menos que un miembro del Consejo o el publico solicite que se discutan y/o eliminen temas especfficos del Calendario de Consentimiento. Se considerara que cada punto del Calendario de Consentimiento aprobado por el Consejo ha sido examinado en su totalidad y adoptado segun lo recomendado.
1. Aprobaci6n de los prepagos para febrero de 2024.
2. Aprobaci6n de las 6rdenes de marzo de 2024.
3. Aprobaci6n del Acta de la Reunion Ordinaria del 20 de febrero de 2024.
4. Aprobaci6n del Acta de la Reunion de la GSA del 20 de febrero de 2024.
F. NEGOCIO:
1. Considere la posibilidad de autorizar al personal a solicitar solicitudes para completar el informe el puesto vacante de secretario municipal. Discusi6n
Acci6n
2. Considere la posibilidad de firmar un memorando de entendimiento con el informe del condado de Merced El Departamento de Bomberos ofrecera una discusi6n sobre respiraci6n aut6noma Aparatos de los camiones de bomberos de la ciudad. Acci6n
3. Considere autorizar al administrador de la ciudad a firmar el informe de garantfas de subvenci6n Con la Oficina de Servicios de Emergencia del Condado de Merced para la discusi6n fiscal
Anos 2021, 2022 y 2023. Acci6n
4. Considere autorizar al ingeniero de la ciudad a preparar un informe de estudio de tarifas para que el Fondo de Basura no exceda los $36,000. Discusi6n
5. Considerar la aprobaci6n de la Resoluci6n 2024-05, que aprueba el lnforme Anual Reclamo del Fondo de Transporte Local (LTF) que se presentara con MCAG Acci6n
para el ano fiscal 2023-2024. Discusi6n
6. El personal proporcionara una actualizaci6n sobre los proyectos de la ciudad. lnformaci6n
G. CORRESPONDENCIA, EVENTOS, CONSEJOS E INFORMES DEL PERSONAL:
H. APLAZAMIENTO EN MEMORIA DE LOS D/FUNTOS LOCALES: Maxine Reddick 89 Euveda Snyder 84
Sheila Webster 82 a nos
Acci6n
Divulgaciones e informaci6n:
El 97g Concejo Municipal esta formado por la alcaldesa April Hogue, el alcalde pro tempo re Marcus Porter, el concejal Thomas Pigg, la concejal Debbie Orlando y el concejal Armando Bravo. La 45• Sesi6n del Consejo esta ahora en sesi6n y finaliza el 15 de noviembre de 2024. Los siguientes numeros de registro disponibles son la Ordenanza #437 y la Resoluci6n 2024-06. Segun 54954.2 (a) (1), el sitio web de la Ciudad cityofdospalos.org puede estar fuera de servicio de forma intermitente o temporal por mantenimiento o reparaciones.
©Ciudad de Dos Palos, Inc., sitio web: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, correo electr6nico: [email protected] 4660-6310-0334, V. 1
Pre-Paid Listing February 2024
23556 Madera Carports, 02/02/2024 $ 19,488.50
23557 Ashton Llanez 02/07/2024 $ 173.98
23558 Joseph Toscano 02/07/2024 $ 195.25
23560 Bankcard Center 02/08/2024 $ 34.86
23561 Home Depot Credit 02/08/2024 $ 9,181.59
23562 Bankcard Center 02/13/2024 $ 343.81
23563 Ashton Llanez 02/14/2024 $ 17 4.27
23661 Gerardo Chavez 02/20/2024 $ 170.50
23662 County of Merced 02/23/2024 $ 58.00
Report Total (09 checks): $ 29,820.76
AP Checks by Date - Summary by Check Date (3/14/2024 12:17 PM) Warrant Listing - March 2024
2367 4 AAA Business Supp 03/14/2024 $ 180.62
23675 Agile Occupationa 03/14/2024 $ 160.00
23676 All Phase Electri 03/14/2024 $ 705.07
23677 Anthem Sports, LL 03/14/2024 $ 328.05
23678 Aramark Uniform & 03/14/2024 $ 591.85
23679 Arissa Artiaga 03/14/2024 $ 26.36
23680 AT&T 03/14/2024 $ 415.69
23681 Lozano Smith Atto 03/14/2024 $ 15,335.85
23682 AutoZone, Inc. 03/14/2024 $ 186.65
23683 Lelani Ayala 03/14/2024 $ 96.00
23684 Bankcard Center 03/14/2024 $ 336.27
23685 Bankcard Center 03/14/2024 $ 17.25
23686 Bankcard Center 03/14/2024 $ 434.60
23687 Bureau of Reclama 03/14/2024 $ 1,574.64
23688 Casey Moving Syst 03/14/2024 $ 90.00
23689 Central Californi 03/14/2024 $ 5,550.00
23690 Christensen Net-W 03/14/2024 $ 498.10
23691 Cintas 03/14/2024 $ 1,174.93
23692 Comcast 03/14/2024 $ 1,475.97
23693 CSG Consultants, 03/14/2024 $ 3,420.00
23694 Dash Medical Glov 03/14/2024 $ 183.99
23695 Domain Name Servi 03/14/2024 $ 265.00
23696 Dos Palos Fire De 03/14/2024 $ 225.00
23697 Elan Financial Se 03/14/2024 $ 3,270.95
23698 Electric Drives, 03/14/2024 $ 14,599.59
23699 Enviromental.com 03/14/2024 $ 1,799.00
23700 Magdalena Felix 03/14/2024 $ 28.43
23701 Ford Motor Credit 03/14/2024 $ 635.77
23702 Fresno Mobile Rad 03/14/2024 $ 350.00
23703 Frontier Communic 03/14/2024 $ 63.80
23704 Great America Fin 03/14/2024 $ 309.08
23705 Hawks & Associate 03/14/2024 $ 2,190.00
23706 HCL Machine Works 03/14/2024 $ 375.83
23707 Home Depot Credit 03/14/2024 $ 5,215.68
23708 Kaylia Hosack 03/14/2024 $ 93.99
23709 Ingraham Trophies 03/14/2024 $ 1,165.62
Warrant Listing - March 2024
2371 0 JG Hardware Store 03/14/2024 $ 103.83
23711 Jorgensen Company 03/14/2024 $ 1,158.83
23712 Justin's Tire and 03/14/2024 $ 33.61
23713 Katen Pest Soluti 03/14/2024 $ 230.00
23714 Melin Enterprises 03/14/2024 $ 735.00
23715 Merced County Pub 03/14/2024 $ 1,093.28
23716 Mid Valley Dispos 03/14/2024 $ 54,184.48
23717 Mid Valley IT 03/14/2024 $ 4,552.84
23718 Midway Community 03/14/2024 $ 8,913.73
23719 Mike's Towing 03/14/2024 $ 514.00
23720 N & S Tractor Co. 03/14/2024 $ 8.84
23721 Orozco Yard Maint 03/14/2024 $ 895.00
23722 Pace Supply Corp 03/14/2024 $ 198.76
23723 Pacific Gas & Ele 03/14/2024 $ 31,214.46
23724 Pegboard 03/14/2024 $ 1,163.69
23725 Pitney Bowes 03/14/2024 $ 170.17
23726 Price Paige & Com 03/14/2024 $ 17,470.00
23727 Quad Knopf 03/14/2024 $ 35,160.40
23728 Quantum FSD, Inc. 03/14/2024 $ 124.95
23729 Richard Martorell 03/14/2024 $ 700.00
23730 San Luis & Delta 03/14/2024 $ 5,792.95
23731 Santos Ford 03/14/2024 $ 3,768.40
23732 Simplot Grower So 03/14/2024 $ 2,007.90
23733 Smile Business Pr 03/14/2024 $ 110.67
23734 South Dos Palos W 03/14/2024 $ 4,756.35
23735 Sparkletts 03/14/2024 $ 96.30
23736 Springbrook Holdi 03/14/2024 $ 762.00
23737 State Foods Super 03/14/2024 $ 27.77
23738 TCB Investigation 03/14/2024 $ 3,060.62
23739 The Westside Expr 03/14/2024 $ 40.00
23740 Toro Petroleum 03/14/2024 $ 5,364.52
23741 Trans-Rock Trucki 03/14/2024 $ 6,351.57
23742 United Rentals 03/14/2024 $ 6,256.56
237 43 USABlue Book 03/14/2024 $ 66.54
23744 USDA, Service Cen 03/14/2024 $ 3,803.62
237 45 Utility Service C 03/14/2024 $ 3,595.16
23746 Valley Animal Hos 03/14/2024 $ 1,131.55
Warrant Listing - March 2024
23747 Verizon Wireless 03/14/2024
23748 Westamerica Bank
23749 Westamerica Bank
23750 Yonkers & Johnson
03/14/2024
03/14/2024
03/14/2024
Report Total (78 checks):
$ 1,075.90
$ 1,503.84
$ 777.15
$ 4.33
$ 272,717.95
AP Checks by Date - Summary by Check Date (3/14/2024 11 :01 AM) Dos Palos City Council Regular Meeting Minutes
February 20th, 2024
A. CALL TO ORDER: Mayor April Hogue called a Regular Meeting of the Dos Palos City Council to order at 6:00 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, February 20th, 2024.
1. The Pledge of Allegiance was led by Councilmember Debbie Orlando.
2. Councilmember Thomas Pigg led the Invocation.
3. Roll Call: City Clerk Ysidro Garcia called the Roll finding all Councilmembers present: Mayor Hogue, Mayor Pro Tern Porter, Councilmember Pigg, Councilmember Orlando, Councilmember Bravo. Absent: None.
4. Urgency Additions or Deletions: None.
5. Public Forum: Claudia Ortiz; Attended the Neighborhood Watch Meeting at Bravos Restaurant. She wanted the Council to know about the street lights being dim in certain areas of town.
B. COMMENDATIONS, PRESENTATIONS, & PROCLAMATIONS:
I. Derek Lee from Gov Invest gave a presentation to the Council regarding the Pension Funding.
C. CONSENT CALENDAR:
I. It was Moved by Mayor Pro Tern Porter and Seconded Councilmember Bravo to Approve the Pre-Paids for January 2024. The motion passed 5-0 as follows: AYES:
Hogue, Porter, Pigg, Orlando, Bravo. NOES: None. ABSENT: None.
ABSTENTIONS: None.
2. It was Moved by Mayor Pro Tern Porter and Seconded Councilmember Bravo to Approve the Warrants for February 2024. The motion passed 5-0 as follows: AYES:
Hogue, Porter, Pigg, Orlando, Bravo. NOES: None. ABSENT: None.
ABSTENTIONS: None.
3. It was Moved by Mayor Pro Tern Porter and Seconded Councilmember Bravo to Approve the Minutes for the January 16th 2024 Regular Meeting. The motion passed 5-0 as follows: AYES: Hogue, Porter, Pigg, Orlando, Bravo. NOES: None.
ABSENT: None. ABSTENTIONS: None.
4. It was Moved by Mayor Pro Tern Porter and Seconded Councilmember Bravo to Approve the Minutes of the January 23, 2024 Special Meeting with Changes. The Changes to C 1 should say " Direct City Manager to Finance Structure not with specific bank. Bank Name should be stricken". The motion passed 5-0 as follows: AYES:
Hogue, Porter, Pigg, Orlando, Bravo. NOES: None. ABSENT: None.
ABSTENTIONS: None.
5. It was Moved by Mayor Pro Tern Porter and Seconded Councilmember Bravo to Approve the Treasurers Report for July 2023. The motion passed 5-0 as follows:
AYES: Hogue, Porter, Pigg, Orlando. Bravo. NOES: None. ABSENT: None.
ABSTENTIONS: None.
6. It was Moved by Mayor Pro Tern Porter and Seconded Councilmember Bravo to Approve the Treasurers Report for August 2023. The motion passed 5-0 as follows:
AYES: Hogue, Porter, Pigg, Orlando, Bravo. NOES: None. ABSENT: None.
ABSTENTIONS: None.
D. Business:
1. Following a Staff Report it was Moved by Councilmember Orlando and Seconded by Councilmember Pigg to Consider Approving Resolution 2024-02, Approving Debt Management Policy. The motion passed 5-0 as follows: AYES:
Hogue, Porter, Pigg, Orlando, Bravo. NOES: None. ABSENT: None.
ABSTENTIONS: None.
2. Following a Staff Report it was moved by Councilmember Pigg and Seconded by Mayor Pro Tern Porter to Consider Approving Resolution 2024-03, Declaring Intent to Reimburse Certain Expenditures from the proceeds of TaxExempt Indebtedness. The motion passed 5-0 as follows: AYES: Hogue, Porter, Pigg, Orlando, Bravo. NOES: None. ABSENT: None. ABSTENTIONS:
None.
3. Public Hearing was held in Regards to Adopting Resolution 2024-04, Approving Lease/Purchase Financing of Energy Conservation Measures, and Making Certain Findings Pursuant to Government Code Section 4217.13 et seq.
4. Following a Staff Report it was Moved by Councilmember Orlando and Seconded by Councilmember Pigg to Approve Resolution 2024-04, Approving Lease/Purchase Financing of Energy Conservation Measures. The motion passed 5-0 as follows: AYES: Hogue, Porter, Pigg, Orlando, Bravo. NOES:
None. ABSENT: None. ABSTENTIONS: None.
5. Information regarding the Revenue and Expenditure in the Refuse Fund. The Refuse Fund is not collecting enough for monthly payments. A possible rate study can be done to see how we can get out of the current debt. The city is $570,000 in the negative.
E. Correspondence, Events, Council and Staff Reports:
Various reports were made.
F. Adjournment in memory of:
Maria Ortega 92
Gonzolo Gonzalez 87
Guillermo Martinez 85
Porfirio Torres 83
Donald Manes 82
Mary Henderson 78
Rev. Timothy McGinty 76
Bejon Mirgoli 47
Megan Bryant 38
Moises Magana III 24
Meeting Adjourned at 7:25pm.
Respectfully Submitted By,
Ysidro Garcia, City Clerk
Dos Palos Groundwater Sustainability Agency Meeting
A. CALL TO ORDER: Mayor April Hogue called a Meeting of the Dos Palos Groundwater Sustainability Agency Meeting to order at 7:30pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, February 20'h, 2024.
1. Roll Call: City Clerk Ysidro Garcia called the Roll finding Four of the Five City Councilmembers present: Mayor Hogue, Mayor Pro Tern Porter, Councilmember Orlando, Councilmember Bravo. Absent: Councilmember Pigg,
2. Urgency Additions or Deletions: None.
3. Public Forum: None.
B. Business:
1. Following a Staff Report it was moved by Councilmember Orlando and Seconded by Councilmember Bravo to Approve and Authorize the Mayor to sign, the First Amended Memorandum of Understanding Between the Dos Palos Groundwater Sustainability Agency and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency. The motion passes as follows 4-0 as follows: AYES: Hogue, Porter, Orlando, Bravo. NOES: None. ABSENT: Pigg. ABSTENTIONS: None.
2. Following a Staff Report it was moved by Councilmember Orlando and Seconded by Councilmember Bravo to Approve and Authorize the Mayor to Sign a Special Project Agreement for the Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Sub basin. The motion passes as follows 4-0 as follows: AYES: Hogue, Porter, Orlando, Bravo. NOES: None. ABSENT: Pigg. ABSTENTIONS: None.
3. Following a Staff Report it was Moved by Councilmember Orlando and Seconded by Councilmember Bravo to Approve and Authorize the Mayor to Sign, a Memorandum of Agreement Among the Delta-Mendota Sub basin Groundwater Sustainability Agencies.
The motion passes as follows 4-0 as follows: AYES: Hogue, Porter, Orlando, Bravo.
NOES: None. ABSENT: Pigg. ABSTENTIONS: None.
C. Adjournment: The Meeting was Adjourned at 7:44pm.
Respectfully Submitted By,
Ysidro Garcia, City Clerk
March 15, 2024
To: Members of the Dos Palos City Council
From: Dewayne Jones, City Manager
Re: Item F-1, Authorizing Staff to Solicit Applications to Fill the Vacant City Clerk Position, Term Ending December 16, 2024.
With the resignation of Ysidro Garcia, we are in need of filling the vacant City Clerk Position. This action will authorize staff to accept applications and set up interviews.
If you have any questions please feel free to contact me.
FY 2022 AFG MEMORANDUM OF UNDERSTANDING
Between
Merced County and the
City of Dos Palos
Joint Self-Contained Breathing Apparatus Purchase
Through the FEMA Assistance to Firefighters Grant
INTERAGENCV PARTICIPATION PROCESS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between Merced County (hereinafter "County"), and City of Dos Palos (hereinafter "City"), for the purposes set forth below.
WHEREAS, County and City entered into a MOU on January 10, 2023 regarding the application for an Assistance for Firefighters Grant, for the funding and purchase of Self-Contained Breathing Apparatus (SCBA), and
WHEREAS, This grant application was approved by FEMA, and WHEREAS, Self-Contained Breathing Apparatus as agreed to in the previous MOU were purchased by the County, and
WHEREAS, The City desires to place SCBA Equipment on its emergency response vehicles for use by their First Responder personnel; and NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. County and City agree that the SCBA Equipment is placed on its emergency response vehicles on a "permanent loan" basis for use toward the public good. That fact notwithstanding, County retains the authority to request the return of the SCBA Equipment, normal wear and tear acceptable.
2. The City shall provide for all necessary repair and maintenance of SCBA Equipment, including proper care and storage for proper equipment function. The City assumes all liability for the proper operation of the SCBA Equipment and hereby releases the County for any and all liability that may be associated with its use.
3. The City may place the SCBA Equipment into their emergency response vehicle equipment inventories for use as City deems appropriate, with usual and customary rotation and care of the SCBA Equipment expected.
MOU SCBA Purchase
4. The City shall replace, at its expense, any SCBA that has reached its useful service life or has become unserviceable. City shall notify the County prior to the replacement of any County-tagged SCBA Equipment and County shall issue a property transfer form to the City, signifying the release of interest in the SCBA Equipment. Any replacement items purchased by the City to replace SCBA Equipment covered under this MOU shall become the property of City. SCBA Equipment covered in this MOU will be returned to the County for disposition through its surplus authority.
5. The City shall not transfer or loan any of the SCBA Equipment to facilities outside of the County without the approval of the County. The County shall expedite any such review process to not unnecessarily delay such requests for assistance.
6. The City agrees the SCBA Equipment shall be maintained and used in accordance with reasonable industry practice and standards. Any injury to patients or third parties as a result of the misuse of the equipment which results in a claim or lawsuit for damages shall be assumed fully by City and the County shall be indemnified by City as to all costs and expenses to the fullest extent permitted by law.
7. II is agreed by the Parties hereto that the purpose of this SCBA Equipment purchase and transfer for use to the City is to serve the public good and enhance the ability of this healthcare community to provide critical services in the event of an emergency. It is expressly understood that the expectation of the County is that the City shall increase its ability to effectively respond to emergency incidents by adding the SCBA Equipment to its existing emergency response vehicle inventories. Parties hereto agree that failure to use the SCBA Equipment as specified herein shall be cause for return of the SCBA Equipment to the County, normal wear and tear acceptable.
OBJECTIVE OF AGREEMENT
The primary objective of this MOU is of an Agreement that governs the ownership and use of the equipment purchased with the funds that may be awarded under the AFG award. See the table below for specific allocations of equipment. 2022 AFG SCBA Equipment Grant Count
Fire Department
City of Dos Palos
Pack
8
MOU SCBA Purchase
Mask
8 RESPONSIBILITIES OF THE PARTIES
The County agrees to:
• Oversee the grant implementation and coordinate with the granter • Act as the fiscal agent for the grant to include:
o Prepare and submit fiscal and program reports for granter o Audit and track grant funds and deliverables
• Manage grant activities, including but not limited to, project and fiscal reports for granter
• Coordinate with the Partner Agencies throughout the grant term • Deliver the SCBA equipment to Partner Agencies
• Maintain documentation of any changes to the award and/or distribution, compared to the original application
• Ensure compliance of all partners included in the grant • Ensure that all activities comply with the terms of the Notice of Funding Opportunity (NOFO), Award, federal regulations, laws, and Executive Orders as applicable
The City agrees to:
• Each Partner Agency will provide the following assigned liaison(s):
o Project Lead: Primary point of contact responsible for SCBA equipment • Ensure all documents demonstrating programmatic completion are completed in a timely manner, are accurate, and forwarded to the designated Lead Agency contact
• Maintain all SCBA equipment and grant records, files, and supporting documentation in the event of an audit for three years after the official closeout of the grant.
• Ensure that all activities comply with the terms of the host/lead agency, Notice of Funding Opportunity (NOFO), Award, federal regulations, laws, and Executive Orders as applicable
DURATION OF MOU
The MOU will be in effect from the date of signing until disposal of equipment in accordance with grant requirements.
TERMINATION
If either party wishes to withdraw from the MOU, then written notification must be given to all agencies. Termination, and any conditions precedent for the City, will be dependent on the restrictions and processes set forth and enforced by FEMA.
MOU SCBA Purchase
AMENDMENTS
This MOU may be amended at any lime by written agreement of all agencies. Such requests will only be approved if the proposed change(s) is/are consistent with and/or achieve the goals.
HOLD HARMLESS AND INDEMNIFICATION
Each party to this Agreement shall protect, indemnify, and hold harmless every other party and their officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever arising from actions by such party and/or its subcontractors pursuant to this MOU. Each party shall defend at its own expense and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought forth and arising out of or incident to such party's execution of, performance of failure to perform this MOU.
SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
NOTICES
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the party at the addresses provided:
County of Merced
c/o Merced County Fire Department
3500 Apron Ave
Atwater, CA 95301
City of Dos Palos
Dos Palos City Manager
2174 Blossom Street
Dos Palos, CA 93620
All notices mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent via certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed.
For all types of mail, the postmarked affixed by the United States Postal Service shall be conclusive evidence of the date of mailing.
ENTIRE AGREEMENT
This MOU constitutes the entire Agreement between the parties. There are no terms, obligations, covenants, or conditions other than those contained herein. No modifications or amendments of this MOU shall be valid or effective unless evidenced by an agreement in writing signed by all parties.
COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable laws, rules, and regulations pertaining to them in connection with the matters covered herein. This MOU shall be deemed to be
MOU SCBA Purchase
made and construed in accordance with the laws of the State of California. The jurisdiction and venue for any action arising out of this MOU shall be in Merced County, California.
Signature page to follow
MOU SCBA Purchase
County of Merced County
Board of Supervisors
By: ---------- Rodrigo Espinosa, Board Chair
Dated:, ________ _
Approved as to legal form:
By: _________ _
Rina M Gonzales
Chief Deputy County Counsel
City of Dos Palos
By: ---------- Dewayne Jones
City Manager
Dated:, _________ _
Dated: _________ _
MOU SCBA Purchase
OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Dos Palos ("Sub-Recipient").
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding.
Ill. The FY 2021 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2021 GRANT ASSURANCES; 2) Sub-Recipient's signatory to this agreement will separately sign the FY 2021 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2021 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss. 1 The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c). 2 D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient's services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2021 SHSGP is 09/01/2021 to 05/31/2024.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
3 Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Su~-Recipient j}
Name: {;f-/ of ~J ;?/ .. _r
Address: '2 / 7 '/ /)/ f-1-. : ff rrc f 1 /2,J //✓-
Title: &-f-f C--~,.Jr-- ~ate: ~/2 "l /?rzy
Signature: T
Printed Name: c ~ ~
County of Merced
By: ____________ _
Chairman, Board of Supervisors
Date: -------
REVIEWED AS TO LEGAL FORM
By: ___________ _
County Counsel
4 ATTACHMENT A
CalOES
CIOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster 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) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found athttp://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Dis.aster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The 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 discloseaccordingly.
CalOES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
CalOES
GOVERNOR"$ OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl00. 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. § l 00.201 ); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
U) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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Cal OES
BOVERNOR"S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) OHS 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;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 197 4, (P .L. 93-523); U) 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.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 17 6(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7 401 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.
CalOES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, 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 $30,000 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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; (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 othernon-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill 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;
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section l 06 of the (d) 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
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 (HSGP) -
PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21. 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.
22. 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.
23. Best Practices for Collection and Use of Personally Identifiable Information {PII) OHS 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 collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the OHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. 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.
CalOES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude 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.
26. 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.
27. 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 0MB Circular A-129.
28. 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 B138942.
29. 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 197 4, as amended, 15 U.S.C. § 2225a.
CalOES
GOVEANOli'S Ol'FICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. 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 nonfederal sources.
31. 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.
32. 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.
33. 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.
34. 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. 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.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their OHS Financial Assistance Office, prior to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, OHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-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: __________ _
OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Dos Palos ("Sub-Recipient").
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding.
Ill. The FY 2022 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2022 GRANT ASSURANCES; 2) Sub-Recipient's signatory to this agreement will separately sign the FY 2022 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2022 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss. 1 The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with th is AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c). 2 D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient's services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2022 SHSGP is 09/01/2022 to 05/31/2025.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
3 Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name: _____________________________ _
Address: ____________________________ _
Title: ______________ _ Date:
Signature: ____________________________ _
Printed Name: __________________________ _
County of Merced
By~:------------
Chairman, Board of Supervisors
Date: ______ _
REVIEWED AS TO LEGAL FORM
By: ___________ _
County Counsel
4 ATTACHMENT A
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster 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) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
Page l of 14 Initials __ _
CalOES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The 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 discloseaccordingly.
e CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and § § 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. s. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl 00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 ):
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
U) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
CalOES
GOVERNOR'S Ol'FICE
OF EM ERG ENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) OHS 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;
(I) The Applicant will comply with California's Fair Employment and Housing Act {FEHA) {California Government Code §§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex {which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute{s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute{s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 {41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act {CEQA) {California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines {California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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); U) 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 (16U.S.C.§§1451 etseq.);
(I) 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, 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 $30,000 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.
CalOES
GOVERNOR'S OFFICE
OF EM ERG ENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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: ( l) 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; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill 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 l 02( 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;
CalOES
OOVERNOll'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) 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
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 (HSGP) -
PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21. 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.
22. 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.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-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.
24. 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.
Page l O of 14 Initials ---
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude 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.
26. 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.
27. 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 0MB Circular A-129.
28. 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 B138942.
29. 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 197 4, as amended, 15 U.S.C. § 2225a.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. 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 nonfederal sources.
31. 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.
32. 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.
33. 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.
34. 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. 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. §§ l 75-l 75c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their OHS Financial Assistance Office, prior to using the OHS seal{s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, OHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
CalOES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy 15-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: __________ _
OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Dos Palos ("Sub-Recipient").
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding.
Ill. The FY 2023 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2023 GRANT ASSURANCES; 2) Sub-Recipient's signatory to this agreement will separately sign the FY 2023 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2023 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss. 1 The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c). 2 D. Suspension of Peliormance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient's services are to be peliormed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2023 SHSGP is 09/01/2023 to 05/31/2026.
VI. INDEMNIFICATION:·
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the peliormance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
3 Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name: _____________________________ _
Address: ----------------------------- Title: ______________ _ Date:
Signature: ____________________________ _
Printed Name:
County of Merced
By: ____________ _
Chairman, Board of Supervisors
Date: -------
REVIEWED AS TO LEGAL FORM
By: ___________ _
County Counsel
4 ATTACHMENT A
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster 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) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
CalOES
BOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and § § 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl 00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 ); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
U) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code § § 21000- 211 77), 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;
CalOES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 11 738 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 1 1990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); U) 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 etseq.);
(I) 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.
- • CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, 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 $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFAT A, 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 whistle blower 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill 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;
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section l 06 of the (d) 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-l et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 (HSGP) -
PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21. Acknowledgment of Federal Funding from OHS
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.
22. 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.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information {PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-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.
24. 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude 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.
26. 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.
27. 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 0MB Circular A-129.
28. 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 B138942.
29. 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 197 4, as amended, 15 U.S.C. § 2225a.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. 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 nonfederal sources.
31. 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.
32. 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.
33. 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.
34. 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.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. 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. §§ l 75-l 75c.
36. Use of OHS Seal, Logo, and Flags
All recipients must obtain permission from their OHS Financial Assistance Office, prior to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of OHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, OHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-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: __________ _
March 15, 2024
To: Members of the Dos Palos City Council
From: Dewayne Jones, City Manager
Re: Item F-4, Authorizing the City Engineer to Prepare a Rate Study for the Refuse Fund not to exceed $36,000.
At the February 20, 2023 City Council meeting, staff provided information on the Refuse fund and the need to prepare a rate study. This action, not to exceed $36,000, would provide us with the necessary documentation to consider a rate increase in the Refuse fund.
If you have any questions please feel free to contact me.
RESOLUTION NO. 2024-05
A RESOLUTION OF THE CITY OF DOS PALOS APPROVING THE ANNUAL
LOCAL TRANSPORTATION FUND (L TF) CLAIM TO BE FILED WITH THE
MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) FOR FISCAL YEAR 2023-2024
WHEREAS, under the Transportation Development Act (TDA) of 1971, Local Transportation Fund (LTF) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Dos Palos meets all requirements to qualify for said apportionment allocated through the Merced County Association Governments (MCAG), as the designated local transportation and planning agency; and WHEREAS, the annual allocations of L TF monies to each jurisdiction have been calculated by population;
WHEREAS, the City of Dos Palos has L TF monies available to claim in the amount of $41,355.00 for Fiscal Year 2023-2024; and
WHEREAS, the city's proposed expenditures ofLTF monies are in conformity with the Regional Transportation Plan as prepared by MCAG; and
WHEREAS, the city has submitted a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG.
NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Dos Palos does hereby authorize the filing of the annual L TF claim for Fiscal Year 2023- 2024 in the amotmt of$41,355.00.
BE IT FURTHER RESOLVED it is deemed in the best interest of the City of Dos Palos that the City Manager and the City Finance Director be authorized to sign the LTF claim form for Fiscal Year 2023-2024, and to submit said claim to MCAG for processing.
Passed and adopted this 19th day of March, 2024 by the following votes:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
Mayor, April Hogue Acting City Clerk, Manuela Sousa
Claimant:
Type of Claim:
STREETS &ROADS
LOCAL TRANSPORTATION FUND CLAIM
FY 2023-2024
Amount of Claim:
l8l $41,355.00
□
□
l8l
PEDESTRIAN &BICYCLE FACILITIES $ ____ _
OTHER (indicate purpose & TDA Section number ___ _, $ ____ _ TOTAL $41,355.00
It is understood by this claimant that payment of the claim is subject to approval by MCAG, to such monies being on hand and available for distribution, and to the provision that such monies ( and the interest earned on such monies subsequent to a/location) will be used only for those purposes for which the claim is approved and in accordance with the LTF Claim Instructions and the Transportation Development Act.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best ofmy knowledge.
Authorized Representative:
Signature
Dewayne Jones
Print or type name
City Manager
Title
March 15, 2024
Date
Signature of Chief Financial Officer/ Authorized Agent
LTF STREETS & ROADS CLAIM 2023-2024
Claimant:
Project Title, Location(s), and Description
Repairs and Maintenance of streets and sidewalks
otal Project Cost by Funding Source
Funding Source Amount
1. Local Transportation Fund $41,355.00
2. $
3. $
$41,355.00
Total
*for additional projects add information on the following page Prepared by:
Signature
Dewayne Jones
Type or print name
March 15, 2024
To: Members of the Dos Palos City Council
From: Dewayne Jones, City Manager
Re: Item F-6, Update on City Projects
City Staff will provide updates on the various projects and grants within each of the City Departments.
If you have any questions please feel free to contact me.
QIV MEMO
Date: March 14, 2024 Project No.: 240013 /
To: Dwayne Jones, City Manager
From: Garth A. Pecchenino, PE, PLS
Subject: City Project Status
The following will provide a briefreport on the status of various projects and items being addressed by QK staff or working with City Staff to provide assistance for the last month.
Water Plant replacement project:
Contractor has been issued the Notice to Proceed (NTP) for a start date of March 18. The Contractor will have staff on site that day to do some potholing and utility location. The area has received construction staking control for the project.
The first order of work will be to remove the old pipe and excess soils on the site, then move to grade the area north of the new plant location for their Yard area and place the temporary fencing, move in work trailers and set project sign.
The next item will be the placement of the Backwash tank and pump stations near the southeast corner of the project, the contractor will place dewatering wells for this effort. This will be a large deep hole and their first order of work on the project site to install those items so they can be backup to grade for the work on the rest of the site.
There continues to be a review of submittals on the project and responses to RFl's.
We are still working through the schedule to finalize it based on equipment delivery times.
Valeria Street Project - Cal trans approved the Right-of-way certification, which was the last item of their requests, so we have submitted the project for Construction Funding. We recently completed Resiliency Report for Caltrans as part of the funding process.
Thomas Street Project - The Contractor is to come in the week of the Council Meeting to make the repairs, at the time of the report I did not have a date, will coordinate with Gorden.
Center Avenue Project- Contractor to come out toward end of month to go through site again and schedule the repairs.
Other items:
Self Help Funding Application- Started around 2018 with funding requests to the State Water Board and USDA for the repair or replacement of the Sewer Lift Stations for all the entities of the Wastewater JPA. WE had a brief call on 3/13 letting us know that the funding for a Preliminary Engineering Report (PER) and conceptual plans with a cost estimate has been approved for funding. This will consist of a review of the lift stations for the City and determine the repairs or 2816 Park Avenue • Merced, California 95348 • Tel (209) 723-2066 • Fax (559) 733-7821 www.qkinc.com
MEMO PAGE20F2
replacement needs for each lift station in the final PER. The PER will then be used to apply for Construction funding.
Have completed the filing for the Drought & Water Conservation data upload to the State Water Board Portal SAFER.
Water Board Reporting - Water Board has in affect a new reporting requirement for annual reports through the SAFER portal.
Blossom Street Slurry Seal - Look to place this out to Bid as directed by City Staff.
Any changes or updates will be provided at the meeting. GAP 2816 Park Avenue ♦ Merced, Callfornia 95348 + Tel (209) 723-2066 + Fax (559) 733-7821 www.qkinc.com