MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF CONTRA COSTA OFFICE OF THE SHERIFF AND THE CITY OF PLEASAI\T HILL / PLEASAI\T HILL POLICE DEPARTMENT FOR THE DISTRIBUTION OF:
FY 2024 HOMELAND SECURITY GRANT PROGRAM (HSGP 2024)
THIS MEMORANDUM OF UNDERSTANDING (.'MOU") is made this April 1,2025, in the City of Martinez, County of Contra Costa, State of California, by and between the Contra Costa Office of the Sheriff ("CCCSO") and the CITY OF PLEASANT HILL / PLEASANT HILL POLICE DEPARTMENT (PHPD), in its capacity as a sub-recipient of FY 2024 Homeland Security Grant Program ("HSGP 2024").
HSGP 2024Project 006 Pleasant Hill PD CERT (National Priority). Total S53,070.00.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this MOU and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures for those purposes identified and budgeted in Appendii A, attached hereto and incorporated by reference as though fully set forth herein.
(c) "Event of Default" shall have the meaning set forth in Section 7.1. (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July l, October l, January l, and April l, respectively.
1 (e) "Grant Funds" shall mean any and all funds allocated or disbursed to the City of Pleasant Hill/ Pleasant Hill Police Department, Federal Tax ID Number 94-1527260 and UEI PGSNFQDEFYP6. This MOU shall specifically cover funds allocated or disbursed from Cal OES Subaward No. 2024-0088 Cal OES ID No. 013-00000, CFDA No. 97.067, per Cal OES award notice dated March20,2025.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in Appendix A. If PLEASANT HILL PD requests any modification to the Grant Plan, PLEASANT HILL PD shall submit a written request to CCCSO Captain of Office of Emergency Services with the following information: Scope of change requested, reason for change, proposed plan for change, a summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g) "Reimbursement Request" shall have the meaning set forth in Section 3. l0(a).
1.2 Additional Terms.
The terms "as directed," "as required" or "as permitted" and similar terms shall refer to the direction, requirement, or permission of CCCSO and PLEASANT HILL PD. The terms "sufficient," "necessary" or "proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of CCCSO and PLEASANT HILL PD. The terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or satisfactory to, CCCSO and PLEASANT HILL PD. The terms "include," "included" or "including" and similar terms shall be deemed to be followed by the words "without limitation." The use of the term "subcontractor," "subgrantee," "successor" or "assign" herein refers only to a subcontractor, subgrantee, successor or assign expressly permitted under Article 8.
1.3 References to this MOU.
References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this MOU, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to this MOU as a whole.
1.4 Reference to laws.
Any reference in this MOU to a federal or state statute, regulation, executive order, requirement, poii.y, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, e*ecutiui ordei, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time. 2 ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON PLEASANT HILL PD OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds.
This Agreement is subject to all federal, state, CCCSO grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application. The CCCSO shall have no obligation to allocate or direct disbursement of funds for this MOU in lieu of allocations for new or other agreements.
PLEASANT HILL PD acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and final Approval Authority of CCCSO. Further, PLBASANT HILL PD acknowledges and agrees that the CCCSO shall have no obligation to disburse grant funds to PLEASANT HILL PD until CCCSO and PLEASANT HILL PD have fully and finally executed this MOU. PLEASANT HILL PD acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this MOU is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this MOU.
2.2 Certification of CCCSO Sheriff-Coroner, Undersheriff or Chief of Management Services;
Guaranteed Maximum Costs.
No funds shall be available under this MOU without prior written authorization certified by CCCSO.
(a) PLEASANT HILL PD obligations hereunder shall not at any time exceed the amount approved in the grant award for the purpose and period stated in such certification. (b) Except as may be provided by CCCSO ordinances governing emergency conditions and its employeis and officers, are not authorized to request PLEASANT HILL PD to perform services or io provide materials, equipment and supplies that would result in PLEASANT HILL PD performing services or providing materials, equipment and supplies that are beyond the scope of ihe services, materials, equipment and supplies specified in this MOU, unless this MOU is amended in writing and approved as required by law to authorize the additional services, materials, equipment or supplies. CCCSO is not required to pay PLEASANT HILL PD for services, materials, equipment or supplies that are provided by PLEASANT HILL PD that are beyond the scope of the services, materials, equipment and supplies agreed upon herein and which were not appioved by a written amendment to this MOU having been lawfully executed by CCCSO. (c) CCCSO and its employees and officers, are not authorized to offer or promise to PLEASANT HILL PD additional funding for this MOU that would exceed the maximum amount of funding provided for herein. Additional funding for this Agreement in excess of the maximum provided irerein shall require lawful approval and final certification by the CCCSO. CCCSO is not required to honor any oifered or promised additional funding that exceeds the maximum provided in this MOU that rlquires lawful approval and certification of the CCCSO Sheriff-Coroner, Undersheriff J
or Chief of Management Services when the lawful approval and certification by the Commander has not been obtained.
(d) The CCCSO Sheriff-Coroner, Undersheriff or Chief of Management Services is not authorized to make payments on any agreement for which funds have not been certified as available in the budget or by supplemental appropriation.
ARTICLE 3
PBRFORMANCE OF THE MOU
3.1 Duration of Term.
The term of this MOU shall commence on September 1,2024 and shall end on March 31,2027
3.2 Maximum Amount of Funds.
ln no event shall the amount of Grant Funds disbursed hereunder exceed for Project 004 PLEASANT HILL PD CERT, Fifty-Three Thousand and Seventy Dollars $53,070.00 (National Priority). Approved budset amount-for a National Priori\) project must soend the exact amount awarded. CCCSO will not automatically transfer Grant Funds to PLEASANT HILL PD upon execution of this MOU. PLEASAI\T HILL PD must submit all required supporting documents pttol to procurement to CCCSO first for preliminary review. A Reimbursement Request and all required supporting documents under Section 3.10 of this MOU, before CCCSO willdisburse Grant Funds to PLEASANT HILL PD.
3.3 Use of Funds.
(a) General Requirements. PLEASANT HILL PD shall use the Grant Funds received under this MOU for the purposes and in the amounts set forth in the Grant Plan. PLEASANT HILL PD shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. pLEASANT HILL PD shall not permit any federal employee to receive Grant Funds. (b) Modification of Grant Plan. Under Sections l.l(f) and 10.2 of this MOU, PLEASANT HILL PD may submit a written request to modify the Grant Plan. PLEASANT HILL PD shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a ."qu..t for modification until (l) the CCCSO designee has provided written approval for the request and (2) the parties have finally executed a modification of this MOU under Section 10.2, to ieflect the modified Grant Plan. In addition, if the modification request requires approval from Cal OES, as determined by CCCSO, PLEASANT HILL PD shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without final approval from Cal OES.
(c) No Supplanting. PLEASANT HILL PD shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. 4 (d) Obligations. PLEASANT HILL PD must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement.
3.4 Grant Assurancesl Other Requirements; Cooperation with Monitoring. (a) PLEASANT HILL PD shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. (b) In addition to complying with allGrantAssurances, PLEASANT HILL PD shall comply with all applicable statutes, regulations, executive orders, requirements, policies and procedures, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; ih. t..rnr and conditions of the grant award; the approved application, and any conditions imposed by Cal OES and CCCSO. PLEASANT HILL PD shall require and ensure that all subgrantees, contractors and other entities receiving Grant Funds through or from PLEASANT HILL PD comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES and CCCSO.
(c) pLEASANT HILL PD shall promptly comply with all standards, specifications and formats of CCCSO, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this MOU. PLEASANT HILL PD shall cooperate in good faith with CCCSO in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS and Cal OES. For ensuring compliance with non-supplanting requirements, upon requeri Uy CCCSO, PLEASANT HILL PD shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. pLEASANT HILL PD shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal, State of California and CCCSO requirements. This provision requires, at a minimum, that PLEASANT HILL PD comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this MOU and the Grant Plan:
(a) Administrative Requirements:
l. Z CFR Part 200, ()niform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
i..Z Cpn part)00, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirementsfor Fedeial Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
5 2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts w ith Commercial Organizations.
(c) Audit Requirements:
l. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements .for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-l10, A-122, and A-133).
A copy of PLEASANT HILL PD Annual Single Audit Report including findings and corrective action plan must be submiffed to CCCSO.
3.6 Procurement Requirements
(a) General Requirements. PLEASANT HILL PD shall follow the most restrictive procurement requirements between CCCSO, federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions.
(b) Specific Purchases. If PLEASANT HILL PD is using Grant Funds to purchase interoperable communication equipment, PLEASANT HILL PD shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication. If PLEASAI\T HILL PD is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, PLEASANT HILL PD shall submit to the CCCSO for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
Bond requirement. PLEASAI\T HILL PD shall obtain a performance bond for any equipment items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds. A copy of the notarized performance bond certificate must be submiued to CCCSO.
PLEASANT HILL PD shall submit all supporting documents (i.e., bid announcement, bids/proposals, proposal evaluation, cost/price analysis, System Award Management dated print out, City Council approval, etc.) to CCCSO for review and approval prior to procurement. Once approved, PLEASAIIT HILL PD shall process the procurement.
3.7 Subgrantee and Contractor Requirements
(a) PLEASANT HILL PD shall ensure and independently verify that any subgrantee, contractor or other entity receiving Grant Funds through or from PLEASANT HILL PD is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000.
PLEASANT HILL PD shall obtain documentation of eligibility before processing procurement to any subgrantee, contractor or other entity. PLEASANT HILL PD shall maintain documentary proof of this verification in its files and submit a dated print out to CCCSO. PLEASANT HILL PD shall establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties. PLEASANT HILL PD shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its grantees and subgrantees, including contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.
6 (b) PLEASANT HILL PD shall ensure that any subgrantee, contractor or other entity receiving Grant Funds through or from PLEASANT HILL PD complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) PLEASANT HILL PD shall ensure that any subgrantee, contractor or other entity receiving Grant Funds through or from PLEASANT HILL PD complies with the requirements of 2 CFR Part 3001 , Requirements for Drug-Free Workplace (Financial Assistance).
3.8 Monitoring Grant Performance
(a) CCCSO is authorized to perform periodic monitoring reviews of PLEASAI\T HILL PD'S performance under this MOU, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met.
Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities.
These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:
L Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by CCCSO and specified in the Grant Plan;
3. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies. (b) CCCSO is responsible for monitoring and auditing the grant activities of any subgrantee, contractor or other entity receiving Grant Funds through or from CCCSO. This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by PLEASANT HILL PD, the CCCSO shall place a hold on all Reimbursement Requests from PLEASANT HILL PD untilthe findings are resolved. (d) If after any monitoring review, Cal OES makes findings due to disallowable cost and require funds to be returned, PLEASANT HILL PD shall return the funds to CCCSO.
3.9 Disbursement Procedures.
CCCSO shall disburse Grants Funds to PLEASANT HILL PD as follows:
(a) pLEASANT HILL PD shall submit to CCCSO Lieutenant of Office of Emergency Services for review and approval, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein. The CCCSO shall serve as the primary contact for PLEASANT HILL PD regarding any Reimbursement Request. (b) The Lieutenant at CCCSO Office of Emergency Services will review all Reimbursement iequests for compliance with this MOU and all applicable guidelines. A Reimbursement Checklist 7 will be used to verify supporting documents and packet will be forwarded to the Captain at Office of Emergency Services for approval. Documents will then be forwarded to CCCSO SheriffCoroner, Undersheriff or Chief of Management Services for final approval. The CCCSO will return to PLEASANT HILL PD any Reimbursement Request that is submitted and not approved, with a brief statement of the reason for the rejection of the Reimbursement Request. (c) If a rejection relates only to a ponion of the expenditures itemized in any Reimbursement Request, CCCSO shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until PLEASANT HILL PD submits a Reimbursement Request that is in all respects acceptable to CCCSO. (d) If PLEASANT HILL PD is not in compliance with any provision of this MOU, CCCSO may withhold disbursement of Grant Funds until PLEASANT HILL PD has taken corrective action and currently complies with all terms and conditions of the MOU.
3.10 Disallowance.
PLEASANT HILL PD agrees that if it claims or receives reimbursement from CCCSO for an expenditure that is later disallowed by the State of California or the federal government, PLEASANT HILL PD shall promptly refund the disallowed amount to CCCSO upon receipt of the written request. At its option, CCCSO may offset all or any portion of the disallowed amount against any other payment due to PLEASANT HILL PD hereunder or under any other Agreement with PLEASANT HILL PD. Any such offset with respect to a portion of the disallowed amount shall not release PLEASANT HILL PD from PLEASANT HILL PD'S obligation hereunder to refund the remainder of the disallowed amount.
3.11 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic Preservation i',bHp"; program. PLEASANT HILL PD shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include:
communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. PLEASANT HILL PD shall notify the CCCSO of any project that may require an EHP review. PLEASANT HILL PD agrees to provide detailed project information to FEMA and Cal OES, to cooperate fully in the review, und to prepare any documents requested for the review. PLEASANT HILL PD shall comply with all conditions placed on the project as the result of the EHP review and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approva-l of CalOES, PLEASANT HILL PD may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of workwill require re-evaluation for compliance with EHP requirements. If ground iisiurbing activities occur during project implementation, PLEASANT HILL PD shall notify the CCCSO and CaIOES and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, are discovered, PLEASANT HILL PD shall immediately cease construction in that area and notify CCCSO and CalOES, which will notify the appropriate State Historic preservation Office. If PLEASANT HILL PD is using Grant Funds for a communication tower project, PLEASANT HILL PD shall complete its Federal Communication Commission (,.FCC;,) EHp p.o."ts before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
8 (b) Any construction or other project that PLEASANT HILL PD initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of PLEASANT HILL PD to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the denial of Reimbursement Requests shall immediately cease construction in that area and notify the CCCSO and CalOES, which will notify the appropriate State Historic Preservation Office. If PLEASANT HILL PD is using Grant Funds for a communication tower project, PLEASANT HILL PD shallcomplete its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(c) Any construction or other project that PLEASANT HILL PD initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of PLEASANT HILL PD to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports.
PLEASANT HILL PD shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by CCCSO.
4.2 Notification of Defaults or Changes in Circumstances. pLEASANT HILL PD shall notify the CCCSO immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause PLEASANT HILL PD to be out of compliance with the Grant Assurances in Appendix B.
4.3 Books and Records.
PLEASANT HILL PD shall establish and maintain accurate files and records of allaspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, PLEASANT HILL PD shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this MOU, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this MOU, whether funded in whole or in part with Grant Funds. PLEASANT HILL PD shallmaintain allof the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location ani condition for a period of not less than three (3) years after expiration of this MOU or until any final audit by Cal OES has been fully completed, whichever is later. 9 4.4 Inspection and Audit.
PLEASANT HILL PD shall make available to CCCSO employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by PLEASANT HILL PD under Section 4.3 and allow access and the right to examine those items. PLEASANT HILL PD shall permit CCCSO employees and authorized representatives, to inspect, audit, examine and make ixcerpts and transcripts from any of the foregoing. The rights of CCCSO pursuant to this Section shall remain in effect so long as PLEASANT HILL PD has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as CCCSO. PLEASANT HILL PD shall cooperate with any federal or state audit.
4.5 Audit Report.
If the amount specified in Section 3.2 of this agreement is $750,000 or more, PLEASANT HILL PD shall submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200 'subpart
F - (lniform Administrative Requirements, Cost Principles, and Audit Requirements for Feieral AwaTds.PLEASANT HILL PD shall submit its audit report to the CCCSO no later than six months after the finalization of the Single Audit report.
ARTICLE 5
REPRESENTATIONS AI\D WARRANTIES
pLEASANT HILL PD represents and warrants each of the following as of the date of this MOU and at all times throughout the term of this MOU:
5.1 No Misstatements.
No document furnished or to be furnished by PLEASANT HILL PD to the CCCSO in connection with this MOU, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds.
By exefuting this MOU, PLEASANT HrLL PD cerrifies rhat it is eligible to receive federal funds, and specifically certifies as follows:
(a) pLEASANT HILL PD is not suspended, debarred or otherwise excluded from participation in'federal assistance programs, as required by Executive order 12549 and 12689, "Debarment and Suspension" and implemented at 2 CFR Part 3000.
0) pIpASANT HiLL PD complies with 3l U.S.C. $1352, Limitation on use of appropriated funds to in/luence federal contracting and financial transactio,n"e, as implemente d at 44 CFR Part l8 and 6 CFR Part 9.
10 (c) PLEASANT HILL PD complies with the Drug-Free Workplace Act of 1988, as amended,4l U.S.C. $701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. (d) PLEASANT HILL PD is not delinquent in the repayment of any federal debt. See OMB Circular A-129.
PLEASANT HILL PD acknowledges that these certifications of eligibility to receive federal funds are material terms of the MOU.
5.3 NIMS Compliance.
To be eligible to receive Grant Funds, PLEASANT HILL PD must meet National Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via the National Incident Management System Capability Assessment Support Tool ("NIMSCAST").
By executing this Agreement, PLEASANT HILL PD certifies that it is in fullNIMS compliance, and that it has reported that compliance via the NIMSCAST. PLEASANT HILL PD shall provide documentation of its NIMS compliance to the CCCSO. PLEASANT HILL PD acknowledges that this certification is a material term of the MOU.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification
PLEASANT HILL PD shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by PLEASANT HILL PD's performance of this MOU, including, but not limited to, the following: (a) a material breach of this MOU PLEASANT HILL PD; (b) a material breach of any represeniation or warranty of PLEASANT HILL PD contained in this MOU; (c) any personal injury or death caused, directly or indirectly ,by any act or omission of PLEASANT HILL PD or iti employees, subgrantees or agents; (d) any loss of or damage to property caused, directly or indireCtly, by any act or omission of PLEASANT HILL PD or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment or facility used by PLEASANT HILL PD, oi by any of its employees, subgrantees or agents, regardless of whether such equipment or facility is fumished, rented or loaned to PLEASANT HILL PD by an Indemnified Party; (0 any tax, fee, assessment or other charge for which PLEASANT HILL PD is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or tradimari< of any person or entity in consequence of the use by any Indemnified Pany of any goods or services furnished by PLEASANT HILL PD or its employees, subgrantees or agents to such Indemnified Party in connection with this MOU. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and CCCSO's costs of investigating any claims against CCCSO.
6.2 Duty to Defend; Notice of Loss.
pLEASANT HILL PD acknowledges and agrees that its obligation to defend the Indemnified parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section ll
6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to PLEASANT HILL PD by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give PLEASANT HILL PD prompt notice of any Loss under Section 6.1 and PLEASANT HILL PD shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Pany shall have the right to retain its own counsel at the expense of PLEASANT HILL PD if representation of such Indemnified Party by the counsel retained by PLEASANT HILL PD would be inappropriate due to conflicts of interest between such Indemnified Party and PLEASANT HILL PD. An Indemnified Party's failure to notify PLEASANT HILL PD promptly of any Loss shall not relieve PLEASANT HILL PD of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs PLEASANT HILL PD's ability to defend such Loss. PLEASANT HILL PD shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if PLEASANT HILL PD contends that such Indemnified Party shares in liability with respect thereto.
6.3 Incidental and Consequential Damages.
Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from PLEASANT HILL PD's acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF CCCSO. CCCSO'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR
COMMI.INICATION RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE
LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR
TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES,
INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, THE GRANT FLINDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED TN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default.
The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
False Statement. Any statement, representation, certification or warranty contained in this MOU, in any Reimbursement Request, or in any other document submitted to the CCCSO under this MOU is found by the CCCSO to be false or misleading.
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(b) Failure to Perform Other Covenants. PLBASANT HILL PD fails to perform or breaches any provision or covenant of this MOU to be performed or observed by PLEASANT HILL PD as and when performance or observance is due and such failure or breach continues for a period of ten ( l0) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. PLEASANT HILL PD fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. PLEASANT HILL PD (i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment forthe benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of PLEASANT HILL PD or of any substantial part of PLEASANT HILL PD's property or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by PLEASANT HILL PD, a court or govemment authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian receiver, trustee or other officer with similar powers with respect to PLEASANT HILL PD or with respect to any substantial part of PLEASANT HILL PD's property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage ofany bankruptcy, insolvency or other debtors'relieflaw ofany jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of PLEASANT HILL PD.
7.2 Remedies upon Event of Default.
Upon and during the continuance of an Event of Default, CCCSO may do any of the following, individually or in combination with any other remedy:
(a) Termination.
CCCSO may terminate this MOU by giving a written termination notice to PLEASANT HILL PD and, on the date specified in such notice, this Agreement shall terminate and all rights of PLEASANT HILL PD hereunder shall be extinguished. In the event of such termination, CCCSO will pay PLEASANT HILL PD for Authorized Expenditures in any Reimbursement Request that was submitted and approved CCCSO prior to the date of termination specified in such notice' (b) Withholding of Grant Funds. CCCSO may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether PLEASANT HILL PD has previously submitted a Reimbursement Request or whether the CCCSO has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to PLEASANT HILL PD cure of applicable Events of Default shall be disbursed without interest.
(c) Return of Grant Funds. CCCSO may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by PLEASANT HILL PD in breach of the terms of this MOU, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.
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7.3 Termination for Convenience.
(a) CCCSO shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. CCCSO shall exercise this option by giving PLEASAI\T HILL PD written notice of termination. The notice shall specify the date on which termination shall become effective.
(b) Upon receipt of the notice, PLEASAI\T HILL PD shall commence and perform, with diligence, all actions necessary on the part of PLEASANT HILL PD to effect the termination of this MOU on the date specified by CCCSO and to minimize the liability of PLEASANT HILL PD to third parties as a result of termination. All such actions shall be subject to the prior approval of the CCCSO.
(c) Within 30 days after the specified termination date, PLEASANT HILL PD shall submit to the CCCSO an invoice for all Authorized Expenses incurred through the termination date. For Authorized Expenses incurred after receipt of the notice of termination, CCCSO will only reimburse PLEASANT HILL PD if the Authorized Expenses received prior approval from the CCCSO as specified in subparagraph (b).
(d) In no event shall CCCSO be tiable for costs incurred by PLEASANT HILL PD or any of its contractors or subgrantees after the termination date specified by CCCSO. (e) CCCSO's payment obligation under this Section shall survive termination of this MOU.
7.4 Remedies Nonexclusive.
Each of the remedies provided for inthis MOU may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations' The remedies contained herein are in addition to all other remedies available to CCCSO at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by PLEASANT HILL PD.
pLEASANT HILL PD shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of pLEASANT HILL PD hereunder without the prior written consent of the CCCSO; provided, however, that any contractor or subgrantee specifically referenced in Appendix A shall not require the consent of CCCSO. This MOU shall not, nor shall any interest herein, be assignable as to the interest of PLEASANT HILL PD involuntarily or by operation of law without the prior written consent of CCCSO. A change of ownership or control of PLEASANT HILL PD or a sale or transfer of substantially allof the assets of PLEASANT HILL PD shallbe deemed an assignment for purposes of this MOU.
14 8.2 Agreement Made in Violation of this Article.
Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.
8.3 PLEASANT HILL PD Retains Responsibility.
PLEASANT HILL PD shall in all events remain liable for the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in this MOU.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements.
Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via e-mail:
If to Contra Costa County Office of the Sheriff Office of Emergency Services:
1850 Muir Road
Martinez, CA 94553-4719
Attention: Lieutenant Debra Williams
Email : DWill I @so.cccounty.us
If to Contra Costa County Office of the Sheriff Grants Division:
1850 Muir Road
Martinez, CA 94553-47 19
Attention: Lyn Oco, Director of Contracts and Grants
Email : LOco@,so.cccounty.us
*,ffi:lff3,,
10.1 No Waiver.
No waiver by CCCSO of any default or breach of this MOU shall be implied from any failure by the CCCSO to take action on account of such default if such default persists or is repeated. No l5
9.2 Effective Date.
All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via email, the date to whom the notice was sent.
express waiver by CCCSO shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by CCCSO of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by CCCSO of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification.
This MOU may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this MOU; provided, however, that the designee may establish alternate procedures for modification of the Appendix A and the Grant Plan.
10.3 Governing Law; Venue.
The formation, interpretation and performance of this MOU shall be governed by the laws of the State of Califomia, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this MOU shall be in Martinez, California.
10.5 Headings.
All article and section headings and captions contained in this MOU are for reference only and shall not be considered in construing this MOU.
10.6 Entire Agreement.
This MOU sets forth the entire MOU between the parties and supersedes all other oral or written provisions. The following Appendices are attached to and apart of this MOU:
U Appendix A, Authorized Expenditures and Timelines
U Appendix B, Grant Assurances
10.7 Certified Resolution of Signatory Authority.
Upon request of CCCSO, PLEASANT HILL PD shall deliver to CCCSO a copy of the City Council resolution(s) authorizing the execution, delivery and performance of this MOU, certified as true, accurate and complete by the appropriate authorized representative/official of PLEASANT HILL PD.
10.8 Severability.
Should the application of any provision of this MOU to any particular facts or circumstances be found Uy a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other piovisions of this MOU shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall t6
10.4 PLEASANT HILL PD to Pay All Taxes.
PLEASANT HILL PD shall pay to the appropriate governmentalauthority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this MOU, the Grant Plan, the Grant Funds or any of the activities contemplated by this MOU. A copy of taxes paid and sales tax report to the California Department of Tax and Fee Administration (CDTFA) must be submitted to CCCSO.
be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
10.9 Successors; No Third-Party Beneficiaries.
Subject to the terms of Article 8, the terms of this MOU shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this MOU, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this MOU or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms.
The obligations of PLEASAI\T HILL PD and the terms of the following provisions of this MOU shall survive and continue following expiration or termination of this MOU: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances.
From and after the date of this MOU, PLEASANT HILL PD agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this MOU and to carry out the purpose of this MOU in accordance with this MOU.
10.12 Disclosure of Subawards and Executive Compensation.
Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110- 252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, PLEASANT HILL PD must provide the following information on PLEASANT HILL PD letterhead within 30 days of receipt of this MOU.
l. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of FederalDomestic Assistance program number; e) Award title (descriptive of the purpose of the funding action); f) Location of the entity and primary location of performance including city, state, and Congressional district;
g) Unique Entity ID of the entity, and its parent if applicable;and, h) Total compensation and names of top five executives (same thresholds as for prime recipients).
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2.The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.
10.13 Cooperation with CCCSO and Activities.
(a) Subject to reasonable terms and conditions, PLEASANT HILL PD agrees to participate in CCCSO sponsored exercises, and to make available equipment acquired with Crant Funds for use as part ofsuch exercises.
(b) To the extent permitted by law, PLEASANT HILL PD agrees to share with the CCSO informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
(c) PLEASANT HILL PD agrees to provide input towards the development of the regional Threat andHazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) as requested by CCCSO.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage.
Without limiting PLEASANT HILL PD's liability pursuant to Article 6 of this MOU, PLEASANT HILL PD shall maintain in force, during the full term of the MOU, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage.
Commercial General Liability and CommercialAutomobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the Contra Costa County Office of the Sheriff, its Officers, Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought. 18 I 1.3 Additional Requirements Regarding Workers' Compensation.
Regarding Workers' Compensation, PLEASANT HILL PD hereby agrees to waive subrogation which any insurer of PLEASANT HILL PD may acquire from PLEASANT HILL PD by virtue of the payment of any loss. PLEASANT HILL PD agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the PLEASANT HILL PD, its employees, agents and subcontractors.
11.4 Additional Requirements for AII Policies.
All policies shall provide thirty days' advance written notice to the CCCSO of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the CCCSO address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage.
Should any of the required insurance be provided under a claims-made form, PLEASAIIT HILL PD shall maintain such coverage continuously throughout the term of this MOU and, without lapse, for a period of three years beyond the expiration of this MOU, to the effect that, should occurrences during the MOU term give rise to claims made after expiration of the MOU, such claims shall be covered by such claims-made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any ofthe required insurance be provided under a form ofcoverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
11.7 Lapse in Insurance.
Should any required insurance lapse during the term of this MOU, requests for reimbursement originating after such lapse may not be processed, in the CCCSO's sole discretion, until CCCSO receives satisfactory evidence of reinstated coverage as required by this MOU, effective as of the lapse date. If insurance is not reinstated, the CCCSO may, at its sole option, terminate this MOU effective on the date of such lapse of insurance.
11.8 Evidence of Insurance.
Before commencing any operations or expending any Grant Funds under this MOU, PLEASANT HILL PD shall furnish to CCCSO certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this MOU.
11.9 Effect of Approval.
Approval of the insurance by CCCSO shall not relieve or decrease the liability of PLEASANT HILL PD hereunder.
19 11.10 Insurance for Subcontractors and Evidence ofthis Insurance.
If a subcontractor or subgrantee will be used to complete any portion of this MOU, PLEASANT HILL PD shall ensure that the subcontractor or subgrantee shall provide all necessary insurance and shall name CCCSO, its officers, agents and employees and the PLEASANT HILL PD as additional insureds.
11.11 Authority to Self-Insure.
Nothing in this MOU shall preclude PLEASANT HILL PD from self-insuring all or part of the insurance requirement in this Article. However, PLEASANT HILL PD shall provide proof of self-insurance, in a form acceptable to CCCSO, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination.
In the performance of this MOU, PLEASANT HILL PD agrees not to discriminate against any employee, CCCSO employee working with PLEASANT HILL PD or any subgrantee of PLEASANT HILL PD, applicant for employment with PLEASANT HILL PD or subgrantee of PLEASANT HILL PD, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest.
Through its execution of this MOU, PLEASANT HILL PD acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the Stati of Califomia and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify CCCSO if it becomes aware of any such fact during the term of this MOU. PLEASANT HILL PD agrees that it will promptly notify CCCSO in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.
12.3 Compliance with ADA.
PLEASANT HILL PD acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. PLEASANT HILL PD shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.
12.4 Prohibition on Political Activity with CCCSO Funds.
PLEASANT HILL PD may not participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure (collectively, "Political Activity") in the performance of the services provided under this MOU.
20 IN WITNESS WHEREOF, the parties hereto have caused this MoU to be duly executed as of the date first specified herein.
COLTNTY OF CONTRA COSTA:
By
Jad
of Management Services
CITY OF PLEASANT HILL
By
Name:
City Manager
21 Appendix A
-
Authorized Expenditures and Timelines
Entity:
CITY OF PLEASANT HILU PLEASANT HILL POLICE DEPARTMENT
lJ Number and Title:
tJ-04
Program Description:
Project 006
PLEASANT HILL PD CERT
Project Completion Date: March 31,2027
Project Not to Exceed $53,070.00
EQUIPMENT
Reimbursement for Equipment Requires :
! An approved EHP memo, if applicable.
tl A performance bond is required for any equipment item that exceeds $250,000, or for any vehicle, aircraft, or watercraft, regardless ofthe cost. Failure to obtain and submit a performance bond to CCCSO may result in disallowance of cost. t-l As allowable under Federal guidelines, procurement of equipment must follow local policies and procedures for competitive purchasing whichever is stricter (provided they are not in conflict with Federal regulations which supersede them).
If sole source approval is needed, PLEASANT HILL PD must transmit the request to the CCCSO to be submitted to CalOES.
! Prior to reimbursement, PLEASANT HILL PD must submit all invoices, AEL numbers, and a list of all equipment ID numbers and the deployed locations. ! PLEASANT HILL PD must inventory, type, organize and track all equipment purchased in order to facilitate the dispatch, deployment, and recovery ofresources before, during, and after an incident.
U PLEASANT HILL PD must sign and submit CCCSO Grant Property Transfer Agreement
All requests for reimbursements must be submitted at least 30 days before project completion date unless an earlier deadline is set in this Appendix.
PLEASANT HILL PD should submit reimbursement requests on a quarterly basis, as applicable.
22 Authorized expenditures must fall into one of the following categories: Planning, Organization, Equipment, Training, or Exercises. Descriptions of authorized expenditures are in the following documents:
I FY 2024 Homeland Security Grant Program Notice of Funding Opportunity:
https ://www.fema. eov/grants/oreparedness/home land-security a FY 2024 Califurnia Supplement to the Federal Funding Opportunity Announcement https://www.caloes.ca.sov/wp-content/uploads/Grants/Documents/FY2024-HSGP-State-Supplementupdated- 12.l8.24.odf ll Authorized Equipment List: hup://www.fema.gov/authorized-equipment-list I Cal OES Rules and Regulations, including the Recipient Handbook: :
https ://www.caloes. ca. gov/wpcontent/up load s/G rants/Doc uments/2024-Subrec i pi ent-Handbook.pdf I Any equipment purchased under this Agreement must motch the HSGP 2024 Grant Application Workbook. Any modi/ication to the inventory list in thot Workbook must receive prior written approval from by the CCCSO and CalOES.
I No Management and Administrution expenses are allowed, unless expressly identi/ied ond authorized in this Appendix.
I Sustainability requirements moy apply to some or all of the grantfunded projects or programs outhorized in this Appendk See Agreement,l3.l2.
I All EHP documentation must be submitted and approved fuLto ony expenditure offunds req uiring EHP submission.
23 Appendix B-- Grant Assurances
Name of Jurisdiction:
CITY OF PLEASANT HILL / PLEASANT HILL POLICE DEPARTMENT Name of Authorized Agent: Name City Manager
Address
City
Telephone Number:
E-Mail Address:
As the duly authorized representative of City of Pleasant Hill / Pleasant Hill Police Department, I hereby certify that City of Pleasant Hill / Pleasant Hill Police Department 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 City of Pleasant Hill / Pleasant Hill Police Department 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.
(f) Contra Costa County Office of the Sheriff Grants Policies and Procedures Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2,Parl200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http ://www.whitehouse. gov/omb/.
In the event CCCSO determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, City of Pleasant Hitl will be notified of the changes in writing. Once notification has been made, any subsequent requests for funds will indicate City of Pleasant Hill acceptance of the changes to City of Pleasant Hill.
24 State and federal grant award requirements are set forth below City of Pleasant Hill / Pleasant Hill Police Department hereby agrees to comply with the following:
1. Proof of Authority
PLEASANT HILL PD 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 PLEASANT HILL PD 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 MOU shall be the responsibility of PLEASANT HILL PD and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, goveming board, or authorized body;
(d) PLEASANT HILL PD 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 PLEASANT HILL PD.
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. PLEASANT HILL PD 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, PLEASANT HILL PD 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.
25 (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.
PLEASANT HILL PD will also comply with provisions of the Hatch Act (5 U.S.C. $$ 1501- 1508 and $5 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, PLEASAI\T HILL PD 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.
Are not presently indicted for or otherwise uiminally 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 PLEASAIIT HILL PD 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
PLEASANT HILL PD will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Titte 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 bf federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; 26 4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. $ 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, PLEASANT HILL PD will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. PLEASANT HILL PD 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;
(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. $$ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. $$ 6101-6107), which prohibits discrimination on the basis ofage;
(f) Public Health Service Act of 1912 (42 U.S.C. $$ 290 dd-z} relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title vIII of the civil Rights Act of 1968 (42 u.s.c. $ 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevatorsF be designed and constructed with certain accessible features (See 24 C.F.R. $ 100.201); (h) Executive Order 11246,which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; fi) Califomia Public Contract Code $ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part19;
(l) PLEASAI\T HILL PD will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code $$12940, 72945,12945.2), 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, andlor 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 nondisuimination statute(s) that may apply to this application. 27 6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. $ 701 et seq.), PLEASANT HILL PD certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
PLEASANT HILL PD 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- l 5387);
(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;
(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 environmentalprotection for allcommunities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order I1988; (g) Executive Order 11514 which sets forth nationalenvironmental 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 I 1990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L.93-523);
O 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 zoneManagement Act of 1972 (16 U.S.C. $$1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. S$7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. 5 l27l et seq.) related to protecting components or potential components of the national wild and scenic rivers system' pLEASANT HILL PD shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to $ I 3301 of the California Water Code for violation of waste discharge requirements or discharge p.ot,ibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 28 8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, PLEASANT HILL PD will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. $ 200.336, PLEASANT HILL PD will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. PLEASANT HILL PD will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
PLEASANT HILL PD willestablish safeguards to prohibit PLEASANT HILL PD's employees from using their positions for a purpose that constitutes or presents the appearance ofpersonal or organizational confl ict of interest, or personal gain' I 1. Financial Management
False Claims for Payment - PLEASANT HILL PD willcomply with 3l U.S.C $$ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - AccountabilitY
pLEASANT HILL PD agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 1 09-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
PLEASANT HILL PD also must comply with statutory requirements for whistleblower protections at l0 U.S.C. $ 2409,41 U.S.C. 5 4712, and l0 U.S.C. 52324,41 U.S.C. $ 4304 and $ 4310.
14. Human Trafficking
pLEASANT HILL PD will comply with the requirements of Section 106(9) of the Trafficking Victims Protection Act of 2000, as amended (22U.5.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.
29 15. Labor Standards
PLEASANT HILL PD will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. $$ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. g 3145 and l8 U.S.C. $ 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. $$ 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 (lHE), hospitals and other non-profit organizations.
16. Worker's Compensation
PLEASANT HILL PD 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 federalaward, PLEASANT HILL PD will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 9l-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federallyassisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the (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 Pan 35) which prohibitsthe use of lead-based paint in construction orrehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, PLEASANT HILL PD 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 oi in part with federal assistance funds to assure nondiscrimination during the useful life ofthe 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 30 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
PLEASANT HILL PD is 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 9l l, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act PLEASANT HILL PD 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.
PLEASANT HILL PD 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 collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. itecipienis may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively'
24. Copyright
ett recipients must affix the applicable copyright notices of l7 U.S.C. $$ 401 or 402 and an acknowiedgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 3l
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.
2T.Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
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. $ 4l 102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. $ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, PLEASANT HILL PD must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, l5 U.S.C. $ 2225a.
30. Non-supplanting Requirement
All recipienis who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
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, ind 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 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. Part200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
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 l8 U.S.C. $$ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
All recipients must provide quarterly performance report to CCCSO.
38. Applicability of DHS standard Terms and conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the recipients and flow down to any of its 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, DHS 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.
39. Required use of American Iron, Steel, Manufactured Products, and Construction Materials
The recipients must comply with the "Build America, Buy America" Act (BABAA), encated as part of ihe Infrastructure Investment and Jobs Act and Executive Order 14005' Recipients JJ
receiving a federal award subject to BABAA requirements may not use federal finance assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through application of coatings, occurred in the United States.
(b) All manufactured products used in the project are produced in the United States - this means the manufactured produced was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactures in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated int, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does Buy America preference apply to equipment and furnishings, such as movable chairs, desk, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or perrnanently affixed to the infrastructure project.
Per section 70914(c) or BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
40. Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
City of Pleasant Hill / Pleasant Hill Police Department must comply with the requirements of section l2(c) of Executive Order 14074 City of Pleasant Hill / Pleasant Hill Police Department t is also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing'
IMPO TANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. City of Pleasant Hill / Pleasant Hill Police Department recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on City of Pleasant Hill / Pleasant Hill Police Department, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds' 34 All appropriate documentation, as outlined above, must be maintained on file by City of Pleasant Hill / Pleasant Hill Police Department 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 City of Pleasant Hill / Pleasant Hill Police Department may be ineligible for award of any future grants if Cal OES determines that the City of Pleasant Hill / Pleasant Hill Police Department: ( I ) 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. City of Pleasant Hill / Pleasant Hill Police Department are bound by the DHS Standard Terms and Conditions2024, Version 2,hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs- standard-termsand-conditions.
The undersigned represents that he/she is authorized by CITY OF PLEASANT HILL/PLEASANT HILL POLICE DEPARTMENT to enter into this agreement for and on behalf of the said Applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent
Title: City Manager Date: 41112025
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