DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3. A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds. B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement. C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances. D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. c. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals: 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 Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b. above; and d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act. G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. H. Subrecipient shall comply with the provisions set forth in the I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections. J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000. K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements. L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances. M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances. N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances. O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances. P. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances. Q. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications. R. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations. S. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances. T. Subrecipient must ensure that any 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. U. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
Appears in 1 contract
Samples: Memorandum of Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3729 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
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 Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b. above; and
d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
P. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
Q. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. Subrecipient must ensure that any 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. U. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward Subaward. These include, without limitation, (1) the Requirements for recipients and subrecipients set forth in Section 2.1the DHS NOFO and the DHS Standard Conditions, and (2) the Requirements for “Applicant” and subrecipients set forth in the CalOES Supplement and the CalOES Assurances. For reference, the DHS Standard Conditions and the CalOES Assurances are both attached hereto as Exhibit A and incorporated herein. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutesstatutues, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 37333729, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 200.212 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
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 Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b2.3.G.c. above; and
d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes statues and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. USC §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. USC 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000CFR Parts 100, 000103, xxx 000 and 104 (XXXFHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Certfications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.to
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section and the California Public Records Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of When collecting Personally Identifiable Information (PII) section of ), Subrecipient must have a publicly-available policy that describes what PII it collects, how it plans to use the CalOES AssurancesPII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. .
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES AssurancesConditions.
P. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Q. Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance Contract Provisions for Non-federal Entity Contracts under Federal Awards section of the DHS Standard Conditions and the CalOES AssurancesConditions.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. Subrecipient must ensure that any 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. U. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) the Energy Policy and Conservation Act, (2) the Hotel and Motel Fire Safety Act of 1990, (3) the Terrorist Financing E.O. 13224, and (4) the USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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. 2. 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. 3. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
a. 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b. 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b. above; and
d. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions andprovisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. .
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
P. Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance theappearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. U. Subrecipient must ensure that any 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. U. .
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act. W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this UASI 21 Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of the Term;
2. Subrecipient shall submit sufficient documentation to support expenditures prior to reimbursement or advance of funds. Documentation must include invoices, timesheets, evidence supporting overtime and backfill costs, cancelled checks or other proof of payment, and copies of related contracts (See §2.2.G). CalOES may request additional procurement material. CalOES will not issue reimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;
3. The professional services agreement between Motorola and LA-RICS for the LMR System may not be used to purchase subscriber equipment unless meeting one of four federal exceptions to necessitate noncompetitive procurement;
4. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward Subaward. These include, without limitation, (1) the Requirements for recipients and subrecipients set forth in Section 2.1the DHS NOFO and the DHS Standard Conditions, and (2) the Requirements for “Applicant” and subrecipients set forth in the CalOES Supplement and the CalOES Assurances. For reference, the DHS Standard Conditions and the CalOES Assurances are both attached hereto as Exhibit A and incorporated herein. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutesstatutues, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 200.212 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
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 Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b2.3.G.c. above; and
d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. USC §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. USC 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Certfications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.to
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. .
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
P. Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 10,000,000 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. U. Subrecipient must ensure that any 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. U. .
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224Financing, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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. 2. 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. 3. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
a. 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b. 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b. above; and
d. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. .
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
P. Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. U. Subrecipient must ensure that any 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. U. .
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.)
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward Subaward. These include, without limitation, (1) the Requirements for recipients and subrecipients set forth in Section 2.1the DHS NOFO and the DHS Standard Conditions, and (2) the Requirements for “Applicant” and subrecipients set forth in the CalOES Supplement and the CalOES Assurances. For reference, the DHS Standard Conditions and the CalOES Assurances are both attached hereto as Exhibit A and incorporated herein. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 37333729, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 200.212 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
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 Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b2.3.G.c. above; and
d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes statues and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. USC §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. USC 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.to
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section and the California Public Records Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of When collecting Personally Identifiable Information (PII) section of ), Subrecipient must have a publicly-available policy that describes what PII it collects, how it plans to use the CalOES AssurancesPII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. .
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES AssurancesConditions.
P. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Q. Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance Contract Provisions for Non-federal Entity Contracts under Federal Awards section of the DHS Standard Conditions and the CalOES AssurancesConditions.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. Subrecipient must ensure that any 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. U. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) the Energy Policy and Conservation Act, (2) the Hotel and Motel Fire Safety Act of 1990, (3) the Terrorist Financing E.O. 13224, and (4) the USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall may be required to demonstrate and document provide supporting documentation that certifies a reduction in non-Federal resources that occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- Sections 3729 to 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement reimbursement, or advance. Subrecipient agrees to be subject to the administrative remedies as found in under 38 U.S.C. Section 3801-Sections 3801 to 3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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. 2. 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. 3. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§§ 1501-1508 and §§1508, 7324-7328) which limits limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 Section 200.214 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
a. 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b. 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b2.3.E.2. above; and
d. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, Act of 1990 (ADA) (42 U.S.C. §§ 12101 et seq., ) and its implementing regulations (ADA)regulations, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), ) (Pub.L. No. L. 110-325 325) and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. Section 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, CFR Part 40, and the Fair Housing Act, 42 U.S.C. 3601, Section 3601 et seq.; 24 XXX Xxxxx 000CFR Parts 100, 000103, xxx 000 and 104 (XXXFHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act (Pub.L. No. 109-282) and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 20002000 (as amended by 22 U.S.C. § 7104).
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirementsrequirements set forth in California Labor Code Section 3700 et seq.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable Only to Federally-Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act (5 U.S.C. § 552) and the California Public Records Act (Gov. Code, § 6250 et seq.) to certain information as more fully set forth in the California Public Records Act and Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS section and Use of DHS Seal, Logo Logo, and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals seals, logos, and logos. flags.
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
P. Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall comply with the Conflict of Interest section, which requires Subrecipient to establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. T. Subrecipient shall comply with California Vehicle Code sections Sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. U. Subrecipient must ensure that any 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. U. .
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing (E.O. 13224), (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.,
Appears in 1 contract
Samples: Subaward Agreement
DHS and CalOES Requirements. Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward Subaward. These include, without limitation, (1) the Requirements for recipients and subrecipients set forth in Section 2.1the DHS NOFO and the DHS Standard Conditions, and (2) the Requirements for “Applicant” and subrecipients set forth in the CalOES Supplement and the CalOES Assurances. For reference, the DHS Standard Conditions and the CalOES Assurances are both attached hereto as Exhibit A and incorporated herein. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutesstatutues, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 37333729, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. Subrecipient 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. Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 200.212 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
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 Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b2.3.G.c. above; and
d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes statues and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. USC §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. USC 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 XXX Xxxxx 000, 000, xxx 000 (XXX) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Certfications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.to
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section and the California Public Records Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of When collecting Personally Identifiable Information (PII) section of ), Subrecipient must have a publicly-available policy that describes what PII it collects, how it plans to use the CalOES AssurancesPII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. .
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES AssurancesConditions.
P. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Q. Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance Contract Provisions for Non-federal Entity Contracts under Federal Awards section of the DHS Standard Conditions and the CalOES AssurancesConditions.
Q. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
R. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
S. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
T. Subrecipient must ensure that any 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. U. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) the Energy Policy and Conservation Act, (2) the Hotel and Motel Fire Safety Act of 1990, (3) the Terrorist Financing E.O. 13224, and (4) the USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
Appears in 1 contract
Samples: Subaward Agreement
