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prerequisite for making or entering into this, transaction imposed by section 1352, Title <br />31, U.S. Code. Any person who fails to file the required certification shall be subject to a <br />civil penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />34. Agrees that equipment acquired or obtained with grant funds: <br />a. Will be made available pursuant to applicable terms of the California Disaster and Civil <br />Defense Master Mutual Aid Agreement in consultation with representatives of the <br />various fire, emergency medical, hazardous materials response services, and law <br />enforcement agencies within the jurisdiction of the applicant, and deployed with <br />personnel trained in the use of such equipment in a manner consistent with the California <br />Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual <br />Aid Plan. <br />b. Is consistent with needs as identified in the State Homeland Security Strategy and will be <br />deployed in conformance with that Strategy. <br />35. Agrees that funds awarded under this grant will be used to supplement existing funds for <br />program activities, and will not supplant (replace) non-Federal funds. <br />36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and <br />requirements, including OMB Circulars Al 02 and A-133, E.O. 12372 and the current <br />Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with <br />Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance <br />and use of Federal funds for Federally assisted projects. <br />37. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. <br />38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data <br />collection requests, including, but not limited to, the provision of any information required for <br />the assessment or evaluation of any activities within this agreement. <br />39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative <br />Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and <br />Other Non-Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local <br />and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational <br />Institutions (OMB Circular A-21); Part 230 Cost Principles for Non-Profit Organizations (OMB <br />Circular A-122). <br />40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and <br />Procedures, Contracts with Commercial organizations. <br />41. Will comply with the financial and administrative requirements set forth in the current edition of <br />the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial <br />Management Guide. <br />42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY <br />2009 Homeland Security Grant Program Guidance and Application Kit, and the California <br />Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit. <br />All allocations and use of funds under this grant will be in accordance with the Allocations, and <br />use of grant funding must support the goals and objectives included in the State and/or Urban <br />Page 6 Initials