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a. Promptly return to the State of California all the funds received which exceed the <br />approved, actual expenditures determined by the federal or state government. <br />b. In the event the approved amount of the grant is reduced, the reimbursement <br />applicable to the amount of the reduction will be promptly refunded to the State of <br />California. <br />c. Property /equipment purchased under the HSGP reverts to Cal OES if the grant <br />funds are deobligated or disallowed and not promptly repaid. <br />d. HSGP funds used for the improvement of real property must be promptly repaid <br />following deobligation or disallowment of costs, and Cal OES reserves the right to <br />place a lien on the property for the amount owed. <br />e. Separately account for interest earned on grant funds, and will return all interest <br />earned, in excess of $100 per Federal Fiscal Year. <br />42. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728- <br />4763) relating to prescribed standards for merit systems for programs funded under one of <br />the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a <br />Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). <br />43. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, <br />as amended, 7 U,S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm <br />blooded animals held for research, teaching, or other activities supported by this award of <br />assistance. <br />44. Will comply with the minimum wage and maximum hour provisions of the Federal Fair <br />Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher <br />education, hospitals, and other non - profit organizations. <br />45. Agrees that "Classified national security information," as defined in Executive Order (EO) <br />12958, as amended or updated via later executive ordet(s), means information that has been <br />determined pursuant to EO 12958 to require protection against unauthorized disclosure and <br />is marked to indicate its classified status when in documentary form. No funding under this <br />award shall be used to support a contract, subaward, or other agreement for goods or <br />services that will include access to classified national security information if the Award <br />Recipient has not been approved for and granted access to such information by appropriate <br />authorities. <br />46. Agrees that where an Award Recipient has been approved for and has access to classified <br />national security information, no funding under this award shall be used to support a <br />contract, subaward, or other agreement for goods or services that will include access to <br />classified national security information by the contractor, subrecipient, or other entity <br />without prior written approval from the OHS Office of Security, Industrial Security <br />Program Branch (ISPB), or, an appropriate official within the Federal department or <br />agency with whom the classified effort will be performed. Such contracts, subawards, or <br />other agreements shall be processed and administered in accordance with the DFIS <br />"Standard Operating Procedures, Classified Contracting by States and Local Entities," <br />dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the <br />National Industrial Security Program Operating Manual (NISPOM); and other applicable <br />implementing directives or instructions. Security requirement documents may be located <br />at: http: / /www.dhs.gov /xopnbiz/grants /index.shtm <br />47. Immediately upon determination by the Award Recipient that funding under this award will <br />be used to support a contract, subaward, or other agreement involving access to classified <br />national security information pursuant to paragraph 47, and prior to execution of any <br />actions to facilitate the acquisition of such a contract, subaward, or other agreement, the <br />13UASII 12613 35 <br />