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includes ally information that is otherwise controlled by the Government (e.g, classified information or <br />other information subject to national security or export control laws or regulations), The recipient agrees to <br />consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are <br />purchased with, this funding. <br />45. Recipients receiving Federal financial assistance to be used to perform eligible work approved in the <br />submitted application for Federal assistance and after the receipt of Federal financial assistance, through the <br />State of California, agrees to the following: <br />a. Promptly return to the State of California all funds received which exceed the approved, actual <br />expenditures as determined by the Federal or State government. <br />E In the event the approved amount of the grant is reduced, She reimbursement applicable to the anount <br />of the reduction will be promptly refunded to the State of California. <br />c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are <br />deobligated or disallowed and not promptly repaid. <br />d. HSGP funds used for the improvement of real property must be promptly repaid following <br />deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property <br />for the amount owed. <br />e. Separately account for interest earned on grant fonds, and will return all interest earned, in excess of <br />$100 per Federal Fiscal Year. <br />46. Understands that recipients who receive awards made under programs that provide emergency <br />communication equipment and its related activities must comply with the SAFECOM Guidance for <br />Emergency Communication Grants, including provisions on technical standards that ensure and enhance <br />imeropetable communications. <br />47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 <br />U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for <br />research, teaching, or other activities supported by this award of assistance. <br />48. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards <br />Act (29 U.S.C. § 201), as they apply to employees of institutions of higher education, hospitals, and other <br />non - profit organizations. <br />49, Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as <br />amended or updated via later executive order(s), means information that has been determined pursuant to <br />ED 12958 to require protection against unauthorized disclosure and is marked to indicate its classified <br />status when in documentary forth. No funding under this award shall be used to support a contract, <br />subaward, or other agreement for goods or services that will include access to classified national security <br />information if the award recipient has not been approved for and granted access to such information by <br />appropriate authorities, <br />50. Agrees that where an award recipient has been approved for and has access to classified national security <br />information, no funding under this award shall be used to support a contract, subaward, or other agreement <br />for goods or services that will include access to classified national security information by the contractor, <br />subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial <br />Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with <br />whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be <br />processed and administered in accordance with the DHS "Standard Operating Procedures, Classified <br />Contracting by States and Local Entities," dated July 7, 2003; EOs 12829, 12958, 12968, and other <br />applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and <br />other applicable implementing directives or instructions, Security requirement documents may be located <br />at: ht : //wvvw.dhs.eov /xoDl26iz Pr.vlts /index shun <br />Page 7 <br />