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c�<,FORN'P City Council Staff Report
March 26, 2019
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Katie Eing, Emergency Services Coordinator
PHONE: 949-644-3670, keing@nbpd.org
TITLE: Resolution No. 2019-29: Emergency Management Performance
Grant Authorization
ABSTRACT:
In order for the City of Newport Beach to receive future expenditures from the Emergency
Management Performance Grant (EMPG), we must re -identify and re -authorize agents
of the City to execute all grant related documents as required by the California Office of
Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA)
every three years.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2019-29, A Resolution of the City Council of the City of Newport
Beach, California, Providing Written Authorization to the State of California Governor's
Office of Emergency Services of the Standard Assurances Required to Apply for
Grants from the Federal Department of Homeland Security, Federal Emergency
Management Agency.
FUNDING REQUIREMENTS:
The Emergency Management Preparedness Grant provides approximately $12,000
annually in revenue to support the City's Emergency Management Program and activities.
DISCUSSION:
The City's Emergency Management Program is managed by the Police Department and
includes several key components: education, training, planning and multi -agency
coordination. The City is served by the Orange County Sheriff's Department Emergency
Management Bureau, which is the lead agency of the Orange County Operational Area
(OA). The OA is the countywide advisory body responsible for preparing for, responding
to and mitigating local emergencies. A primary function of this group is the coordination
of the State and Federal grants.
WE
Resolution No. 2019-29: Emergency Management Performance Grant Authorization
March 26, 2019
Page 2
The EMPG program provides grants to states to support state, local, tribal and territorial
governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). Title VI of the Stafford
Act authorizes FEMA to make grants for the purpose of providing a system of emergency
preparedness for the protection of life and property in the United States from hazards and
to vest responsibility for emergency preparedness jointly in the federal government and
the states and their political subdivisions. The purpose of EMPG is to sustain and improve
comprehensive emergency management programs at the state, tribal, territorial
governments and local levels from all man-made and natural disasters through the
prevention, mitigation, response and recovery for all hazard events.
The City has received EMPG since 1998 and previously used the funding to purchase
equipment for the Emergency Operations Center (EOC), to conduct City-wide EOC
disaster exercises and training city staff on the National Incident Management System
(NIMS) as well as the Disaster Service Worker program.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
/_i F,RIT,rTani_dH i][17i7►Cw.Zi1 111061K%'
ATTACHMENT A
RESOLUTION NO. 2019- 29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA PROVIDING
WRITTEN AUTHORIZATION TO THE STATE OF
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY
SERVICES OF THE STANDARD ASSURANCES
REQUIRED TO APPLY FOR GRANTS FROM THE
FEDERAL DEPARTMENT OF HOMELAND SECURITY,
FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, the City Council of the City of Newport Beach ("City Council") desires
to designate and authorize certain officials as the City of Newport Beach's ("City") agents
for purposes of applying for and obtaining Emergency Management and Department of
Homeland Security Grants (hereinafter collectively referred to as "Eligible Grants");
WHEREAS, for all grants of thirty thousand dollars ($30,000) or more, City Council
Policy F-3 and F-25 generally require that, prior to the acceptance of a grant, the City
Council and City Manager approve the terms and conditions of the grant, approve budget
appropriations for the grant expenditures and City matching expenditures unless
previously appropriated through the budget adoption process, and approve and execute
the grant contracts. Council expenditure appropriation is required for all new
appropriations in excess of ten thousand dollars ($10,000) or as otherwise specified by
City Council Policy F-3;
WHEREAS, the City regularly applies for Eligible Grants from the Federal
Department of Homeland Security, Federal Emergency Management Agency ("FEMA"),
which are administered by the State of California Governor's Office of Emergency
Services ("Cal OES"). As part of all such applications for Eligible Grants, Cal OES
requires that the City submit written authorization from the City Council providing specific
standard assurances that the City Council, on behalf of the City, agrees (a) to provide all
matching funds required for the project specified in the grant application and that any
cash match will be appropriated as required, (b) that any liability arising out of the
performance of the grant agreement shall be the responsibility of the City, (c) that grant
funds shall not be used to supplement expenditures controlled by the City Council, and
(d) that the City official executing the grant agreement is authorized to do so (collectively,
the "Standard Assurances"),
W
Resolution No. 2019 -
Page 2 of 3
WHEREAS, the City's applications for Eligible Grants to Cal OES can be for
amounts under thirty thousand dollars ($30,000) and are therefore not required to be
brought to the City Council for approval. Notwithstanding, the City Council must still
provide the Standard Assurances for each such application for an Eligible Grant in order
for the City to apply for such Eligible Grants. Standard Assurances for All Cal OES Federal
Grant Programs are attached hereto as Exhibit A; and
WHEREAS, the purpose of this Resolution is for the City Council to provide written
authorization of the Standard Assurances to Cal OES for all applications of the City for all
Eligible Grants not otherwise required to be approved by the City Council per Council
Policy F-3. Notwithstanding, this Resolution is not intended to circumvent any
requirement in City Council Policy F-3 regarding all grants of thirty thousand dollars
($30,000) or more and all new appropriations in excess of ten thousand dollars ($10,000)
or as otherwise specified by City Council Policy F-3.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby provide written authorization to Cal OES
that, for all Eligible Grants for which the City applies: (a) the City Council and City will
provide all matching funds required for the project specified in the grant application and
that any cash match will be appropriated as required, (b) that any liability arising out of
the performance of the grant agreement shall be the responsibility of the City, (c) that
grant funds shall not be used to supplement expenditures controlled by the City Council,
and (d) that the City Manager and/or Police Chief are hereby authorized to execute the
grant agreements on behalf of the City and take any actions necessary to implement such
grant agreements, including, but not limited to, agreeing to comply with the Standard
Assurances, attached hereto as Exhibit A;
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Resolution No. 2019 -
Page 3 of 3
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of March, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
,^ C / ,,
Aaron C. Harp
City Attorney
Attachment: Exhibit A - Standard Assurances for All Cal OES Federal Grant Programs
S-5
EXHIBIT A
* Cal OES
,} GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant
has the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any non-federal share of project cost)
to ensure proper planning, management, and completion of the project described in this
application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines,
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for
federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations
(C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be
found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are set forth below. The Applicant hereby agrees to comply
with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that the
Applicant and the city council, governing board, or authorized body agree.-
(a)
gree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or authorized
body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body, and
(d) The official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
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2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the
period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation or policy
without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in
2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that it
and its principals, subgrantees, recipients or subrecipients:
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(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property,
(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)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. These
include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or national
origin and requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency
(LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the
basis of disability and requires buildings and structures be accessible to those
with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(fl Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part 100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and common
use areas and individual apartment units (all units in buildings with elevators and
ground -floor units in buildings without elevators)— be designed and constructed
with certain accessible features (See 24 C.F.R. § 100.201);
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(h) Executive Order 11246, which prohibits federal contractors and federally assisted
construction contractors and subcontractors, who do over $10,000 in Government
business in one year from discriminating in employment decisions on the basis of
race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part of
government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(1) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may
apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with
California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment
and discrimination in employment because of ancestry, familial status, race, color,
religious creed (including religious dress and grooming practices), sex (which includes
pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy,
childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy
disability leave (California Government Code §§12940, 12945, 12945.2), military and
veteran status, and/or retaliation for protesting illegal discrimination related to one of
these categories, or for reporting patient abuse in tax supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be
prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§
21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§
15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air
emissions from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions of
NEPA; and Executive Order 12898 which focuses on the environmental and human
health effects of federal actions on minority and low-income populations with the
goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards,
(h) Executive Order 11738 instituted to assure that each federal agency empowered to
enter into contracts for the procurement of goods, materials, or services and each
federal agency empowered to extend federal assistance by way of grant, loan, or
contract shall undertake such procurement and assistance activities in a manner
that will result in effective enforcement of the Clean Air Act and the Federal Water
Pollution Control Act Executive Order 11990 which requires preservation of
wetlands;
(i) The Safe Drinking Water Act of 1974, (P. L. 93-523);
0) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist
order pursuant to § 13301 of the California Water Code for violation of waste discharge
requirements or discharge prohibitions; or 3) determined to be in violation of federal law
relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of
Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the
Comptroller General of the United States and, if appropriate, the state, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents related to the award. The Applicant will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply
with this provision.
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10. Conflict of Interest
The Applicant will 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.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no
subgrantee, recipient, or subrecipient shall submit a false claim for payment,
reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting
of subawards obligating $25,000 or more in federal funds and (b) executive compensation
data for first-tier subawards. This includes the provisions of FFATA, which includes
requirements for executive compensation, and also requirements implementing the Act
for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal
Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward
and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at
10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award
recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of
time that the award is in effect; (2) procuring a commercial sex act during the period of time
that the award is in effect; or (3) using forced labor in the performance of the award or
subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours
and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for
federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning ([HE), hospitals and other non-profit
organizations.
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16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to
protect workers who may be injured on the job at all times during the performance of
the work of this Agreement, as per the workers compensation laws set forth in California
Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a
special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive
Order 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.);
and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and
24 CFR Part 35) which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting,
review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
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19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers are
also prohibited from the use of a wireless telephone without hands-free listening and
talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for
funding under this program, or provided in the course of an entity's grant management
activities that are under Federal control, is subject to the Freedom of Information Act
(FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government
Code section 6250 et seq. The Applicant should consider these laws and consult its
own State and local laws and regulations regarding the release of information when
reporting sensitive matters in the grant application, needs assessment, and strategic
planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -
PROGRAM SPECIFIC ASSURANCES ! CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on any
basis the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS Financial Assistance
Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at
CRCL(ahg.dhs.gov or by mail at U.S. Department of Homeland Security, Office for Civil
Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of
race, color, national origin (including LEP), sex, age, disability, religion, or familial status
against the recipient, or the recipients settle a case or matter alleging such discrimination,
recipients must forward a copy of the complaint and findings to the DHS Financial
Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
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24. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is
linked or linkable to that individual. All recipients who collect PII are required to have a
publically-available privacy policy that describes standards on the usage and maintenance
of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any
work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.
Part 200, Subpart E may not be charged to other federal financial assistance awards to
overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations,
or federal financial assistance award terms and conditions, or for other reasons. However,
these prohibitions would not preclude recipients from shifting costs that are allowable
under two or more awards in accordance with existing federal statutes, regulations, or the
federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issued in
compliance with this Act.
28. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. See OMB Circular A-129.
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding
certificates under 49 U.S.C. § 41102) for international air transportation of people and
property to the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the
interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants
must ensure that all conference, meeting, convention, or training space funded in whole or
in part with federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
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31. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that
prohibit supplanting by law must ensure that federal funds do not replace (supplant)
funds that have been budgeted for the same purpose through non-federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No.
96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the
specific requirements governing the development, reporting, and disposition of rights to
inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications.
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements, and
procurement contracts from all federal assistance offices exceeds $10,000,000 for any
period of time during the period of performance of this federal financial assistance award,
you must comply with the requirements set forth in the government -wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the award terms
and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to
using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions
of flags or likenesses of Coast Guard officials.
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including
any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant
recognizes and agrees that state financial assistance will be extended based on the
representations made in this assurance. This assurance is binding on the Applicant, its
successors, transferees, assignees, etc. Failure to comply with any of the above
assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with
these requirements may result in suspension of payments under the grant or termination of
the grant or both and the subrecipient may be ineligible for award of any future grants if the
Cal OES determines that any of the following has occurred: (1) the recipient has made false
certification, or (2) violates the certification by failing to carry out the requirements as noted
above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby incorporated
by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs-standard-
terms-and-cond iti ons.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
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