HomeMy WebLinkAbout05 - Approval of the 2018 Urban Areas Security Initiative Grant Program Transfer Agreement with the City of AnaheimQ �EwPpRT
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City Council Staff Report
February 25, 2020
Agenda Item No. 5
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. 2020-20: Approval of the 2018 Urban Areas Security
Initiative Grant Program Transfer Agreement with the City of Anaheim
ABSTRACT -
The Federal Urban Areas Security Initiative (UASI) Grant Program dedicates funding
support to select high -threat, high-density urban areas in order to address their unique
multi -discipline planning, organization, equipment, training and exercise needs in building
and sustaining capabilities to prevent, protect against, respond to, and recover from
threats or acts of terrorism. The grant is managed through the City of Anaheim and the
City of Newport Beach is a sub -recipient. The proposed Resolution and Grant will provide
first responders with equipment and training to better prepare for a terrorist attack or
natural disaster.
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;
b) Adopt Resolution No. 2020-20, A Resolution of the City Council of the City of Newport
Beach, California, Approving the Agreement for Transfer or Purchase of
Equipment/Services or for Reimbursement of Training Costs for the Fiscal Year 2018
Urban Areas Security Initiative (UASI) between the City of Newport Beach and the
City of Anaheim; and
c) Authorize the Mayor to sign the Agreement.
FUNDING REQUIREMENTS:
There are no funding requirements associated with this item at this time. Adopting the
attached resolution is the first step required in order to apply for funding under the
Anaheim UASI grant. If the City is awarded a portion of the Anaheim UASI grant, staff
will return to City Council when budget appropriations are necessary.
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Resolution No. 2020-20: Approval of the 2018 Urban Areas Security Initiative
Grant Program Transfer Agreement with the City of Anaheim
February 25, 2020
Page 2
DISCUSSION:
The UASI Grant Program was authorized by Congress in 2003 and implemented by the
U.S. Department of Homeland Security to help strengthen the nation against risks
associated with potential terrorist attacks. The Federal Urban Areas Security Initiative
(UASI) Grant Program dedicates funding support to select high -threat, high-density urban
areas in order to address their unique multi -discipline planning, organization, equipment,
training, and exercise needs to prevent, protect against, respond to, and recover from
threats or acts of terrorism.
In FY 2018, 33 high -threat, high-density urban areas were eligible for funding under the
UASI Grant Program, including the Orange County Metropolitan Area. The City of
Anaheim applied for, received and accepted a $1,819,025 grant under the UASI Grant
Program from the U.S. Department of Homeland Security (DHS) Federal Emergency
Management Agency (FEMA) for use in the County of Orange to provide for terrorism
prevention and enhancement of emergency preparedness. The City of Anaheim is
responsible for the management and administration of the UASI Grant Program and is
overseen by the California Governor's Office of Emergency Services (Cal OES).
The urban areas are chosen by DHS based on a formula that takes into account factors
such as critical infrastructure, population density, and credible threat information. Among
other densely populated areas, the City of Anaheim was selected as the "core city" for the
Orange County Metropolitan Area.
The FY 2018 UASI Grant Program priorities for Orange County include:
• Strengthen Chemical, Biological, Radiological, Nuclear, and Explosive materials
(CBRNE) Detection, Response, and Decontamination Capability
• Enhance Information Collection, Analysis, & Dissemination
• Improve and Expand Critical Infrastructure Protection
• Citizen Preparedness and Participation
• Homeland Security Training Program
The City of Newport Beach is considered an urban area sub -recipient under this grant
program. Once the Transfer Agreement is approved, the City is eligible to receive
equipment and training.
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.
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Resolution No. 2020-20: Approval of the 2018 Urban Areas Security Initiative
Grant Program Transfer Agreement with the City of Anaheim
February 25, 2020
Page 3
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:
Attachment A — Resolution No. 2020-20
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ATTACHMENT A
RESOLUTION NO. 2020-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
AGREEMENT FOR TRANSFER OR PURCHASE OF
EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF
TRAINING COSTS FOR THE FISCAL YEAR 2018 URBAN
AREAS SECURITY INITIATIVE (UASI) BETWEEN THE
CITY OF NEWPORT BEACH AND THE CITY OF
ANAHEIM.
WHEREAS, the Federal Urban Areas Security Initiative ("UASI") Grant Program
dedicated funding support to select high threat, high density, urban areas in order to
address their unique multi discipline planning, organization, equipment, training, and
exercise needs to prevent, protect against, respond to, and recover from threats or acts
of terrorism;
WHEREAS, the City of Anaheim, acting through the Anaheim Police Department
in its capacity as a "Core City" for the Anaheim Urban Area under the Fiscal Year 2018
UASI Grant Program, has applied for, received and accepted a $1,819,025 grant ("Grant
Funds") entitled "Fiscal Year 2018 Urban Areas Security Initiative" from the Federal
Department of Homeland Security ("DHS") Federal Emergency Management Agency
("FEMA"), through the State of California Governor's Office of Emergency Services ("Cal
OES"), for use in the County of Orange to provide for terrorism prevention and
enhancement of countywide emergency preparedness;
WHEREAS, the City of Anaheim is the administrator of the Fiscal Year 2018 UASI
Grant Program and distribution of the Grant Funds. The City of Anaheim desires to
distribute a portion of the Grant Funds to the City of Newport Beach ("City") in accordance
with the terms and provisions of that certain "Agreement for Transfer or Purchase of
Equipment 1 Services or for Reimbursement of Training Costs for FY2018 Urban Areas
Security Initiative (UASI)" in the form attached hereto as Exhibit 1 (the "Agreement"); and
WHEREAS, the City desires to enter into the Agreement and to use such Grant
Funds as are made available to the City by the City of Anaheim in accordance with the
terms and provisions of the Agreement for the purpose of, among other things, providing
its first responders with equipment and training to better prepare for a terrorist threat or
attack and/or natural disaster.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
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Resolution No. 2020 -
Page 2 of 3
Section 1: The City Council does hereby approve the Agreement between the
City of Anaheim and the City, in the form attached hereto as Exhibit 1.
Section 2: The City Manager is authorized and directed to execute the
Agreement on behalf of the City and to take such other action as are consistent with and
deemed necessary by the City Manager, in consultation with the Police Chief (or his duly
authorized designee), to implement the Agreement, including the execution of all
certifications, disclosures, grant assurances, documents, agreements, reports and
instrument required under the Agreement and to administer the City's obligations,
responsibilities and duties to be performed hereunder and under the Agreement.
Section 3: The City Manager, in consultation with the Police Chief (or his duly
authorized designee), is further authorized and directed to use such Grant Funds for
eligible activities as approved by the City of Anaheim, DHS, FEMA and 1 or Cal DES and
in accordance with terms and provisions of the Agreement.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of the resolution.
Section 5: 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 section, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environment 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly; and is not a "project" as defined in Section 15378 of the CEQA Guidelines.
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Resolution No. 2020 -
Page 3 of 3
Section 7: 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 25th day of February, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani f. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A Ct"" ( -
Aaron C. Harp
City Attorney
Attachments): Exhibit 1 —Transfer Agreement
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AGREEMENT
SUB -RECIPIENT: CITY OF NEWPORT BEACH
City Contract Number
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Section Description
TABLE OF CONTENTS
I
INTRODUCTION
Page
§101. Parties to the Agreement 3
§102. Representatives of the Parties and Service of Notices 3
§103. Independent Party 4
§104. Conditions Precedent to Execution of this Agreement 4
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§242. Use of Grant Funds
5
5
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment 8
IV
STANDARD PROVISIONS
§401.
Construction of Provisions and Titles Herein
9
§402.
Applicable Law, Interpretation and Enforcement
9
§403.
Integrated Agreement
9
§404.
Excusable Delays
9
§405.
Breach
10
§406.
Prohibition Against Assignment or Delegation
10
§407.
Permits
10
§408.
Non Discrimination and Affirmative Action
10
§449.
Bonds
11
5-8
TABLE OF CONTENTS
Section Description Pa@e
§410. Indemnification 11
§411. Conflict of Interest 11
§412. Restriction on Disclosures 13
§413. Statutes and Regulations Applicable to All Grant Contracts 13
§414. Federal, State, and Local Taxes 20
§415. Inventions, Patents and Copyrights 20
§415. MBEANBE 22
V
DEFAULTS. SUSPENSION. TERMINATION. AND AMENDME
§551. Defaults 23
§502. Amendments 23
V
ENTIRE AGREEMENT
§551. Complete Agreement 24
§602. Number of Pages and Attachments 24
Execution (Signature) Page 25
EXHIBITS
Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit B Certification Regarding Lobbying
Exhibit C Grant Assurances
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Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENTISERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2018 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this 8th day of May 2019, by and between
the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF NEWPORT
BEACH (the "SUB -RECIPIENT" or "Contractor").
WITNESSETH
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity
as a Care City for the Ana heimlSanta Ana Urban Area under the FY 18 Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2018
Urban Areas Security Initiative" from the federal Department Of Homeland
Security(DHS), Federal Emergency Management Agency (FEMA), through the State of
California Governor's Office of Emergency Services (CaIOES), to enhance countywide
emergency preparedness (the "grant"), as set forth in the grant guidelines and
assurances that are incorporated to this Agreement by reference and located at:
"U.S. Department of Homeland Security "Fiscal Year 2018 Homeland Security Grant
Program (HSGP) Notice of Funding Opportunity {NOFO)" https://www.fema.goJmedia-
library-data/1526578809767-
7f0$f477.f36d22b2cOd8afb848048c96/FY 2018 HSGP NOFO FINAL 508.pdf
California Office of Emergency Services "FY2018 Homeland Security Grant Program:
California Supplement to Federal Program Guidance and Application Kit"
http s:/lwww. caloes. ca. gov/Grants Ma n a gementS ite/D ocume nts/FY°/❑202018°/020 H S
GP%20State%2OGuidance.pdf
Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant
Office.
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM
("CITY") and is overseen by the California Governor's Office of Emergency Services
("CaIOES"); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
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WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA"} consists of 34 cities
in Orange County, including the City of Anaheim and the City of Santa Ana, the County
of Orange, Santa Ana Unified School District Police, California State University,
Fullerton, University of California, Irvine, Municipal Water District of Orange County,
and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management ("OGM") awarded a FY 18 UASI
Grant of $4,135,000 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Anaheim Police Department, Emergency Management Director ("UASI Grant
Office") to provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY 18 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to
CITY OF NEWPORT BEACH ("SUB -RECIPIENT") and others;
WHEREAS, the CITY and SUB -RECIPIENT are desirous of executing this
Agreement as authorized by the City Council and the Chief of Police which
authorizes the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS
1)
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I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 425 South
Harbor Boulevard, Anaheim, CA 92805; and
B. CITY OF NEWPORT BEACH, a municipal corporation, ,
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications
shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise
stated in the Agreement:
Richard LaRocheile, Lieutenant
Anaheim Police Department
425 South Harbor Boulevard
Anaheim, CA. 92845
Phone: (714) 765-3833
Fax: (794) 765-1616
rlarochelle@anaheim.net
2. The representative of CITY OF NEWPORT BEACH shall be:
Name: Katie Eing
Title: Emergency Services Coordinator
Sub Recipient:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Telephone: (949) 644-3670
E-mail: keing@nbpd.org
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B. Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change.
§103. Independent Party
SUB -RECIPIENT is acting hereunder as an independent party, and not as an
agent or employee of the CITY OF ANAHEIM. No employee of SUB -RECIPIENT
is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement,
and SUB -RECIPIENT shall so inform each employee organization and each
employee who is hired or retained under this Agreement. SUB -RECIPIENT shall
not represent or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the CITY OF ANAHEIM.
§104. Conditions Precedent to Execution of This Agreement
SUB -RECIPIENT shall provide copies of the following documents to the CITY OF
ANAHEIM, unless otherwise exempted.
A. Grant Assurances in accordance with section 413C of this Agreement attached
hereto as Exhibit C and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Drder 12549 in accordance with Section 413Al2 of this Agreement
and attached hereto as Exhibit A and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
413A4 of this Agreement and attached hereto as Exhibit B and made a part
hereof. SUB -RECIPIENT shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of the information contained in any Disclosure
Form previously filed by SUB -RECIPIENT.
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11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on May 8, 2019 and end on
March 31, 2021 or upon the final disbursement of all of the Grant Amount (as
defined in Section 301 ) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB -RECIPIENT, equipment or services
purchased with grant funds and in accordance with grant guidelines set
forth above; or, b) reimburse SUB -RECIPIENT for purchase of authorized
equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines
and in full compliance with all of the SUB -RECIPIENT'S purchasing and
bidding procedures. SUB -RECIPIENT shall specify the equipment,
services, exercises and training to be purchased using the Application for
Project Funding. A paper copy of this document will be provided to SUB -
RECIPIENT by CITY. In addition, a compact disc with a copy of the
document will be provided to SUB -RECIPIENT by CITY. If additional
copies of the document are needed, SUB -RECIPIENT may contact the
Anaheim Grant Coordinator and it will be provided.
B. SUB -RECIPIENT shall provide any reports requested by the CITY regarding
the performance of the Agreement. Reports shall be in the form requested by
the CITY, and shall be provided in a timely manner.
C. SUB -RECIPIENT shall provide the CITY a copy of its most current
procurement guidelines and follow its own procurement requirements as long
as they meet the minimum federal requirements. Federal procurement
requirements for the FY 18 UASI Grant can be found at 2 Code of Federal
Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards."
D. The Authorized Equipment List (AFL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
https://www.fema.gov/authorized-equipment-list, and incorporated to this
Agreement by reference. A copy of the AEL shall be retained in the
Anaheim/Santa Ana Grant Office. Unless otherwise stated in program
guidance any equipment acquired pursuant to this Agreement shall meet all
mandatory regulations and/or DHS -adapted standards to be eligible for
purchase using grant funds.
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Any equipment acquired or obtained with Grant Funds:
1. Shall be made available under the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with
representatives of the various fire, emergency medical, hazardous
materials response services, and law enforcement agencies within
the jurisdiction of the applicant;
2. Shall be consistent with needs as identified in the National Priorities
and Core Capabilities, the State Homeland Security Strategy and the
Anaheim/Santa Ana Urban Area and Orange County Operational
Area Homeland Security Grants Strategy, the Threat Hazard
Identification and Risk Assessment (THIRA), the State
Preparedness Report; and deployed in conformance with those
plans;
3. Shall be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan;
4. Shall be subject to the requirements of Title 2 CFR Part 204.313 and
200.314. For the purposes of this subsection, "Equipment" is defined
as nonexpendable property that is not consumed or does not lose its
identity by being incorporated into another item of equipment, which
costs $5,004 or more per unit, or is expected to have a useful life of
one (1) year or more.
5. Shall be used by SUB -RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
S. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
7. Shall be recorded on a ledger. The record shall include: (a)
description of the item of Equipment, (b) serial number or other
identification number, (c) the source of funding for the property
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(including FAIN); (d) who holds the title, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) percentage of
federal participation in the project costs for the Federal award under
which the property was acquired, (h) location, and (i)use and
condition of Equipment, and 0) ultimate disposition data including the
date of disposal and sale price of the property. Records must be
retained pursuant to 2 CFR Part 200.313.
8. All equipment obtained under this Agreement shall have an ASAUA
identification decal affixed to it, and, when practical, shall be affixed
where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every two years.
Inventory shall also be taken prior to any UASI, State or Federal
monitor visits.
10. SUB -RECIPIENT shall exercise due care to preserve and
safeguard equipment acquired with grant funds from damage or
destruction and shall provide regular maintenance and such repairs
for said equipment as necessary, in order to keep said equipment
continually in good working order. Such maintenance and servicing
shall be the sole responsibility of SUB -RECIPIENT, who shall
assume full responsibility for maintenance and repair of the
equipment throughout the life of said equipment.
11. SUB -RECIPIENT shall contact the ASAUA Grant Office prior to
initiating the disposition process. Disposal of equipment shall be
conducted pursuant to 2 CFR Part 203.313. The ASAUA will contact
the awarding agency for disposition instructions, if necessary, prior to
any action being taken.
D. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2018 Homeland Security Grant Program, as set forth above.
All training expenses must be pre -authorized by CalOES at
https:llw3.calema.ca.govNVebPageltrainreq. nsf/Train Request?Open Form. A
catalogue of Grantor approved and sponsored training courses is available at
https://cdp.dhs.gov/.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2018 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at https://www.fema.gov/media-library/assets/documents/32326.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2018 Homeland Security Grant Program, as set forth above.
G. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY 2018 Homeland Security Grant Program, as set
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forth above.
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. CITY may, a) transfer to SUB -RECIPIENT, equipment or services purchased
with grant funds; or, b) reimburse SUB -RECIPIENT for the purchase of
authorized equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines and
in full compliance with all of the SUB -RECIPIENT'S purchasing and bidding
procedures. SUB -RECIPIENT shall specify the equipment, exercises, services
or training to be purchased using the Application for Project Funding. A copy of
this document will be provided to SUB -RECIPIENT by CITY. If additional
copies of the document are needed, SUB -RECIPIENT may contact the
Anaheim Grant Coordinator and it will be provided. Funds may be used for
planning, exercises, organizational and training activities, and the purchase of
equipment as described in Section 202 above.
B. SUB -RECIPIENT shall provide invoices to the CITY requesting payment and all
supporting documentation. Each reimbursement request shall be
accompanied by the Reimbursement Request for Grant Expenditures detailing
the expenditures made by SUB -RECIPIENT as authorized by Section 202
above. Each reimbursement request shall be submitted to the Anaheim UASI
Grant Office. For equipment for which SUB -RECIPIENT is requesting
reimbursement, all appropriate back-up documentation must be attached to the
reimbursement form, including invoices, proof of payment, packing slips, and
Equipment Reimbursement Worksheet. For training reimbursements, SUB -
RECIPIENT must include a copy of any certificates issued or a copy of the
class roster verifying training attendees, proof that a Ca1DES tracking number
has been assigned to the course, timesheets and payroll registers for all
training attendees, receipts for travel expenses related to the training, and
Training Reimbursement Worksheet. For regional project reimbursements,
SUB -RECIPIENT must include approval from the lead agency for all submitted
invoices.
C. Payment of final invoice shall be withheld by the CITY until the SUB -
RECIPIENT has turned in all supporting documentation and completed the
requirements of this Agreement.
D. It is understood that the CITY makes no commitment to fund this
Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing
availability to the CITY of federal funds for this program. The Agreement may
be terminated immediately upon written notice to SUB -RECIPIENT of a loss or
reduction of federal grant funds.
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IV
STANDARD PROVISIONS
§409. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Sub -recipient" herein and in any amendments hereto includes the party or
parties identified in this Agreement. The singular shall include the plural. If
there is more than one Sub -recipient as identified herein, unless expressly
stated otherwise, their obligations and liabilities hereunder shall be joint and
several. Use of the feminine, masculine, or neuter genders shall be deemed to
include the genders not used.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the CITY. This
Agreement shall be enforced and interpreted under the laws of the State of
California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only by a written instrument executed by both parties hereto.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
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restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the parry's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
SUB -RECIPIENT may not, unless it has first obtained the written permission of
the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
SUB -RECIPIENT and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for SUB -RECIPIENT performance
hereunder and shall pay any fees required therefore. SUB -RECIPIENT further
certifies to immediately notify the CITY of any suspension, termination, lapses,
non renewals or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
SUB -RECIPIENT shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, the
State of California, and the CITY. In performing this Agreement, SUB -
RECIPIENT shall not discriminate in its employment practices against any
employee or applicant for employment because of such person's 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 or physical
disability, genetic information, medical condition, age, pregnancy, denial of
medical and family care leave, or pregnancy disability (California
Government Code §§ 12490, 12945, 12945.2), military or veteran status,
and/or retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions. SUB-
IM7
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RECIPIENT shall comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR Part 50).
SUB -RECIPIENT shall comply with California Public Contract Code §10295.3,
which addresses discrimination based on domestic partnerships. If required, SUB -
RECIPIENT shall submit an Equal Employment Opportunity Plan ("EEOP") to the
DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at
http://www.ojp.usdoj.gov/ocr/eeop.htm,
Any subcontract entered into by the SUB -RECIPIENT relating to this Agreement,
to the extent allowed hereunder, shall be subject to the provisions of this § 408.
§409. Bonds
SUB -RECIPIENT must purchase a performance bond for any equipment item
over $250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds. SUB -RECIPIENT must provide a copy of performance
bond to CITY no later than the time of reimbursement.
§410. Indemnification
To the fullest extent of the law, SUB -RECIPIENT agrees to indemnify, defend,
and hold harmless the City of Anaheim, its officers, agents, employees,
representatives and designated volunteers from and against any and all claims,
demands, defense costs, or liability of any kind or nature arising out of or resulting
from, or any way connected with SUB -RECIPIENT'S acts, errors or omissions in
the performance of SUB -RECIPIENT'S services or use of grant funds under the
terms of this Agreement.
§411. Conflict of Interest
A. SUB -RECIPIENT covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract
supported (in whole or in part) by Federal funds where such person is a
director, officer, employee or agent of the subcontractor; or where the selection
of subcontractors is or has the appearance of being motivated by a desire for
personal gain for themselves or others such as family business, etc.; or where
such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq, if such person were a public officer, because such
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person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic
partner anchor those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
2. The term "financial or other interest' includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial interest of
five percent or more; ownership of five percent or more of
the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
C. The SUB -RECIPIENT further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value from
any actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any
officer, employee, or agent).
D. The SUB -RECIPIENT shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and the Contractor.
E. Prior to obtaining the CITY'S approval of any subcontract, the SUB -
RECIPIENT shall disclose to the CITY any relationship, financial or
otherwise, direct or indirect, of the SUB -RECIPIENT or any of its officers,
directors or employees or their immediate family with the proposed
subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws
of the SUB -RECIPIENT, State of California, and Federal regulations
regarding conflict of interest.
G. The SUB -RECIPIENT warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining this
Ag reement.
H. The SUB -RECIPIENT covenants that no member, officer or employee of
12
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SUB -RECIPIENT shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in connection
with this project during his/her tenure as such employee, member or officer or
for one year thereafter.
I. The SUB -RECIPIENT shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this project
and shall substitute the term "subcontractor" for the term "SUB -RECIPIENT"
and "sub subcontractor" for "Subcontractor'.
§412. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250, et seq.).
§413. Statutes and Regulations Applicable To All Grant Contracts
A. SUB -RECIPIENT shall comply with all applicable requirements of state, federal,
county and SUB -RECIPIENT laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. SUB -RECIPIENT shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. SUB -RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
Office of Management and Bud et OMB Circulars
SUB -RECIPIENT shall comply with 2 Code of Federal Regulations
(CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit
Requirements for Federal Awards).
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
SUB -RECIPIENT shall adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of
Federal Regulations, Part 200, Subpart F Audit Requirements;
and any administrative regulation or field memos implementing
the Act. When reporting under on the FY18 UASI Grant Program
under the Single Audit Act, SUB -RECIPIENT shall use Catalog
of Federal Domestic Assistance (CFDA) Program Number
97.067 "Homeland Security Grant Program"; Grant Identification
Number 2018-4054; and identify the City of Anaheim as the
Pass -Through.
3. Americans with Disabilities Act
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5-22
SUB -RECIPIENT hereby certifies that it will comply with the
Americans with Disabilities Act, 42 U SC §§ 12101, et seq. , and its
implementing regulations. SUB -RECIPIENT 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 Americans with
Disabilities Act. SUB -RECIPIENT will not discriminate against
persons with disabilities or against persons due to their relationship
to or association with a person with a disability. Any subcontract
entered into by the SUB -RECIPIENT, relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of
this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be
used for any purpose designed to support or defeat any pending
legislation or administrative regulation. None of the funds provided
pursuant to this Agreement shall be used for any sectarian purpose or
to support or benefit any sectarian activity.
If this Agreement provides for more than $100,000 in grant funds or
more than $150,000 in loan funds, SUB -RECIPIENT shall submit to
the CITY a Certification Regarding Lobbying and a Disclosure Form,
if required, in accordance with 31 USC §1352. A copy of the
Certificate is attached hereto as Exhibit B. No funds will be released
to SUB -RECIPIENT until the Certification is filed.
SUB -RECIPIENT shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure
or which materially affects the accuracy of any of the information
contained in any Disclosure Form previously filed by SUB -
RECIPIENT. SUB -RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub -awards
at all tiers and that all subcontractors shall certify and disclose
accordingly.
5. Records Inspection
In accordance with 2 CFR§200.336, at any time during normal
business hours and as often as the CITY, the U.S. Comptroller
General, and/or the Auditor General of the State of California may
deem necessary, SUB -RECIPIENT shall make available for
examination all of its records with respect to all matters covered by
this Agreement. The CITY, the U.S. Comptroller General and/or the
Auditor General of the State of California shall have the authority to
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audit, examine and make excerpts or transcripts from records,
including SUB -RECIPIENT'S invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all
matters covered by this Agreement.
SUB -RECIPIENT agrees to provide any reports requested by the
CITY regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the CITY with respect to all matters
covered on file for all documents specked in this Agreement.
Original forms are to be maintained on file for all documents specified
in this Agreement. Such records shall be retained for a period of
three (3) years after the CITY receives notification of grant closeout
from Ca10ES, and after final disposition of a I I pending matters.
"Pending matters" include, but are not limited to, an audit, litigation or
other actions involving records. The CITY may, at its discretion, take
possession of, retain and audit said records. Records, in their
original form pertaining to matters covered by this Agreement, shall at
all times be retained within the County of Orange unless authorization
to remove them is granted in writing by the CITY.
7. Subcontracts and Procurement
SUB -RECIPIENT shall comply with the federal and SUB -
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
SUB -RECIPIENT shall ensure that the terms of this Agreement with
the CITY are incorporated into all Subcontractor Agreements. The
SUB -RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the release of any funds to the
subcontractor. The SUB -RECIPIENT shall withhold funds to any
subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective Subcontractor
Agreement.
8. Labor
SUB -RECIPIENT shall comply, as applicable, with the provisions of
the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U_S.C. §874), the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§327-333), regarding labor
standards for federally -assisted construction subagreements, and the
Hatch Act (5 USC §§1501-1508 and 7324-7328).
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5-24
SUB -RECIPIENT shall comply with the Federal Fair Labor Standards
Act (29 USC §201) regarding wages and hours of employment. None
of the funds shall be used to promote or deter Union/labor organizing
activities. CA Gov't Code Sec. 16645, et seq.
9. Civil Rights
SUB -RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P,L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX
of the Education Amendments of 1972, as amended (20 U.S.C.
§§1681- 1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) The Age Discrimination act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation act of 1970
(P.L. 91-616) as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.&C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§3601, et seq.), as amended, relating to non-discrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for
Federal assistance is being made; 0) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and
(k) P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this
award of assistance.
10. Environmental
SUB -RECIPIENT shall comply, or has already complied, with the
requirements of Titles Il 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 purchases.
SUB -RECIPIENT shall comply with environmental standards which
may be prescribed pursuant to the following: (a) institution of
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environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-1'90) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to
EO 11738; (c) protection of wetlands pursuant to EO 19990; (d)
evaluation of flood hazards in fioodplains in accordance with EO
11988; (e) assurance of protect consistency with the approved
State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§1451, et seq.); (f)
conformity of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401, et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); (h) protection of
endangered species under the Endangered Species Act of 1973,
as amended (P.L. 93205); and (i) Flood Disaster Protection Act of
1973 §102(a) (P.L. 93-234).
SUB -RECIPIENT shall comply with the 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.
SUB -RECIPIENT shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801, et seq.) which prohibits the use of
lead- based paint in construction or rehabilitation of residence
structures.
SUB -RECIPIENT shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251-1387) which restores and maintains
the chemical, physical and biological integrity of the Nation's waters.
SUB -RECIPIENT shall comply with the Federal Clean Water Act
(CWA) (33 U.S.0 §1251 et sec{.}, which establishes the basic
structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters.
SUB -RECIPIENT shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment of
this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal
Grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by
the EPA.
By signing this Agreement, SUB -RECIPIENT ensures that it is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21000, et seq. and is not impacting the
environment negatively.
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SUB -RECIPIENT shall comply with the Energy Policy and
Conservation Act (P -L. 94-163, 89 Stat. 871).
11. Preservation
SUB -RECIPIENT shall comply with Section 196 of the National
Historic Preservation Act of 1956, as amended (16 U.S.C. §470), EG
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1, et seq.).
12, Debarment and Suspension
SUB -RECIPIENT shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and SUB -
RECIPIENT shall submit a Certification Regarding Debarment required
by Executive Order 12549 and any amendment thereto. Said
Certification shall be submitted to the CITY concurrent with the
execution of this Agreement and shall certify that neither SUB -
RECIPIENT nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department head
or agency. SUB -RECIPIENT small require that the language of this
Certification be included in the award documents for all sub -award at
all tiers and that all subcontractors shall certify accordingly.
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR
§200.212 and codified in 2 CFR Part 180, Debarment and Suspension,
SUB -RECIPIENT will provide protection against waste, fraud and
abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the Federal government.
13. Druq-Free Workplace
SUB -RECIPIENT shall comply with the federal Drug -Free
Workplace Act of 1988, 41 USC §701, 44 GFR Part 67; the
California Drug -Free Workplace Act of 1990, CA Gov't Code §§
8350-8357.
14. Financial Management
SUB -RECIPIENT will comply with 31 U.S.0 §3729 which sets forth
that no subgrantee, recipient or subrecipient shall submit a false
claim for payment, reimbursement or advance.
15. Re ortin--Accountabilit
SUB -RECIPIENT agrees to comply with applicable provisions of the
Federal Funding Accountability and Transparency Act (FFATA) (2
CFR Chapter 1, Part 170), specifically (a) the reporting ofsubawards
obligating $25,000 or more in federal funds and (b) executive
18
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compensation data for first-tier subawards. This includes the
provisions of FFATA, which includes requirements on executive
compensation, and also requirements implementing the Act for the
non -Federal entity at 2 CFR part 25 Financial Assistance Use of
Universal Identifier and Central Contractor Registration and 2 CFR
part 174 Reporting Subaward and Executive Compensation
I nformation.
SUB -RECIPIENT must also comply with statutory requirements for
whistleblower protections at 10 U.S.C. §2449, 41 U.S.C. §4712, and
10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C. §6101
et seq.
16. Human Trafficking
SUB -RECIPIENT will comply with the requirements of Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. §7104) which prohibits grant award recipients
or a subrecipient from (1) Engaging in severe forms of 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.
17. Freedom of Information Act
SUB -RECIPIENT 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 which is
under Federal control is subject to the Freedom of Information Act
(FOIA), 5 U.S.C. §552. SUB -RECIPIENT should also consult State
and local laws and regulations regarding the release of
information, which should be considered when reporting sensitive
matters in the grant application, needs assessment and strategic
planning process.
18. California Public Records Act
SUB -RECIPIENT acknowledges that all information submitted in
the course of applying for funding under this program or provided
in the course fo an entity's grant management activities may be
subject to the California Public Records Act (California
Government Code §§6250-5276,48), which requires inspection
and/or disclosure of governmental records to the public upon
request, unless exempted by law.
B. Statutes and Regulations Applicable To This Particular Grant
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SUB -RECIPIENT shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular
grant program. SUB -RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
1.
Title 2 Code of Federal Regulations (CFR) Part 204; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office
of the Comptroller, U.S. Department of Homeland Security,
Preparedness Directorate Financial Management Guide; U.S.
Department of Homeland Security, Office of Grants and Training, FY
2018 Homeland Security Grant Program —Notice of Funding
Opportunity; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act,
Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
CCR Title 19, §§ 2445-2448.
Provisions of 44 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures;
Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information;
Part 23, Criminal Intelligence Systems Operating Policies; Part 34,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of
Faith -based Organizations; Part 42, Nondiscrimination/Equal
employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and Wetland Protection
Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to
federal Assistance Programs; Part fig, New Restrictions on Lobbying;
Part 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements (including sub -awards) with Institutions of
Higher Learning, Hospitals and other Non -Profit Organizations; and
Part 83, Government- Wide Requirements for a Drug Free
Workplace (grants).
2. Travel Expenses
SUB -RECIPIENT as provided herein may be compensated for SUB -
RECIPIENT'S reasonable travel expenses incurred in the
performance of this Agreement, to include travel and per diem,
20
5-29
unless otherwise expressed. Travel including in -State and out -of -
State travel shall not be reimbursed without prior written
authorization from the UASI Grant Office.
SUB -RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on the SUB -RECIPIENT'S travel policies
and procedures. If SUB -RECIPIENT does not have established
travel policies and procedures, SUB -RECIPIENT'S reimbursement
rates shall not exceed the amounts established under 5 U. -S -C
5701-11, ("Travel and Subsistence Expenses; Mileage
Allowances"), or by the Administrator of General Services, or by
the President (or his or her designee) pursuant to any provisions
of such subchapter must apply to travel under federal awards (48
CFR 31.205-46(a)).
3. Personally Identifiable Information
SUB -RECIPIENT collecting Personally Identifiable Information
(PII) must have a publically-available policy that describes what
P I I they collect, how they plan to use the PII, whether they share
PII with third parties, and how individuals may have their PH
corrected where appropriate
4. Hotel and Motel Fire Safety Act of 1990
SUB -RECIPIENT must ensure that all conference, meeting,
convention, or training space funded in whole or in part with
Federal funds complies with Section 6 of the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act
of 1974, 15 U.S.C. §2225x.
5. Terrorist Financing E.O. 13224
SUB -RECIPIENT must comply with U.S. 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.
6. USA Patriot Act of 2001
SUB -RECIPIENT must comply with the 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.
7. Noncompliance
SUB -RECIPIENT understands that failure to comply with any of the
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above assurances may result in suspension, termination or reduction
of grant funds, and repayment by SUB -RECIPIENT to CITY of any
unlawful expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the CITY to sign certain promises regarding the way the Grant Funds would
be spent ("Grant Assurances"), attached hereto as Exhibit C. By signing these
Grant Assurances, the CITY became liable to the Grantor for any funds that
are used in violation of the grant requirements. SUB -RECIPIENT shall be
liable to the Grantor for any funds the Grantor determines SUB -RECIPIENT
used in violation of these Grant Assurances. SUB -RECIPIENT shall indemnify
and hold harmless the CITY for any sums the Grantor determines SUB -
RECIPIENT used in violation of the Grant Assurances.
§414. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB -RECIPIENT as
an independent party and not as a CITY employee.
§415. Inventions. Patents and Copyrights
A. Reporting Procedure for inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation,
processes and business methods made in the course of work under this
Agreement, the SUB -RECIPIENT shall report the fact and disclose the
Invention promptly and fully to the CITY. The CITY shall report the fact and
disclose the Invention to the Grantor. Unless there is a prior agreement
between the CITY and the Grantor, the Grantor shall determine whether to
seek protection on the Invention. The Grantor shall determine how the rights in
the Invention, including rights under any patent issued thereon, will be
allocated and administered in order to protect the public interest consistent
with the policy ("Policy") embodied in the Federal Acquisition Regulations
System, which is based on Ch. 18 of title 35 U.S.C. Sections 290, et seq.
(Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum
on Government Patent Policy to the Heads of the Executive Departments and
Agencies, dated 211811983); and Executive Order 12591, 4110187, 52 FR
13414, 3 GFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22187,52 FR 48661, 3 CFR, 1987 Camp., p. 262). SUB -RECIPIENT
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Riahts to Use Inventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable,
royalty- free license, to use, manufacture, improve upon, and allow others to
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do so for all government purposes, any Invention developed under this
Agreement.
C. Copyright Policy
Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material ("Material") is developed
under this Agreement, the author or the CITY, at the CITY'S
discretion, may copyright the Material. If the CITY declines to
copyright the Material, the CITY shall have an unencumbered right,
and a non-exclusive, irrevocable, royalty- free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Material
developed under this Agreement or any Copyright purchased under
this Agreement.
3. SUB -RECIPIENT shall comply with all applicable requirements in the
Code of Federal Regulations related to copyrights and copyright
policy.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations_ Binding on Subcontractors
SUB -RECIPIENT shall require all subcontractors to comply with the obligations
of this section by incorporating the terms of this section into all subcontracts.
§416. Minority Women, And Other Business Enterprise Outreach Program
It is the policy of the CITY to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all SUB -RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub -Contractors.
2;
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V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should SUB -RECIPIENT fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§542. Amendments
Any change in the terms of this Agreement, including changes in the services to be
performed by SUB -RECIPIENT and any increase or decrease in the amount of
compensation which are agreed to by the CITY and SUB -RECIPIENT shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
SUB -RECIPIENT agrees to comply with all future CITY Directives, or any rules,
amendments or requirements promulgated by the CITY affecting this
Agreement.
24
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VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§662. Number of Pages and Attachments
This Agreement is executed in three (3) duplicate originals, each of which is
deemed to be an original. This Agreement includes twenty-six (26) pages and
three (3) Exhibits which constitute the entire understanding and agreement of the
parties.
?5
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IN WITNESS WHEREOF, the City and CITY OF NEWPORT BEACH have caused this
Agreement to be executed by their duly authorized representatives on the date first set
forth above.
CITY OF ANAHEIM, a municipal Corporation SUB-RECIPIENT.-
of
UB-RECIPIENT:of the State of California CITY OF NEWPORT BEACH,
a California municipal corporation
DUNS No. 06-4752482
By:
Jorge Cisneros
Chief of Police
ATTEST:
By:
Theresa Bass
Clerk of the Council
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:
Kristin Pelletier
Sr. Asst, City Attorney
3 (�
By:
Will O'Neill
Mayor
ATTEST:
By:
Leilani i. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OF ICE
By; P,
A C. Harp
CiVy Attorney
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EXHIBIT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required
to attest. Applicants should also review the instructions for certification included in the regulations before
completing this form. Signature of this form provides for compliance with certification requirements under
the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension
(Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance
will be placed when the Agency determines to award the covered transaction or cooperative agreement.
As required by Executive Order t2549, Debarment and Suspension, and implemented under the applicable
CFR, for prospective participants in covered transactions, as defined in the applicable CFR
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to
a denial of Federal benefits by a State or Federal court, 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 government entity
(Federal State or local) with commission of any of these offenses enumerated in paragraph (1)
(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions
(Federal, State or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, lie or she shall
attach an explanation to this application.
Address:
Authorized Agent Signature
Printed or Typed Name
Title
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INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to whom this agreement is entered, if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549,
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
B. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
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EXHIBIT B
CERTIFICATION REGARDING LOBBYING
Certification for Conlrag1j,Grants. Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
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, the undersigned shall complete and submit Standard Form LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
3. 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.
4. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not mare than $104,000 for each such failure.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
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EXHIBIT C
California Governor's Office of Emergency Services
FY2018 Grant Assurances
(All HSGP Appllcants)
As the duly authorized representative of the Applicant, 1 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 (N0FO);
(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 (CFR) and
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) 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.
(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.
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
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As required by Section 1352, Title 31 of the U.S. 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. §§9501-1508 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 CFR §200.212 and codified in 2 CFR 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:
(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 ordefault.
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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 Vl of the Civil Rights Act of 1964 (Public Law (P. L.) 88-352 and 42 U.S.C. §20004 et. seq.)
which prohibits discrimination an 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 he 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;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290), relating to confidentiality of patient
records regarding substance abusetreatment;
(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);
(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 ofgovernment contractors;
Q} 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
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Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment
because of ancestry, 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, andlor retaliation for
protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug-FreeWorkplace
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 orcounty 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 surfacewaters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary
and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy
Act 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 flood plains 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 Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j} 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 (Clean 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 sect.) 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;
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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 wilt 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 CFR §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.
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. Financia! Management
False Claims for Payment The Applicant will comply with 31 U.S.0 §3729 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 CFR part 25 Financial Assistance
Use of Universal Identifier and Central Contractor Registration and 2 CFR 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(8) 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
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(40 U.S.G. §§ 327-333), regarding labor standards forfederaIly-assisted construction contracts
or subcontracts.
(b) the Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of
institutes of higher learning (IHE), hospitals and othernon-profit organizations.
16. Workees Compensation
The Applicant must comply with provisions which require every employer to be insured to protect
workers who maybe injured on the job before commencing 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 Ill of the Uniform Relocation Assistance and meal
Property Ac uisition 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(x) 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.).
(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.
(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 orState.
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 a motor vehicle while using an electronic wireless communications
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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 calf 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 Rights Act, California Government Code section 5250 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.
HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES 1
CERTIFICATIONS
21. Re porting Accusations and Findings of Discri m i nation
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 OHS financial assistance office and the OHS Office of Civil
Rights and Civil Liberties (CRCL) by e-mail at crcI(@hg.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 event any court or administrative agency makes a finding of discrimination against the recipient,
or the recipient settles a case or matter afleging such discrimination, recipients must forward a copy
of the complaint and findings to the OHS Component financial assistance office and the CRCL office
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.
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 P I I they collect. Award recipients may also find
as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template
respectively.
25. Copyright
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All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 491 or 442 and an
acknowledgement of Government sponsorship (including award number) to any work first produced
under federal financial assistance awards.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 5291 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issued in
compliance with this Act.
27. 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 DMB Circular A-129.
28. 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.G. § 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
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1994, all recipients 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.G. § 2225a.
30. Non -supplanting Requirements
All Applicants who receive 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 Applicants who receive 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 Applicants must comply with Executive Order 13224 and U.S. law that prohibit transactions with,
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and the provisions of resources and support to, individuals and organizations associated with
terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative agreements, and procurement
contracts from all federal assistance office exceeds $10,000,000 for any period of time during the
period of performance of this federal award, the Applicant 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 mere by reference in
the terms and conditions of your award.
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.
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 cant'
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, including contracts under grants and cooperative agreements and subcontracts. All
recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2016,
Version 6.0, hereby incorporated by reference, which can be found at:
http://www.d hs. g ov/pub€ icationlfyl 5-dhs-sta nd a rd-te rms-and-co nditi ons.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the
said Applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
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