HomeMy WebLinkAbout2020-88 - Providing Written Authorization to the State of California Governor's Office of Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal Department of Homeland Security, Federal Emergency Management AgencyRESOLUTION NO. 2020-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, PROVIDING
WRITTEN AUTHORIZATION TO THE STATE OF
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY
SERVICES OF THE STANDARD ASSURANCES
REQUIRED TO APPLY FOR GRANTS FROM THE
FEDERAL DEPARTMENT OF HOMELAND SECURITY,
FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, the City Council of the City of Newport Beach ("City Council") desires
to designate and authorize certain officials as the City of Newport Beach's ("City") agents
for purposes of applying for and obtaining Emergency Management and Department of
Homeland Security Grants (hereinafter collectively referred to as "Eligible Grants");
WHEREAS, for all grants of thirty thousand dollars ($30,000) or more, City Council
Policy F-3 and F-25 generally requires that, prior to the acceptance of a grant, the City
Council and City Manager approve the terms and conditions of the grant, approve budget
appropriations for the grant expenditures and City matching expenditures, unless
previously appropriated through the budget adoption process, and approve and execute
the grant contracts;
WHEREAS, Council expenditure appropriation is required for all new
appropriations in excess of ten thousand dollars ($10,000) or as otherwise specified by
City Council Policy F-3 and F-25;
WHEREAS, the City regularly applies for Eligible Grants from the Federal
Department of Homeland Security, Federal Emergency Management Agency ("FEMA"),
which are administered by the State of California Governor's Office of Emergency
Services ("Cal OES");
WHEREAS, as part of all such applications for Eligible Grants, Cal OES requires
that the City submit written authorization from the City Council providing specific standard
assurances that the City Council, on behalf of the City, agrees: (a) to provide all matching
funds required for the project specified in the grant application and that any cash match
will be appropriated as required; (b) that any liability arising out of the performance of the
grant agreement shall be the responsibility of the City; (c) that grant funds shall not be
used to supplement expenditures controlled by the City Council; and (d) that the City
official executing the grant agreement is authorized to do so (collectively, the "Standard
Assurances");
Resolution No. 2020-88
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WHEREAS, the City's applications for Eligible Grants to Cal OES can be for
amounts under thirty thousand dollars ($30,000) and are therefore not required to be
brought to the City Council for approval;
WHEREAS, the City Council must still provide the Standard Assurances for each
such application for an Eligible Grant in order for the City to apply for such Eligible Grants;
WHEREAS, the purpose of this Resolution is for the City Council to provide written
authorization of the Standard Assurances to Cal OES for all applications of the City for
Eligible Grants not otherwise required to be approved by the City Council per Council
Policy F-3; and
WHEREAS, this Resolution is not intended to circumvent any requirement in City
Council Policy F-3 regarding all grants of thirty thousand dollars ($30,000) or more and
all new appropriations in excess of ten thousand dollars ($10,000) or as otherwise
specified by City Council Policy F-3.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby provide written authorization to Cal OES
that, for all Eligible Grants for which the City applies: (a) the City Council and City will
provide all matching funds required for the project specified in the grant application and
that any cash match will be appropriated as required; (b) that any liability arising out of
the performance of the grant agreement shall be the responsibility of the City; (c) that
grant funds shall not be used to supplement expenditures controlled by the City Council;
and (d) that the City Manager and/or Police Chief are hereby authorized to execute the
grant agreements on behalf of the City and take any actions necessary to implement such
grant agreements, including, but not limited to, agreeing to comply with the. Standard
Assurances, attached hereto as Exhibit 1.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Resolution No. 2020-88
Page 3 of 3
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of October, 2020.
VV 'Neil
Mayor
APPROVED AS TO FORM:
CITY A TORNEY'S OFFICE
-IL" C
Aaron t. Harp
City Attorney
Attachment: Exhibit 1 - Standard Assurances for All Cal OES Federal Grant Programs
Cal OES
EMERGENCY
OFFICE
OF
OF EMERGENGEN CY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of
the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to
all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are set forth below. The Applicant hereby agrees to comply
with the following:
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; and
(d) The official executing this agreement is, in fact, authorized to do so. j( NL
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Cal OES
OOVERHOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
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
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency
or requests or receives from an agency a commitment providing for the United
States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-
1508 and §§ 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with federal funds.
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Cal OES
00VERMOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law,
regulation or policy without the express written approval from the California
Governor's Office of Emergency Services (Cal OES) or the federal awarding
agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and
codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will
provide protection against waste, fraud, and abuse by debarring or suspending
those persons deemed irresponsible in their dealings with the federal government.
The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one
or more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination.
These include, but are not limited to, the following:
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OOVERMOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which
prohibits discrimination against those with disabilities or access and functional
needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability and requires buildings and structures be accessible to
those with disabilities and access and functional needs (42 U.S.C. §§ 12101-
12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented
by the Department of Housing and Urban Development at 24 C.F.R. Part
100. The prohibition on disability discrimination includes the requirement that
new multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in some sex marriages;
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Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(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;
(I) Any other nondiscrimination provisions in the specific statutes) under which
application for federal assistance is being made; and
(m)The requirements of any other nondiscrimination statute(s) which may apply to
the application.
In addition to the items listed in (a) through (m), the Applicant will comply with
California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment
and discrimination in employment because of ancestry, familial status, race,
color, religious creed (including religious dress and grooming practices), sex (which
includes pregnancy, childbirth, breastfeeding and medical conditions related to
pregnancy, childbirth or breastfeeding), gender, gender identity, gender
expression, sexual orientation, marital status, national origin, ancestry, mental and
physical disability, genetic information, medical condition, age, pregnancy, denial
of medical and family care leave, or pregnancy disability leave (California
Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these categories, or
for reporting patient abuse in tax supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),
the Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which
may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources
Code §§ 21000- 21177), to include coordination with the city or county
planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6,
Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of
the United States and regulating quality standards for surface waters;
r
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GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(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 (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials,
or services and each federal agency empowered to extend federal
assistance by way of grant, loan, or contract shall undertake such
procurement and assistance activities in a manner that will result in effective
enforcement of the Clean Air Act and the Federal Water Pollution Control Act
Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
Q) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§ 1451 et seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated
by the State Air Resources Board or an air pollution district; 2) subject to a cease
and desist order pursuant to § 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
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CalOEs
OOFFICE
OPF EMERGENCY
CY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance
audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of
the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency,
the Comptroller General of the United States and, if appropriate, the state,
through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733
which sets forth that no subrecipient, recipient, or subrecipient shall submit a false
claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $25,000 or more in federal funds and (b)
executive compensation data for first-tier subawards. This includes the provisions of
FFATA, which includes requirements for executive compensation, and also
requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25
Financial Assistance Use of Universal Identifier and Central Contractor Registration
and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation
Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
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Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Traffickinq
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: (1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation
laws set forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acauisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of federal or federally -assisted
programs. These requirements apply to all interests in real property
acquired for project purposes regardless of federal participation in purchase:
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
subrecipients in a special flood hazard area to participate in the program
and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more;
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Cat UES
OaE OFFICE
,
OF EMERGENCY
CY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§469a-1 et seq.); and
(e) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in
construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property
title or other interest in the site and facilities without permission and
instructions from the awarding agency. Will record the federal awarding
agency directives and will include a covenant in the title of real property
acquired in whole or in part with federal assistance funds to assure
nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications: and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and
such other information as may be required by the assistance awarding
agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
f
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Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of
applying for funding under this program, or provided in the course of an entity's
grant management activities that are under Federal control, is subject to the
Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public
Records Act, California Government Code section 6250 et seq. The Applicant
should consider these laws and consult its own State and local laws and regulations
regarding the release of information when reporting sensitive matters in the grant
application, needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG1-
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on
any basis the recipient must provide a list of all such proceedings, pending or
completed, including outcome and copies of settlement agreements to the DHS
Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties
(CRCL) by e-mail at CRCLCa-)ha.dhs.aov or by mail at U.S. Department of Homeland
Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190,
Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds
of race, color, national origin (including LEP), sex, age, disability, religion, or familial
status against the recipient, or the recipients settle a case or matter alleging such
discrimination, recipients must forward a copy of the complaint and findings to the
DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses
listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal funds.
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Cal OEs
OOYERNOR'S OFFICE
OF ENEROENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
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 PII they collect. Recipients may also find the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template a useful
resource respectively.
26. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402
and an acknowledgement of U.S. Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or
for other reasons. However, these prohibitions would not preclude recipients from
shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms
and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
28. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
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00YE OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
§ 40118) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision B-
138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all
Applicants must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
31. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the some purpose through non-
federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
2019 EMPG Standard Assurances Page 12 of 14 Initials ___
Cal OES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000
for any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which
is incorporated here by reference in the award terms and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
2019 EMPG Standard Assurances Page 13 of 14 Initials
Cal OES
OOVERNOR'5 OFFICE
OF ENEROENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that state financial assistance will be extended
based on the representations made in this assurance. This assurance is binding on
the Applicant, its successors, transferees, assignees, etc. Failure to comply with any
of the above assurances may result in suspension, termination, or reduction of grant
funds.
All appropriate documentation, as outlined above, must be maintained on file by
the Applicant and available for Cal OES or public scrutiny upon request. Failure to
comply with these requirements may result in suspension of payments under the grant
or termination of the grant or both and the subrecipient may be ineligible for award of
any future grants if the Cal OES determines that any of the following has occurred: (1)
the recipient has made false certification, or (2) violates the certification by failing to
carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department
of Homeland Security Standard Terms and Conditions 2018, version 8. 1, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publicafion/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant. (� ,1
Subrecipient: C��/ aT 0 ra��l . ,-7
Signature of Authorized Agent: -g1,11—
Cj
Printed Name of Authorized Agent:
Title: S . coror—'� Date: z -LI-Z o
2019 EMPG Standard Assurances Page 14 of 14 Initials
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-88, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 131h day of October, 2020; and the same was so passed and adopted
by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of October, 2020.
Leil i I. Brown
City Clerk
Newport Bq40?,RapWQLnia