HomeMy WebLinkAbout05 - Approval of the 2021 Urban Areas Security Initiative Grant Program Transfer AgreementQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
October 11, 2022
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. 2022-70: Approval of the 2021 Urban Areas Security
Initiative Grant Program Transfer Agreement
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 Santa Ana 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. 2022-69, 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 FY2021 Urban Areas
Security Initiative (UASI) Between the City of Santa Ana and the City of Newport
Beach; and
c) Authorize the City Manager to sign the agreement.
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 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.
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Resolution No. 2022-70: Approval of the 2021 Urban Areas Security Initiative
Grant Program Transfer Agreement
October 11, 2022
Page 2
In FY 2021, 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 Santa
Ana applied for, received, and accepted a $5,250,000 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 Santa Ana is
responsible for the management and administration of the UASI Grant Program, which 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 considers factors such as
critical infrastructure, population density, and credible threat information. Among other
densely populated areas, the City of Santa Ana was selected as the "core city" for the
Orange County Metropolitan Area, and is responsible for the management and
administration of the UASI Grant Program.
The FY 2021 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 (City) 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.
FISCAL IMPACT:
Adopting the attached resolution is the first step required in order to apply for funding
under the Santa Ana UASI grant. If the City is awarded a portion of the Santa Ana UASI
grant, staff will return to City Council when budget appropriations are necessary.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2022-70
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ATTACHMENT A
RESOLUTION NO. 2022 —70
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 FY2021 URBAN AREAS
SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF
SANTA ANA AND THE CITY OF NEWPORT BEACH
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 Santa Ana, acting through the Santa Ana Police
Department in its capacity as a "Core City" for the Anaheim/Santa Ana Urban Area under
the Fiscal Year 2021 UASI Grant Program, has applied for, received and accepted a
$5,250,000 grant ("Grant Funds") entitled "Fiscal Year 2021 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 Santa Ana is the administrator of the Fiscal Year 2021
UASI Grant Program and distribution of the Grant Funds. The City of Santa Ana 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 / Services or for Reimbursement of Training Costs for FY2021
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 Santa Ana 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:
Section 1: The City Council does hereby approve the Agreement between the
City of Santa Ana and the City, in the form attached hereto as Exhibit 1.
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Resolution No. 2022-
Page 2 of 3
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 Santa Ana, DHS, FEMA and / or Cal OES
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 12, 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. 2022-
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 resolution.
ADOPTED this 11th day of October, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
.ter ff.."
Aaron C. Harp
City Attorney
Attachment(s): Exhibit 1 —Transfer Agreement
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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
INTRODUCTION
Paqe
§101. Parties to the Agreement 6
§102. Representatives of the Parties and Service of Notices 6
§103. Independent Party 7
§104. Conditions Precedent to Execution of this Agreement 7
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TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Use of Grant Funds
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
IV
STANDARD PROVISIONS
11
§401.
Construction of Provisions and Titles Herein
12
§402.
Applicable Law, Interpretation and Enforcement
12
§403.
Integrated Agreement
12
§404.
Excusable Delays
12
§405.
Breach
13
§406.
Prohibition Against Assignment or Delegation
13
§407.
Permits
13
§408.
Bonds
13
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TABLE OF CONTENTS
Section Description
§409. Indemnification
§410. Conflict of Interest
§411. Restriction on Disclosures
§412. Statutes and Regulations Applicable to All Grant Contracts
§413. Federal, State, and Local Taxes
§414. Inventions, Patents and Copyrights
§415. MBE/WBE
V
DEFAULTS SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
§502. Amendments
V
ENTIRE AGREEMENT
§601. Complete Agreement
§602. Number of Pages and Attachments
Execution (Signature) Page
EXHIBITS
Exhibit A CalOES FY2021 Grant Assurances
Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility
Matters
Exhibit C Certification Regarding Lobbying
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13
15
15
26
26
28
29
29
30
30
31
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Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR
FOR REIMBURSEMENT OF TRAINING COSTS
FOR FY2021 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF SANTA ANA
AND CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this aday of i 20, and
between the CITY OF CITY OF SANTA ANA, a municipal cor oration (the "CITY"), and
CITY OF NEWPORT BEACH (the "SUB -RECIPIENT" or "Contractor").
WITNESSETH
WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity
as a Core City for the Anaheim/Santa Ana Urban Area under the FY2021 Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2021 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 (CalOES), 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 2021 Homeland Security Grant
Program (HSGP) Notice of Funding Opportunity (NOFO)"
https://www.fema.gov/sites/default/files/documents/FEMA FY2021-HSGP-NOFO 02-
19-21. pdf
California Office of Emergency Services "FY2021 Homeland Security Grant Program:
California Supplement to Federal Program Guidance and Application Kit"
https://www.caloes.ca.gov/wp-content/uploads/Grants/Documents/FY-2021-HSGP-State-
Supplement.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 SANTA ANA
("CITY") and is overseen by the California Governor's Office of Emergency Services
("CalOES"); 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
WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUX) consists of 34 cities in
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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 FY2021 UASI
Grant of $5,113,750 ("Grant Funds") to the CITY OF SANTA ANA, as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and the
Santa Ana 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 FY2021 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:
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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 20 Civic
Center Plaza, Santa Ana, CA 92702; and
B. CITY OF NEWPORT BEACH, a municipal corporation, 100 Civic
Center Drive, Newport Beach, CA 92660
§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 Santa Ana shall be, unless
otherwise stated in the Agreement:
Richard Weber, Commander
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA 92702
Phone: (714) 245-8730
rweber@santa-ana.org
2. The representative of CITY OF NEWPORT BEACH shall
be: Name:
Title:
Sub Recipient Name:
Sub Recipient Address:
City,
Phone:
E-mail:
State: Zip:
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
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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 SANTA ANA. No employee of SUB -
RECIPIENT is, or shall be an employee of the CITY OF SANTA ANA 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 SANTA ANA.
§104. Conditions Precedent to Execution of This Agreement
SUB -RECIPIENT shall provide copies of the following documents to the CITY
OF SANTA ANA, unless otherwise exempted.
A. Standard Assurances (Grant Assurances) in accordance with section
412A of this Agreement attached hereto as Exhibit A and made part
hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as
required by Executive Order 12549 in accordance with Section 412 of this
Agreement and attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with
Section 412C of this Agreement and attached hereto as Exhibit C 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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TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on 9/1 /2021 and end on 3/31 /2024 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 Santa Ana 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
FY2021 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 (AEL) 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-adopted standards to be eligible for
purchase using grant funds.
Any equipment acquired or obtained with Grant Funds:
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,
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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 200.313 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 $5,000 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.
6. 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 (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 (j) 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.
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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 identify a Point -of -Contact (POC) to be responsible
for all Equipment prior to the receipt of the item(s). POC will serve as the
custodian of the Equipment. SUB -RECIPIENT shall notify the CITY of any
change in the POC and assume the responsibility of advising the new
custodian of all UASI grant program guidelines and requirements.
12. SUB -RECIPIENT shall contact the ASAUA Grant Office priorto initiating the
disposition process. Disposal of equipment shall be conducted pursuant to
2 CFR Part 200.313. The ASAUA will contact the awarding agency for
disposition instructions, if necessary, prior to any action being taken.
E. Any training paid pursuant to this Agreement shall conform to the guidelines as
listed in FY2021 Homeland Security Grant Program, as set forth above. All
training expenses must be pre -authorized by CalOES. A catalogue of Grantor
approved and sponsored training courses is available at https://cdp.dhs.gov/.
F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY2021 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at https://www.fema.gov/emergencV-managers/national-
preparedness/exercises/hseep.
G. Any planning paid pursuant to this Agreement shall conform to the guidelines as
listed in FY2021 Homeland Security Grant Program, as set forth above.
H. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY2021 Homeland Security Grant Program, as set
forth above.
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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 Santa
Ana 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 Santa Ana 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 CalOES 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
§401. 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 Dela
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 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 party's reasonable control.
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§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.
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.
§409. Indemnification
To the fullest extent of the law, SUB -RECIPIENT agrees to indemnify, defend, and
hold harmless the City of Santa Ana, 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.
§410. 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
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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 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
and/or 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.
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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
Agreement.
H. The SUB -RECIPIENT covenants that no member, officer or employee of 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.
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".
§411. 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.).
§412. Statutes and Regulations Applicable To All Grant Contracts
A. 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 A. 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-RECIPI ENT shall indemnify and hold
harmless the CITY for any sums the Grantor determines SUB- RECIPIENT
used in violation of the Grant Assurances.
B. 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:
1. Office of Management and Budget (OMB) Circulars
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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 FY2021 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 2020-
0095; and identify the City of Santa Ana as the Pass -Through.
3. False Claims Act
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor's
actions pertaining to this contract.
4. 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 specified 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 CalOES, and after
final disposition of all 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.
The Contractor agrees to provide CITY OF NEWPORT BEACH,
the FEMA Administrator, the Comptroller General of the United States, or
any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed.
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The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the
work being completed under the contract.
In compliance with section 1225 of the Disaster Recovery Reform Act of
2018, the CITY OF NEWPORT BEACH and the Contractor acknowledge
and agree that no language in this contract is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of
the United States.
5. 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 thatthe terms of this Agreementwith 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.
a. Recovered Materials
SUB -RECIPIENT shall make maximum use of products containing
recovered materials that are EPA -designated items unless the product
cannot be acquired competitively within a timeframe providing for
compliance with the contract performance schedule; Meeting contract
performance requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA -designated
items, is available at EPA's Comprehensive Procurement Guidelines
webpage: https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpq-program.
The Contractor also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
b. Domestic Preference for Procurements
SUB -RECIPIENT should, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States. This includes, but is not limited
to iron, aluminum, steel, cement, and other manufactured products.
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For purposes of this clause:
Produced in the United States means, for iron and steel products, that
all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
Manufactured products mean items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer -based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
6. 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.S.C. §§290 dd-3 and 290 ee 3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (h) Title
VII I 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; (j) 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.
7. Equal Employment Opportunity
The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise
provided or exempted in 41 C.F.R. Part 60, the insertion of the following
contract clause: "During the performance of this contract, the contractor
agrees as follows:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation,
gender identity, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated
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during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of
such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or
is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
(6) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination
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clauses of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,
and such other
8. Davis -Bacon Act
If applicable per the standard described above, the NFE must include the
provisions at 29 C.F.R. § 5.5(a)(1)-(10) in full into all applicable contracts,
and all applicable contractors must include these provisions in full in any
subcontracts.
9. Copeland "Anti -Kickback" Act.
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which
are incorporated by reference into this contract.
Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
10. Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (b)(1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated
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damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed
in violation of the clause set forth in paragraph (b)(1) of this section, in the
sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph
(b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The CITY OF
NEWPORT BEACH shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other federal
contract with the same prime contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (b)(1) through (4) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (b)(1) through (4) of this section.
11. Environmental Standards
a. Clean Air Act
The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
The contractor agrees to report each violation to the CITY OF NEWPORT
BEACH and understands and agrees that the CITY OF NEWPORT BEACH
will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency (FEMA), and the appropriate
Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with federal
assistance provided by FEMA.
b. Federal Water Pollution Control Act (33 USC 1251)
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The contractor agrees to comply with all applicable standards, orders,
or regulations issued pursuant to the federal Water Pollution Control Act,
as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the CITY OF NEWPORT
BEACH and understands and agrees that the CITY OF NEWPORT BEACH
will, in turn, report each violation as required to assure notification to the
CITY OF NEWPORT BEACH, Federal Emergency Management Agency
(FEMA), and the appropriate Environmental Protection Agency Regional
Office.
The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with federal
assistance provided by FEMA.
12. Telecommunications
(a) Definitions. As used in this clause, the terms backhaul; covered foreign
country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential
component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2
C.F.R. § 200.216 prohibit the head of an executive agency on or after
Aug.13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national
security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the
contractor and its subcontractors may not use grant, cooperative
agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of
any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any
system;
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(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part
of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or
other contractual instrument, any equipment, system, or service that
uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such
as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect
user data traffic or permit visibility into any user data or
packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not
apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of
any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not
considered covered telecommunications equipment or
services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications
equipment or services used as a substantial or essential component
of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a
subcontractor at any tier or by any other source, the contractor shall
report the information in paragraph (d)(2) of this clause to the
recipient or subrecipient, unless elsewhere in this contract are
established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to
paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if
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applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE)
code (if known); brand; model number (original equipment
manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information
about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in
paragraph (d)(2)(i) of this clause: Any further available
information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the
efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional
efforts that will be incorporated to prevent future use or
submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause,
including this paragraph (e), in all subcontracts and other contractual
instruments.
C. Statutes and Regulations Applicable To This Particular Grant
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 200; 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 2020 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 30, 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
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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 69, 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, 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.0 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. Debarment and Suspension
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2
C.F.R. Part 3000. As such, the contractor is required to verify that none of the
contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R.
Part 3000, subpart C, and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by CITY OF
NEWPORT BEACH. If it is later determined that the contractor did not comply
with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition
to remedies available to CITY OF NEWPORT BEACH, the federal government
may pursue available remedies, including but not limited to suspension and/or
debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part
180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
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or proposer further agrees to include a provision requiring such compliance in
its lower tier covered transactions.
4. Byrd Anti -Lobbying Amendment
Contractors who apply or bid for an award of more than $100,000 shall file the
required certification. Each tier certifies to the tier above that it will not and has
not used federally appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, officer or employee of Congress, or an employee of a
Member of Congress in connection with obtaining any federal contract, grant,
or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose
any lobbying with non-federal funds that takes place in connection with
obtaining any federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the federal
awarding agency.
5. Noncompliance
SUB -RECIPIENT understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant funds,
and repayment by SUB -RECIPIENT to CITY of any unlawful expenditures.
§413. 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.
§414. 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 whetherto 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 200, 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
2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987
Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB -RECIPIENT hereby
agrees to be bound by the Policy, and will contractually require its personnel to
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be bound by the Policy.
B. Rights 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
do so for all government purposes, any Invention developed under this
Agreement.
C. Copyright Policy
1. 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.
4. License and Delivery of Works Subject to Copyright and Data Rights. The
Contractor grants to the CITY OF NEWPORT BEACH, a paid -up, royalty -free,
nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use,
including prepare derivative works, distribute copies to the public, and
perform publicly and display publicly such data. For data required by the
contract but not first produced in the performance of this contract, the
Contractor will identify such data and grant to the CITY OF NEWPORT BEACH
or acquires on its behalf a license of the same scope as for data first
produced in the performance of this contract. Data, as used herein, shall
include any work subject to copyright under 17 U.S.C. § 102, for example,
any written reports or literary works, software and/or source code, music,
choreography, pictures or images, graphics, sculptures, videos, motion
pictures or other audiovisual works, sound and/or video recordings, and
architectural works. Upon or before the completion of this contract, the
Contractor will deliver to the CITY OF NEWPORT BEACH data first produced in
the performance of this contract and data required by the contract but not
first produced in the performance of this contract in formats acceptable by
the CITY OF NEWPORT BEACH.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to any
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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.
F. No Obligation by Federal Government
The federal government is not a party to this contract and is not subject to any
obligations or liabilities to the non-federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
§415. 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.
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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.
§502. 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.
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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.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty-one (31) pages and
three (3) Exhibits which constitute the entire understanding and agreement of
the parties.
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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.
ATTEST:
Clerk of the Council
RECOMMENDED FOR APPROVAL:
By:
David Valentin
Chief of Police
APP OVED AS TO ORM:
Tamara Bogosian
Senior Assistant City Attorney
CITY OF SANTA ANA, a municipal Corporation
of the State of California
By:
Kristine Ridge
City Manager
SUB -RECIPIENT
CITY OF NEWPORT BEACH
DUNS # 06-0752482
By:
Printed Name
Title
APPROVED AS TO FORM
By:
Printed Name
Title Leo"r
Cr 2:V tiz
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EXHIBIT A
California Governor's Office of Emergency Services
FY2021 Grant Assurances
(All HSGP Applicants)
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/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority 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) Applicant is authorized by the city council, governing board, or authorized body to apply
for federal assistance, and the institutional, managerial and financial capability
(including funds sufficient to pay the non-federal share of project cost, if any) to ensure
proper planning, management and completion of the project described in this
application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
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2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to
perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering
into a contract, grant, loan, or cooperative agreement from an agency or requests or receives
from an agency a commitment providing for the United States to insure or guarantee a loan, the
Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§
7324-7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support
the enactment, repeal, modification or adoption of any law, regulation or policy without the
express written approval from the California Governor's Office of Emergency Services (Cal
OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2
C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against
waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in
their dealings with the federal government. The Applicant certifies that it and its principals,
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
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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 state and federal statutes relating to non-discrimination,
including:
(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 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and structures
be accessible to those with disabilities and access and functional needs;
(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. Part100. 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;
Q) California Public Contract Code § 10295.3, which prohibits discrimination based on
domestic partnerships and those in same sex marriages;
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(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) California's Fair Employment and Housing Act (FEHA) (California Government Code
§§12940, 12945, 12945.2), as applicable. 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, 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;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
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, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§
21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§
15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the United
States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from
stationary and mobile sources;
(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);
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(k) Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State
Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant
to § 13301 of the California Water Code for violation of waste discharge requirements or
discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water
pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant
will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200,
Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.337, 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 the Applicant's 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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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients
or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the
award is in effect; (2) procuring a commercial sex act during the period of time that the award
is in effect; (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 Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair
and equitable treatment of persons displaced or whose property is acquired as a result
of federal or federally -assisted programs. These requirements apply to all interests in
real property acquired for project purposes regardless of federal participation in
purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
(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
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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.
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.
HOMELAND SECURITY GRANT PROGRAM (HSGP) —
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. 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.
22. 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.
23. 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.
24. 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.
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25. 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.
26. 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.
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 OMB 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.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.
29. 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.
30. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that
prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that
have been budgeted for the same purpose through non- federal sources.
31. 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.
32. 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.
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33. 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.
34. 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.
35. 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.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using
the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials,
including use of the United States Coast Guard seal, logo, crests or reproductions of flags or
likenesses of Coast Guard officials.
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and
all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and
agrees that state financial assistance will be extended based on the representations made in this
assurance. This assurance is binding on the Applicant, its successors, transferees, assignees,
etc. Failure to comply with any of the above assurances may result in suspension, termination, or
reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and
available for Cal OES or public scrutiny upon request. Failure to comply with these requirements
may result in suspension of payments under the grant or termination of the grant or both and the
subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of
the following has occurred: (1) the recipient has made false certification, or (2) violates the
certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for
all subawards at all tiers. All recipients are bound by the Department of Homeland Security
Standard Terms and Conditions 2021 ,Version 11.4, hereby incorporated by reference, which can
be found at: https://www.dhs.gov/publication/fyl5-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.
Subrecipient:_ CITY OF NEWPORT BEACH
Signature of Authorized Agent:
Printed Name of Authorized Agent: Grace K. Leung
Title: City Manager Date:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: q1A?12*2z
BY: Z55 G t�r✓
Aaron C. Harp, City Attorney
da.za;1,1
QL►I-
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EXHIBIT B
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 deter ines to award the covered transaction or cooperative agreement.
As required by Executive Order 12549, 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, he or she shall
attach an explanation to this application.
Address:
City of Newport Beach
Authorized Agent Signature
Grace K. Leung 100 Civic Center Dr.
Printed or Typed Name
City Manager
Title
Newport Beach, CA 92660
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:
By:
C. Harp, City Attorney oq,L1-11- 5-48
NS 13MIONS FOR CERTIFICATIQN
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.
5. 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 Pro rq ams.
8. 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 C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts. 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 more than $100,000 for each such failure.
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Subrecipient
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
AGREEMENT NUMBER:
City of Newport Beach
CONTRACTOR/BORROWER/AGENCY
Grace K. Leung, City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: i la 7/702 2
By: erz�o
Aaron C. Harp, City Attorney
oq.ti
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