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Home My WebLink About07 - FY 12 UASI Grant�EW�Rr CITY OF NEWPORT BEACH 'CIFOR City Council Staff Report Agenda Item No. 7 March 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott L. Poster, Fire Chief 949 - 644 -3101, sposter @nbfd.net PREPARED BY: Jeff Boyles, Fire Training Battalion Chief APPROVED: TITLE: Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer Agreement and Training Funds ABSTRACT: The Urban Area Security Initiative (UASI) Grant Program is designed to address the unique planning, equipment, training and exercise needs of high- threat, high density Urban Areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. Under the Homeland Security Grant Program (HSGP) the cities of Anaheim and Santa Ana were selected as core cities for the Orange County Metropolitan Area and are responsible for the management and administration of the UASI Grant Program. RECOMMENDATION: 1. Adopt Resolution No. 2013- 20 approving the Transfer Agreement for Fiscal Year 2012 UASI Grant Program purposes ( "Transfer Agreement ") and authorizing the City Manager and the Fire Training Battalion Chief to act as the "Authorized Agents" to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security and sub - granted through the California Emergency Management Agency. 2. Accept the 2012 UASI Grant Fund Training Allocation in the amount of $51,004 to be utilized for reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel. The City of Anaheim UASI has divided up the training allocation between the Fire and Police Departments. The amount of $22,961 has been designated for City of Newport Beach's (City) Fire Department personnel, and $28,043 for the City's Police Department personnel. Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer Agreement and Training Funds March 12, 2013 Page 2 3. City Council approve a Budget Amendment 13BA- 35 increasing revenue estimates by $22,961 in Budget Account Number 2335 -486E and by $28,043 in Budget Account Number 1820 -486E; and increasing expenditure appropriations by $22,961 in CIP Account Number 7014- C8002032 and by $28,043 in CIP Account Number 7014- C8002033. FUNDING REQUIREMENTS: The UASI grant provided the below estimated value of the training that will be delivered to the City's first responders. Regional Training Program Terrorism Liaison Officer (TLO) Training Program Police Department: $16,230 Police Department: $11,813 Fire Department: $13,289 Fire Department: $9,672 DISCUSSION: The UASI Grant Program was authorized by Congress in 2003, and implemented by the DHS to help strengthen the nation against risks associated with potential terrorist attacks. The UASI Grant Program is designed to address the unique planning, equipment, training and exercise needs of high- threat, high density urban areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. The urban areas are chosen by DHS based on a formula that takes into account factors such as critical infrastructure, population density, and credible threat information. Among other densely populated areas, the cities of Santa Ana and Anaheim were selected as core cities for the Orange County Metropolitan Area. They were jointly awarded approximately $4.5 million in Fiscal Year 2012 and are responsible for the management and administration of the UASI Grant Program. FY 12 UASI Grant Program Priorities • Advance "Whole Community' Security and Emergency Management • Collaboration with Nonprofit Organizations • Consolidation of Law Enforcement Terrorism Prevention Activities The City of Newport Beach is considered an urban area sub - recipient under this Grant Program. Once the Transfer Agreement is approved, the City is eligible to receive equipment and training funding for fire, police and city personnel that have Emergency Operations Center (EOC) responsibilities. The training funds will reimburse the City for any training costs incurred such as tuition, overtime, backfill, and travel expenses for approved training courses. No matching funds are required to accept this grant. Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer Agreement and Training Funds March 12, 2013 Page 3 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). Submitted by: Scott L. Poster Fire Chief Attachments: A. Notification of Sub - Recipient Award Letter dated January 16, 2013 B. Resolution No. 2013 - C. Transfer Agreement D. Budget Amendment ATTACHMENT A City of Anaheim POLICE DEPARTMENT \i• jC. ' ll y \ January 1G, 20 +; Dave Kiff, City klimager Cllyof Ne %vymrt Beach 3300 Newport Beach. SLAFng B N� *.vport Bela . CA 92&G3 SUBJECT: NoUrcalion of Sub- Redpfent Award FYI= U,ban Area Security InitiaLk -e (UASI)Ce,^.nt Progr` m Giant ?tuu s'_ -uuul, crDAe9 /.u8/ Sub- RecTV.ent Performance Pcdod: January ifi, 2013 to tviarch 31, 22014 Requesting Arrisdictiom City of flewport eeach Projecs Ili -UASI Regional-Framing,Program s:9,518.6u )x -Te rism Liaison Offrrer(TLO)Proy2rn S?1,485377 Total Award: s51,004-1113 Dew Dear Mr. Kill. This letter seivesto infann you that the 0y of Newport Beach has been appryred far grant funded trn5tfog under the rlanla Llrban Areal. Security Inklative (UASI)Gnmt Program. 11]e Anahefml5mxa Ana uASI reu:gntzes tE10 IrnpOrance cf tralnhag and 1yN. continue to provide funding for regional. trainh:g. "I'lie FY09 UASI Grant Program served as the, transition to a more centralized approach to tralnfagwhern a focused core curriculum of courses was established for first respunders fn the urban area. This regional conceptfs heng utilized uncle; the R "Eo ariL'• FY91 LIlt51 Aegl0ltal'Imfning I'rwgl'anl anrf tvlll COfIL611cJ2 with FYs) UASI Reglonal Tralofnif Program. Leaders Irwin cUCh Jurfs <Iiction are collaborating, on the planning and estahlishmentol core tralr log far f ivir respertive d1sdplfne5 to ensure the needs of the region are met at every level. ht addition, file City of Newport Beach will receive funds Eer'l error6in Liaison Officer (1'L0). Trahring. ilic Orange Caurayin ;ellfgencc A55eSSmerd Center (OCIAC)'RO Prograri provider Baslc, lntemledfate, and Arlvanced TLO Coupes. 'rnr program is looidng to increase its number of partlelpaLing 1LOs wllh the funds allocated under the M2 UASI Grant Program. Ps 3i• S The InIorrnatlon below is being provided as an csfllmated value of t.lte tm;nl o that will be delivered to the first responders in your agency. It Is being provided `or your City's respective Internzl Ihldgetary needs only and does not reflec; a dfrec: allorw1an as in tiro past. Regional Training Program PoilreDepmmenl: St6,:29.82 Fre Depanmen : st3,a-H8.8.1 770 i rininp P.. gram Po!ire Department 511,812.99 Fre Department: S9,672,38 As outlined in the FY17 Sub - Recipient Gran: Guidance, r0mbursement requests are ;o be submitted to the UASi Cmnt0 icew: a quarterly basis. Th'swill allowforbetter grant Management and t6nely, reimbursements. Final Training Relrnhumement Requms are due no later that: DecembEr 31;013. 11 you have any questions re;arding ;hPs letter, please feel lrcc to contact I ASI C.ranl Coordinator 5gi. Darrvs Lee at (7tq)765-3833 or da r4n!ec(alan heLn.net. Sincerely, Dave Vnngsness, tleuimnant Finahelm Police Department L ATTACHMENT B RESOLUTION NO. 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER AGREEMENT FOR FISCAL YEAR 2012 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM PURPOSES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF ANAHEIM AND AUTHORIZING THE CITY MANAGER AND THE FIRE TRAINING BATTALION CHIEF TO ACT AS THE "AUTHORIZED AGENTS" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS NECESSARY TO IMPLEMENT THE TRANSFER AGREEMENT AND OBTAIN FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB - GRANTED THROUGH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY. WHEREAS, the City of Newport Beach ( "City ") has partnered with the cities of Anaheim and Santa Ana to participate in the Fiscal Year 2012 Urban Area Security Initiative (UASI) Grant Program. The City will request equipment and training under this grant that will be used for the public safety of its citizens. WHEREAS, the City of Anaheim is the administrator of the Fiscal Year 2012 UASI Grant Program. The City is required to sign a Transfer Agreement and the California Emergency Management Agency Grant Assurances. The City of Anaheim requires the naming of two authorized agents from within the City to sign these documents on behalf of the City. NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City of Newport Beach: Section 1: Approve the Transfer Agreement for Fiscal Year 2012 UASI Grant Program purposes ( "Transfer Agreement') between the City and the City of Anaheim attached hereto as Exhibit 1. Section 2: Authorize the City Manager and the Fire Training Battalion Chief to act as the "Authorized Agents" to execute on behalf of the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by IF the Federal Department of Homeland Security and sub - granted through the State of California Emergency Management Agency. Section 3: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. Adopted this 12th day of March, 2013. MAYOR ATTEST: CITY CLERK `� ATTACHMENT C 10 AGREEMENT SUB - RECIPIENT: CITY OF NEWPORT BEACH City Contract Number TABLE OF CONTENTS Section Description Pape §101. Parties to the Agreement §102. Representatives of the Parties and Service of Notices §103. Independent Party §104. Conditions Precedent to Execution of this Agreement II TERM AND SERVICES TO BE PROVIDED §201. Time of Performance §202. Use of Grant Funds II PAYMENT §301. Payment of Grant Funds and Method of Payment IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 9 §402. Applicable Law. Interpretation and Enforcement 9 §403. Integrated Agreement 9 §404. Excusable Delays 9 §405. Breach 10 §406. Prohibition Against Assignment or Delegation 10 §407. Permits 10 §408. Non Discrimination and Affirmative Action 10 §409. Bonds 11 110- TABLE OF CONTENTS Section Description page §410. Indemru'ficallan 11 §411. Con0ld of interest 11 §412. Restriction on Disclosures 13 §413. Statutes and Regulations Applicable to All Grant Contracts 13 §414. Federal, State, and Local Taxes 20 §415. Inventions, Patents and Copyrights 20 §416. 618EMBE 22 V DEFAULTS. SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults 23 §502. Amendments 23 V ENTIRE AGREEMENT §601. Complete Agreement 24 §602. Number of Pages and Attachments 24 Execution (Signature) Page 25 EXHIBITS Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit B Certification Regarding Lobbying Exhibit C Grant Assurances Ifl 13 Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2012 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF ANAHEIM' AND CITY OF NEWPORT BEACH THIS AGREEMENT Is made and entered into this 16th day of January, 2013, by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY, and CITY OF NEWPORT BEACH (the "SUB- RECIPIENT" cr "Contracto . WITNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY12 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2012 Urban Areas Security Initiative" from the federal Department Of Homeland Secwity(DHS) Federal Emergency Management Agency (FEMA), through the State of California Emergency Management Agency (CalEMA), to enhance countywide emergency preparedness (the " granl'), 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 2012 Homeland Security Grant Program (HSGP) Funding Opportunity Announcement (FDA)" htto:// www. fcma. tlov /odf /govemment/umntt2012 /Fvl2 hsen foa.odr California Emergency Management Agency "FY2012 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application Kit' Copies of the grant guidelines shall be retained In the Anaheim /Santa Ana Grant Office. WHEREAS, this financial assistance Is administered by the CITY OF ANAHEIM ('CITY') and is overseen by the California Emergency Management Agency ("Cal - EMA "); 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 1 `f WHEREAS, the AnaheimfSanta Ana Urban Area ("ASAUA) consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, including the unincorporated area of 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 FY12 UASI Grant of 53,697,738 ("Grant Fundsj to the CITY OF ANAHEIM, as a Core City, for use In the ASAUA; and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Bureau ("UASI Grant Office') to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY12 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 City Manager which authorizes the CITY to prepare and execute the Agreement NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 16- §101. Parties to the Agreement The par0es to this Agreement are: A. The CITY, a municipal corporation, having Its principal office at 8201 East Santa Ana Canyon Road. Anaheim. CA 92808; and B. CITY OF NEWPORT BEACH, a municipal corporation, 3300 Newport Beach. Building B, Newport Beach, CA 92663 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Anaheim shall be, unless otherwise slated in the Agreement: Dave Vangsness, Lieutenant Anaheim Police Department Emergency Management Bureau 425 South Harbor Boulevard Anaheim, CA. 92805 Phone: (714) 765 -3879 Fez (714) 765-3805 dvangsness@anaheim.net 2. The representative of CITY OF NEWPORT BEACH shall be: Katie Eing, Emergency Services Coordinator CITY OF NEWPORT BEACH 3300 Newport Beach, Building B, Newport Beach, CA 92653 Phone: (949) 644 -3109 E-mail: keing@nbfd.net )G 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 mall, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mail ng- C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, In accord with this section, within five (5) business days of said change. §103. Independent Party SUB - RECIPIENT is acting hereunder as an Independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB - RECIPIENT Is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB - RECIPIENT shall so inform each employee organization and each employee who Is hired or retained under this Agreement SU"ECIPIEN i shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. Conditions Precedent to Execution of This Agreement SUB - RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. Grant Assurances in accordance with section 415C of this Agreement attached hereto as Exhibit C and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 In accordance with Section 415Al2 of this Agreement and attached hereto as Exhibit A and made a part hereof. C. Certifications and Disclosures Regarding Lobbying In accordance with Section 415C of this Agreement and attached hereto as Exhibit B and made a part hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the Information contained In any Disclosure Form previously filed by SUB - RECIPIENT. li u TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on January 9, 2013 and end on March 31, 2014 or upon the final disbursement of all of the Grant Amount (as defined In Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term Is subject to the provisions herein. §202. Use of Grant Funds A. CITY may, a) transfer to SUB- RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse. SUB- RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB- RECIPIENT by CITY. If additional copies of the document are needed, SUB - RECIPIENT may contact the Anaheim Grant Coordinator and It will be provided. B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be In the form requested by the CITY, and shall be provided in a timely manner. B. The Authorized Equipment List (AEL) Is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at hNos:11www.rkb.us, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the AnaheimfSanta 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 beellgible for purchase using grant funds. SUB - RECIPIENT shall provide the CITY a copy of its most currant procurement guidelines and follow its own procurement requirements as tong as they meet the minimum federal requirements. Federal procurement requirements for the FY 12 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 225 "Cost Principles for State; Local, and Indian Tribal Govemments" and 44 CFR Part 13 *Un0orm Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 15 Any equipment acquired or obtained with Grant Funds: 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement In consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencios within the jurisdiction of the applicant 2. Shall be consistent with needs as Identlned 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, and deployed In conformance with those plans; 3. Shall be made avallable 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 Callfomla Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 44 CFR Part 13.32 and 13.33 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. Items costing less than $5,000, but falling Into the following categories are also considered Equipment: (1)elecbonics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment. Including farslmfle machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers; 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. Shag 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 shag be given to other programs or projects supported by the awarding agency. 7. Shall be recorded on a ledger. This record must be updated bi- annually and forwarded to the City. The record shall include: (a) 16/ description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other IderdiGcatien number, (d) the source of acquisition of the Equipment, Including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment In good running order, and (h) location and condition of Equipment. Records must be retained pursuant to 44 C.F.R. Part 13.42, and Office of G &T. 8. All equipment obtained under this Agreement shall have an ASAUA Identification decal affixed to ft. 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 year. Inventory shag also be taken prior to any UASI, State or Federal monitor visits. 10. SUB - RECIPIENT shag exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shag 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. D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as set forth above. All training expenses must be pre- authorized by Cal -EMA at htlpJAwnv .grstrespondertraining.govladmin. A catalogue of Grantor approved and sponsored training courses Is available at http: //v ww .fiirstrespondertraining.gov /odp #ebforrns. E. Any exerdse paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as sot forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance Is available at htlpJ /hseep.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as set forth above. G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed In FY 2012 Homeland Security Grant Program, as sot forth above. �9-o 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 SUBRECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CifY 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 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 ray contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described In Section 202 above. B. SUB - RECIPIENT shall provide quarterly Invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures (attached hereto as Exhibit D) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted electronically at htlpsJ138.184.19al. 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 CaIEMA tracking number has been assigned to the course, 8mesheets 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 Mal Involce 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 avaliablllly to the CITY of federal funds for this program. The Agreement may be tennlnated Immediately upon written notice to SUB - RECIPIENT of a loss or reduction of federal grant funds. AI IV STANDARD PROVISIONS §401. Construction of Provision and Tilles Herein Ali 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- reclplant" herein and in any amendments hereto Includes the party or parties identified in this Agreement. The singular shah Include the plural. If there Is more than one Sub - recipient as identified herein, unless expressly stated otherwise, their obligations and fiabrTdles hereunder shag be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law. Intemretatlon and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United Slates of America, the Slate of California, and the CITY. This Agreement shall be enforced and Interpreted under the laws of the Stale of California and the CRY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or In conflict with any k-w 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. 5404. Excusable Palays 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 rmg of State or Local Government in ellher sovereign or contractual capaGty, fires; goods, 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 ads or emissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, In whole or In part, any promise, covenant, or agreement set forth herein, or should any representation made by It be untrue, any aggrieved party may avail Itself of all rights and remedies, at law or equity, In the courts of law. Said rights and remedies are cumulative of those provided for herein except that In no event shall any party recover more than once, suffer a .penally orforfetture, 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- RECIPIENTperformance hereunder and shall pay any fees inquired therefore. SUB - RECIPIENT further cerfifles to immediately notify the CITY of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action SUB - RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Agreement, SUB - RECIPIENT shall not discriminate In is employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condtlon. SUB - RECIPIENT shall comply with Executive Order 11246, entitled `Equal Employment Opportunity,' as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). le '25 If required, SUB - RECIPIENT shelf submit an Equal Employment Opportunity Plan (EEOP ') to the DOJ Once of Civil Rights ('OCR*) in accordance with guidelines listed at http:/ A %ww.ojp.usdoj.govtocrteeop.htm. Any subcontract entered Into by the SUB- RICIPIENT relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Bonds SUB- RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. §410. Indemnification To the fullest extent of the law, SUB - RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, Its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB - RECIPIENTS acts, errors or omissions in the performance of SUB - RECIPIENT'S services or use of grant funds under the terms of this Agreement. §411. Conflict of Interest A. SUB - RECIPIENT covenants that none of Its directors, officers, employees, or agents shall participate In selecting, or administrating any subcontract supported (in whole or In part) by Federal funds where such person Is a director, officer, employee or agent of the subcontractor, or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for thenselvas or others such as family business, etc.; or where such person knows or should have known that 1. A member of such persons 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 Coda §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. nF 2. The lerm'financlal or other Interest' Includes but is not Itmfted to: a. Any direct or Indired financial Interest in the specific contract, including a commiisslon 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 orothor 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 dbedors or governing body. C. The SUB - RECIPIENT further covenants that no officer, director, employee, or agent shag 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 wlthln a one year period following the termination of the relationship between said person and the Contractor. E. Prior to obtaining the CITY S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or Indirect, of the SUB - RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB - RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB - RECIPIENT warrants that It has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this 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 hisfher tenure as such employee, member or officer or for one year thereafter. I. The SUB-RECIPIENT shall Incorporate the foregoing subsections of this Section Into ovary 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 °Subcontredorp. 12 r §412. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the Callfo.rda Public Records Act (California Government Code Sec. 6250, et seq.). §413. Statutes and Reaulat ans Aoolicable To All Grant Contracts A. SUB - RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB - RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB- RECIPIENT shag comply with stale 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 (OMBI Circulars SUB - RECIPIENT shall comply with OMB Circulars, as applicable: OMB Ci cularA -87 (Cost Principles for Slate, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225); OMB Circular A- 102 (Grants and Cooperative Agreements with State and Local Governments, found In 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to Stale and Local Governments"); OMB Circular A -133 (Audits of States, Local Governments, and Non -Profit Organizations. 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.; and any administrative regulation or field memos implementing the Act. When reporting under on the FY12 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 2012 - 00123; and Identify the City of Anaheim as the Pass- Through. 3. Americans with Disabilities Aet SUB - RECIPIENT hereby certifies that It will comply with the Americans with Disabllitles Act, 42 USC §§ 12101, et seq., and its implementing regulations. SUB - RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in Its programs, services and activities in accordance with the provisions of the Americans with 13 (0 Disabllitios Act. SUB - RECIPIENT will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person With a disability. Any subcontract entered Into by the SUB - RECIPIENT, relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited None of the funds; materials, property or services provided directly or Indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement provides for more than $100,000 In grant funds or more than $150,000 in loan funds, SUB- RECIPIENT shall submit to the CITY a Certification Regarding Lobbying and a Disclosure Form. If required, In accordance with 31 USC §1352. A copy of the Certificate is attached hereto as Exhibit B. No funds will be released to SUB - RECIPIENT until the Certification is filed. SUB - RECIPIENT shall Sae a Disclosure Form at the end of each calendar quarter In which there occurs any event requiring disclosure or which materially affects the accuracy of any of the Information contained In any Disclosure Form previously filed by SUB - RECIPIENT. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub - awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At any time during normal business hours and as often as the CITY, Iha U.S. Comptroller General, and /or the Auditor General of the State of California may deem necessary, SUB- RECIPIENT shall make available for examination all of its records with respect to all matters covered by this Agreement. The CITY, the U.S. Comptroller General and/or the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, Including SUB - RECIPIENT'S invoices, materials, payrolls, records of personnel, conditions of employment . and other data relating to all matters covered by this Agreement. SUB - RECIPIENT agrees to provide any reports requested by the CITY regarding performance of the Agreement. 14 '? -7 6. Records Melatenance Records, In their original form, shall be maintained In accordance with requirements prescribed by the CITY with respect to all matters covered on fie 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 termination of this Agreement 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. contractsand Procurement SUB- RECIPIENT shall comply with the federal and SUB - RECIPIENT standards In the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. SUB - RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated Into all Subcontractor Agreements. The SUB - RECIPIENT shall submit all Subcontractor Agreements to tho 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 end conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor SUB - RECIPIENT shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728 -4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specfed in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R. 900, Subpart F). SUB - RECIPIENT shall comply, as applicable, with the provisions of the Davis -Bacon Act i40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §2761 and 18 U.S.C. §874), the Contract Work Hours and Safe Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction sub - agreements, and the Hatch Act (5 USC § §1501 -1 508 and 7324 - 7328). SUB - RECIPIENT shall comply with the Federal Fair Labor Standards Is a Act (29 USC §201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645, et seq. 9. CAnl Righ s SUB - RECIPIENT shall comply with all Federal statutes relating to ncndiscrimtnation. These include but are not invited 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. § §8101 - 8107), 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) Tdle VIII of lho 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 statutes) under which application for Federal assistance Is being made; 0) the requirements of any other nondiscrimination statule(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects Involved in research, development, and related activities supported by this award of assistance. 10. Environmental SUB - RECIPIENT shall comply, or has already compiled, with the requirements of T Iles 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 properly acquired for project purposes regardless of Federal participation in purchases. SUB - RECIPIENT shall comply with environmental standards which may be prescribed pursuant to the following: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1959 (P.L. 91 -190) and Fxearilve Order (EO)11514; (b) notification of violating facilities pursuant to 16 :21 EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards In floodplains in accordance with EO 11988; (a) assurance of project conslstency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451, at seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Glean Air Act of 1955, as amended (42 U.S.C. § §7401, at seq.); (g) protection of underground sources of drinking water underlhe Safe Drinking Water Act of 1974, as amended (P.L.. 93.523); (h) protection of endangered spades under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a)(P;L.93 -234). SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271, et seq.) related to protecting components or potential components of the national wild and scenic rivers system. SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801, et seq.) which prohibits the use of lead- based paint In construction or rehabilitation of residence structures. SUB - RECIPIENT shall complywilh the Federal Water Pollution Control Act (33 U.S.C. § 1251, at seq.) which restores and maintains the chemical, physical and biological Integrity of the Nation's waters. SUB - RECIPIENT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities Indicating, that a facility to be used In the project Is under consideration for listing by the EPA. By signing this Agreement, SUB- RECIPIENT ensures that it Is in compliance with the California Environmental Quality Act (CEQA),. Public Resources Code §21000, et seq. and is not impaoting the environment negatively. SUB - RECIPIENT shall comply with the Energy Policy and Conservation Act (P.L. 94-163.89 Stat 871). SUB - RECIPIENT shall comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 16 USC 3501, et. seq.), which prohibits the expenditure of most new ederal funds within the units of the Coastal Barrier Resources System. 17 �O 11. Preservation SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), ED 11593 (Identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§46ga -1, at seq.). 12. Suspension and Debarment SUB - RECIPIENT shall comply with Federal Register. Volume 68, Number 228, regarding Suspension and Debarment, and SUB - RECIPIENT shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the CITY concurrent with the execution of this Agreement and shall certify that neither SUB - RECIPIENT nor its principals are Presently debarred, suspended, proposed for debarment, declared Ineligible or voluntarfly excluded from participation in this transaction by any federal department head or a envy. SUB - RECIPIENT shall require that the language of this Certification be Included In the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 13. Drua•Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1988,41 USC §701, 44 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Gott Code §§ 6350 -8357. 14. Miscellaneous SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-644,7 USC § §2131, et seq.). B. 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 roquirements, 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 aro not limited to: Title 44 Code of Federal Regulations (CFR) Part 13; 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 2009 Homeland Security Grant Program — Program Guidance and Application Kit; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. 11:11 J Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Coda Chapter 7 of Division 1 of idle 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 for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Weiland Protection Procedures; Part 64, Floodplain Management and Weiland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, Now Restrictions an 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). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USG 3769(d), or the Juvenile Justice and Delinquency Prevention Ad, or the Victims of Crime Ad, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Gulde for Grants, M7100.1. and all other applicable federal laws, orders, circulars, or regulations. 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 othenwise expressed. Travel including In -State and out-of- State travel shag not be reimbursed without prior written authorization from the UASI Grant Office. SUB - RECIPIENTS travel and per diem reimbursement costs shall be reimbursed based on the SUB - RECIPIENTS travel policies and procedures. If SUB - RECIPIENT does not have established travel policies and procedures, SUB - RECIPIENTS reimbursement rates shall not exceed the amounts established by the State 19 WMA Department of Personnel Administration Rules and Regulations, PHIL 97-024, Seaton 599.619, dated July 1, 1997 and Section 599.631, and as amended from time to time. 3. Noncornyllance 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. C. Compliance with Grant Assurances To obtain the Grant Funds, the Grantor required an authefted representative of the CITY to sign certain promises, regarding the way the Grant Funds would be spent ('Grant Assurances /, attached hereto as Exhibit C. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB - RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used In violation of the Grant Assurances. §414. Federal, State and Loral Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an independent party and not as a CITY employee. §415. Inventions. Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under the 35 of the U.S. Code, including, without limitation, processes and business methods made In the course of work under this Agreement, the SUB - RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered In order to protect the public Interest consistent with the policy ( "Policy") embodied in the Federal Acquisition Regulations System, which Is based on Ch. 18 of title 35 U.S.C. Sections 200, at seq. (Pub. L 95.517, Pub. L 96.620, 37-CFR pert 401); Presidential Memorandum on Govemment Patent Policy to the Heads of the Executive Departments and Agencies, dated 2111111983); and Executive Order 12591, 4/10187, 52 FR 13414,3 CFR,1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22187.52 FR 48651, 3 CFR, 1987 Camp., p. 262). SUB - RECIPIENT 20 33 hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. R'c_ghts 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 copyrightabie material ( "Material' is developed under this Agreement, the author or the CITY, at the CITYS 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'underthis 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 24 CFR 85.34. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Whom 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. 21 54 §416. Minority. Women, And Other Business Enterprise Outreach Program It Is the policy of She 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. 22 35 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 wr tten amendment property 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. 23 :3L 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 twenty -five (25) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties. 24 J7 IN WITNESS VJHIEREOF. Uie City and CITY OF NEI.NPORT BEACH have caused this Agreement io he executed by their duly, authorised representatives on the date first set forth above. ATTEST: By: Linda N. Andal Clerk of the Council RECOMMENDED FOR APPROVAL: D y: John Walter Chief of Police APPROVED AS TO FORM: By: Kristin Pelletier Sr. ASSistant City Allomey 25 CITY OF ANAHEIM, a municipal Corporation of the Slate, of California By: Btlh voinyenrolh City Manager SUB - RECIPIENT CITY OF NEWPORT BEACH Sy: Printed Name Title APPROVE ASAO FAR +vt Printed Namo Title 4';I, 164w j 3Y EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should ref" to the regulations cited below to determine the certification to which they are required to CO. Applicants should also review the instructions for certification included in the regulations bcforc completing this fort. Signature of this roan provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Goverment-wide Debarment and Suspension (Nonprrocuremcnt). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency Bete mines to award the covered transaction or cooperative agreerrumt. As required by Exccmivc Order 12549, Debarment and Suspension, oad implemented under the applicable Ci1t, 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 Fedcml tour,, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within o th= -year period preceding this application been convicted of or had a civil judgmem readeed against them for commission of Hod or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (Fcdrral, State, or local) transaction or contract undar a public transaction: violation of Fedcml or Slate antitrust statutes or commission of embezzlemcnt, 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 goverrtmem entity (Federal State or loca)) with commiselia of any of ihese oRenses enumerated in paragraph (1) (b) of this edification; and (d) Iiave net within a thrtc -year pc iod preceding this application had one ar more public I rvssactions (Federal, State or local) terminated for cause or dcfauh; and D. Where the applicant is unable to certify to any of the stalemcnis in this ccrtific llian, he or she shall atlach an explanation to this application. Address: Authorized Agent Signature Printed or Typed Name Title 26 J 1. By signing and submitting this document, the prospective rodplentof Federal assistance funds is providing the certification as set out below. 2. The certification N this clause Is a material represonladon of fact upon which reliance.was placed when this transaction was entered Into. If It is later determined that the prospective rechiont of Federal assistance funds knowingly renderod an erroneous certification, In addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue avallable'remedias. including suspension andlor dobarmanl. 3. The prospective recipient of Federal assistance funds shall provide Immedlaie written notice to the person to whom this agreement is entered, it at any lime the prospecgve recipient of Federal ossistance funds Items that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered lransecton; 'debarred,' "suspended; ineligible," lower liar Bova ed transaction," "participant; "parson; "primary covered transaction; "princlpal," "proposal; • and 'volurganly excluded,' as used in this clause, have the meanings set out In the Dafin!tions. and Coverage sections of rules Implementing Executive Order 12548. S. The prospective recipient of Federal assistance funds egress by submitting this proposal that, should the praposod covered transaction be entered Into, It shag not knrnvingly enter into any lower tier covered transaction with a person who Is debarred. suspended. doctored ineligible, a voluntarily excluded from parllclpalion In this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that It will Includo the clause filled "Cerliffirallon Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions,' w7hout modification, In all lower gar covered transactions and in all solicitations for lower tier covered transactions. 7. A paNdpant in a covered transactlon 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 g 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 Procumment. or Non Procurement Programs, 8. Nothing contained in the faagoing shall be construed to rectulre establishment of a system of records In order to render In good faith the certification required by this clause. The knaniedgo and Information of a pargdpant Is nat 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, t a. :participant in a covered transaction knowingly enters Into a lower tier covered transacllon with a person who is suspended, debarred. Ineligible, or voktnlary excluded from pargclpatlan In this I ansoctian, in addition to otter remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension arWor debarment. 27 -�o EXHIBIT 8 CERTIFICATION REGARDING LOBBYING Certification for Contracts. Grants. Loans and Cooperative Aoreaments 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 infuance 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 wkh 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, amandmard, 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 a=rdance 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 subreciplents shall certify and disclose accordingly. 4. This certification is a material representation of fad 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 falls to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than $100.000 for each such failure. AGREEMENT NUMBER CONTRACTORJBORROWERIAGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE 28 ^1' i EXHIBIT C California Emergency Management Agency (Cal EMA) FY2012 Grant Assurances (All HSGP Applicants) Name of Applicant: Address: City: State. Zip Code:, Telephone Number: Fax Number. E -Mail Address: As the duly authorized representative of the applicant, l certify that the applicant named above: 1. Will assure that grant funds will support efforts minted to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, aid mover from terrorist attacks, major disasters and mheremcrgencics. 2. Has the legal aothorily to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion orthe grant provided by the U.S. Dcpartmmt of Homeland Security (DHS)IFcdeml Emergency Management Agency (FEMA) and sub-granted through the State of California. California Emergency Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs(forexample: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program. and Metropolitan Medical. Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2012 Investment Justifications submitted to DHSlFEMA/C21 EMA, where applicable. 5. Will give the Federal guvernmern, the General Accounting Office, the Comptroller Gmcral of lie United Slates, the State of cali remio, the ofnce or Inspector General, through any authorized representative, access to, and tyre right to examine, all paper or electronic mcards, books, or documents related to the award; and will establish a proper accounting system in aecardanco with generally accepted accounting standards midlor awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and' Luca] fusion centers must support the development of a statewide fusion process thatcarresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) beeline level of capability as defined by the Fusion Capability Planning Tool. i. Will provide progress reports, and other such information as may be required by the awarding ugency, Including the Initial Strategy Implementation Plan (]SIP) witlfin 45 (forty -five) days of the award, and update via the Grant Reporting Taal (GRT) twice each year. S. Will initiate and complete the work within Ilse applicable time frame oiler receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 29 �/A 10. Will comply with ail provisions of DHSFESiA's codified regulation 44, Pan 13. Uniform Administrative Requirements for Grants and Coopaativc Agreeatems to State and Loral Governments, including the payment of interest earned on advsnees. 11. Will comply with all provisions of48 CFR, 31 11 Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interesi, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties 13. Understands and agrees that Federal runds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DliS/FEMAICal GMA. 14. Agrees that, to the extent contractors or subcontractors arc utilized, will use small, minority-owned, women - owned, or disadvantaged business coneems mid contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award- supported activities, including changes to key program staff. 16. Will comply, ifapplimble, with the lead -Bascd Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 a seq.) which prohibits the use of lead based pain in construction or rehabilitation of simumires. 17. Will comply with all Federal sad Slate Seatun relating to Civil Rights and Nondiscrimination. These iadudc, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L 88.352), as amended, which prohibits discrimination on the basis of rime, color or national origin. b. Title IX of the Education Amardmaits of 1972, as am=dcd (20 U.S.C. §§ 1681- 1683 and 1685- 1686), which prohibits discrimination on the basis of gender. m Section 504 of the Rehabilitation AU of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Agc Discrimination Act of 1975, as amended (42 U.S.C.. §§ 6101-6107), which prohibits discrimination on the basis of age. c. The Drug Abuse Office and Trewmcni Act of 1972 (P.L. 92-2.55), 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 co-3), as amended, relating to confidentiolity of alcohol and drug abuse patient records. h. Title VM of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et mq.), as amended. relating to nondiscrimination in the sale, rental or financing or housing. i. Title 44 Code of Federal Regulations (CFR) Pans 7, 16, and 19 relating to nondiscrimination. j. The requirements an my other nondiscrimination provisions in the specific statutes) under which the application far Federal assistance Is being nude. It. Will. in the event thst a Federal or Sate court or Federal or Statc adminisiriive agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin. gender, 07 disability against n 30 AF3 reeipieot of funds, the recipiW will fornsrd a copy of the finding to the Off ice of Civil Rights, Officcoflustir. Programs. I. Will provide as Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 66 days of grant award. m. Will comply end ass^1e the compliance of all its subgrantces and commoors, with the nondiscrimination requirements and all other provisions of the euot edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 18. Will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Red Property Acquisition Policies Act of 1970 (42 U.S.C. 04601 ct scq. (P.L 91 -646)) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Pederol or Federally assisted programs. Thesc requirements apply to all interested in real property acquired for project purposes regardless of Federal participation to purchases. Will also comply with Title 44 CFR, Pon 25, Unlform Relocation Assistance and Real property Acquisition for Federal and Federal ly- assisled - programs. 19. Will comply, if applicable, with die Rood Insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93.234) which requires recipients in a special Rood hamrd area to participate in the program and to purchase Rood insurance if the total con of insurable construction and acquisitor is ten thousand dollars (SI O.00D) or more. 20. Will comply with all applicable Federal, Suite, and Local cavimrmentat and historical preservation (EHP) requirements. Failure to meet Federal, Stine, and Local L• HP requirements and obtain applicable permits tray jcopanii= Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements 21. Will comply with all provisions of DHSlF&MA's codified regulation 44, Part 10, Environmental Considerations. 22. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHSIFDI A/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers• any structure over 50 years old• and purchase and/or use of any saner equipment. Thesubgrmuee must comply with all conditions and restrictions placed on the pmjmt as u trsuh of the FHP review. Any construction- rclaled activities Initiated without the necessary EHP review and approval will result in a noncompliance finding, and may rat be eligible for reimbursement with DHSIFEMAlCnl EMA funding. Any change to the scope of wait will require rccvalumion of compliance with the EHP. If gmunddisturbing activities aecurduring the project implementation, the subgranteemust ensure monitoring of the disturbance, if any potential archeological resources are discave. -cd, the suhgamee will imroedialOy cease activity in that area and notify DHSlFE,MAICel EMA and the appropriate State Historic Preservation Offtco. 23. Any construction activities that have been initiated prior to the full environmental and historic preservation review mould result in non-complinnee finding. grantees must complete the FEMA EHP Screening Form (ONIS Number 1660-0115fFBiA Form 024-0- 01) and submit it, with all suppaning documeuation, to the GPD EHP team at GPDEHPinfoQa fca.dhs.gov for review. 1 44 24. Grantees should submit the FEMA EHP Screening Forth for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: www. fcma.gov /doc/govenim=t/gmnL/bui letinslnfo329_rii nal_scrccning_mcmo.doc 25. Will ensure that the facilitics under its ownership, lease ar supervision, which shell be utilized in the accomplishment of this project, are stet an the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Col EMA and the Federal Grantor agency orthe receipt of arty communication from the Director orthe EPA Offee of Federal Activities indicating if facility to be used in the project is under consideration for listing by the EPA. 26. Will provide any information requested by DHWEMA/Cal ENA to easum compliance with applicable laws, including the following: a. institution of rnvironmrnml quality control measures tinder the Archaeological and I listoric Presevation Act, Endangered Species Act, and Executive Orders an Floodplains (11988), and F"vtmnmcotal Justice (ED 12898) and Environmental Qwliry (EOI 1514). b. Notification of violating fadlhi s pursaaant to ED 11738. C. Assurance of project consistency with the approved state management program developed under the Coastal Zane Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d: Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amcndcd (42 U:S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drink)ng Water Act of 1974, as amended, (P.L. 93 -523). E Califamin Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21095. California Code of Regulations, I n1c 14, Chapter 3 Section 15000- 15007. g. Wild and Scenic Rivers cat of 1968 (16 U.S.C. §§ 1271 cisegJ related to protecting componcr s or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Harries Resources Act (P1- 97.348) dated October 19, 1982 (I6 USC 3501 et set.) which prohibits the expenditure of most new Fcdesal funds within the units of the Coastal Harrier Resources System. 27. Will comply with Standardized Emergency Mzmagerncm System (SEMS) mquireracats as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 afTitie 2, Section 8607.1(c) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 28. Apto that all publications created or published with funding under this grant shall prominently contain the following statement: `"This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the author and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Sewrity." The recipient also agrees that. when pmeticable, any equipment purchased with gram funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 29. Acknowledges that DHSfMMA reserves a royalty -4cc, nonexchsivc, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub - award; and b) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. 32 �• S 30. 7bc recipient agrees to consult with DIIS/FEMA/Cal EMA regarding the allocation of any patent rights that arise Lrom. or ate purchased with. this flmding and has requested through the State of California, Federal f nanelal assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the mccipt of Fedcnl financial assistarnic, through the State of Califsmia, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State governmem. Is. in the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California c. Propenylequipment purchased under the IISGP reverts to Cal EMA if the grant funds are dcobligaled/disallowed and/or not promptly repaid. d. HSGP funds used for the inprovemcnt of real property must be promptly repaid following deobligadon/disal lowment of costs or Cal EMA reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on gram funds- and will return all interest tamed, in excess of S100 per Federal Fiscal Year. 31. Will comply with the Intergovernmental Personnel Act of.1970 (42 U.S C. Sections 4728- 4763) relating to prescribed standards fur merit Systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900. Subpart F). 32. Will comply with provisions of the lLUCh Act IS U.S.C. Sections 1501 -1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities arc funded in whole or in pan with Federal fiords. 33. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L 89.544, as amended, 7 USC. 2131 et seq.) pertaining to the car, trri.ntng and trentmem of worm blooded animals held for rescueh, teaching, or other activities supported by this award of assistatim 34. Will comply with the minimum wage and maximum hour pravisirmsof the Federal Fair Labor Standards Act (29 U.S.C. 201), as (hey apply to employees of institutions of higher education, hospitals, and other non -profit organizations. 35. Agrees that'Classiftcd national security information," as defined in Executive Order (£O) 12958,03 amended means information that has been determined pursuant to EO 12958 or any prcdacessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.. No finding under this award shall be used to support a contract, subaward, or other agreement for goods orservlces that will Include access to classifncd national security information if the award recipient has not been approved for and has access to such information. 36. Agrees that where an award recipient has been approved for and has axe% to classified national security infmmatien, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified natiannl security information by the contractor, subawardee, or other entity without prior written approval from the DRS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be perfsnutd. Such contracts, subawards, or other agreements shall be processed and adrninisiBrea( in accordance with the DHS "StaadaM Opemting P.acedutes, Classiriod Cowmctiag by Stales and Loral Emi4es," dated July 7.2008; EOs 12829, 12958, 12968, unintended; the National Industrial Security 33 T& Program Operating Manual (NISPOM); anrlor ether applicable implerneming directives= insuuctiorss. All security requirement documents are located at:. hnpltwva .dhs.govlxopnbiztgmnLsrindexshun 37. Immediately upon determination by the award recipient Ihat funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, suboward, or other agreement, the award recipient shall cmmact 1SPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB Contact information: Telephone: 202.447.5346 Email: DD254AdminisimtiveSCCUrii) ddhs.gov Mail: Deponmeni of Homeland Scaaiiy Office of the Chief Scrurily officer ATTN: ASDlladustrial Security Program Branch Washington. D.C. 20528 38. Agrees with the requirements; regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they mwt nmlry potential subrccipients that no entity (see definition in paragraph C of this award term) may receive ormake a suburward to any entity unless the entity has provided 115 DUNS num(icr. For purposes of this award term, the following definitions will apply: a. "Dole Universal NumbLring System (DUNS)" number menrs the nine digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entitles. A DUNS number may be obtained from D &B by telephone (currently 866. 705 -5711) or the Internet. currently at blip!firedgavAnti.com/weliform b. " Entity', as it is used in this award term, means all of the following, as defined at 2 CFR pan 25, subpart C. as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity, or a domestic or foreign nonprofit organization; or a domestic or foreign for.pmfii organization; or a Federal agency, but only as a sub rcoipicra under an award or subaward to a non- Federal entity. c. "Subaward" means a legal instrument to pmvidc support for the performance of any portion of the substantive project or program for which you rueived this award and that you as the recipient award to an eligible subrecipion. it does net include your procurement of property and services needed to carry out the project or program (for further explanation, sec Sec. 210 of the attachment to OMB Circular A -133, "Audits of Smics, (.deal Governments, and Non -Profit Organimlions") and may be provided mhmugh any legal atpeemcni, including on agreement that you consider a contract. d. "Subrecipient" means an entity that receives a suboward from you under this award; and is accountable to you for the use of the Federal funds provided by the subaward. 39. Will comply, as applicable, with the provisioac of the Davis -Bacon Act (40 U.S.C. Section 276a to 276n -7), the Copchind Act (40 U.S.C. Section 276e and 18 U.S.C. Sections 874), and the Commct Work Hours and Safcty Stnrdwds Act (40 U.S.C. Sections 327 -333). regarding labor standards Pow Fedcmlly- assisted construction sub- ag:eemeats. 40. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by oron behalf of the undersigned, to any person for amnuencing or attempting to influence an oMccr or employee of any agency, a Member of Congress, no officer or employee of 34 q? Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension., continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds 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 officeror an crnployee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative alyeemenl, the undersigned shall complete and submit Standard Font LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. e. The undersigned shall require that the language of this certification be included in the award documents for all sub awards of all tiers including sublpants, contracts under grants and cooperative agreements, and subcomract(s) -and that all sub recipients shall certify and disclose accordingly. This ecnificationis 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 Imnsactim 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 Ins theses $10,000 and not more than $100,000foreach such failure. a. b. 41. Agrees that funds awarded under this grant will be used to supplunenl existing funds for program activities, and will not supplant (replace) non - Federal funds. 42. Agrees that equipment acquired or obtained with grant funds: c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within thciurisdiction of theapplicant, and deployed . with personnel trained in the use orsuch equipment ina manner consistent with the California law Enforcement Mutual Aid Plan or the California Fire Services and Rescue bfulual Aid Plan. d. Is consistent with needs as identified In the State Homeland. Security Strategy and will be deployed in confomtanee with that Strategy. 43. Wilt comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A -133. E.O. 12372 and the current Admiastrative Requirements, Cost Principles, and Audit Requirements. 44. Will comply with all provisions of 2 CFR, including:. Pan 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of higher Education, Hospitals. and Other Non -Profit Organizations (OMB Circular A -110); Pan 225 Cost Principles for Stale, Local and Indian Tribal Governments (OMB Circular A -67); Part 220 Cost Principles for Educational institutions (OMB Circular A -21); Pan 230 Cost Principles for Non -Profit Organizations (OMB Circular A -l22). 45_ Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 45. Agrees to cooperate with my assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessrncni orevaluation of any activities within this agreement. 35 4e 47. Will comply with Federal Acquisition Regulations (FAR), part 311 Contract Cost Principles and Procedures, Contracts with Commercial Organisations. 48. Will comply with the fmancial and administrative requirements set forth in the current edition of the DNS Financial Momagcment Guide. 49. Agrees that all allocations and use of finds under this gram will be in accoudaaec with the FY 2012 Homeland Security Grant Program Funding Opportunity Annotmccacnt, and the California Supplement to the FY 2012 Homeland Security Grant Program Funding Oppor'.umly Announcement. All allocations and use of funds under this gram will be in accordance with the Allamiiens, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Ilomcland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as pan of the California FY2012 Homeland Security Grant Program application. Funher, use of FY12 funds is limited to those Investments included in the California FY12 investment Justifications submitted to DHS /FEMA/Cal EMA and evaluated through the peer review process. $0. Will not make any award or permit any award (subgrant arcontract) to any party which is dcbancd or suspended or is otherwise excluded farm or ineligible for participation in Federal assistance programs trader Exavtive Order 12549 and 12669, "Debarment and Suspension ". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants is primary covered tmnsactions, the applicant ccrifies that it and its principals a. Arc not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a dcniol of Fedcml benefits by a State or Fader at 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 eiviljudgmcnt rendered against them for commission of fraud or a Brim and offense in connexion with obtaining, attempting to obtain, or performing a public (Fedcml. State, or local) transaction or contract traders public transaction: violation of Federal or State am:mmst statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records. making false statements, or receiving stolen property. c. Arc nor presently L-dicted for or otherwise criminally or civilly cha>aod by a governmental ally (Federal. Stale, or local) with commission orally of the offenses enumerated in paragraph (1)(b) of this certification; and have not whhin a three -year period preceding this application had one or more public transactions (Fedcml. State, or local) temtinated for muse or default; and d. 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. 51. Will comply with all applicable requirements of all other Federal and State laws, executive orders, rcgulations, program and administrative requirements, policies and any ad= requnfficnls governing this Program- 52. Will comply with the administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two soweere - orrice of Management and Budget (OMB) Circular A -102, Uniform Administrative Requirernrnts for Grams and Cooperative Agreements to Slate and Local Governments (also known as lire "A -102 Common Rule'), found under FEMA reguiotiong of Title 44, Code of Fedeml Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governmente -OMB Circular A -1 lo, Uniform 36 #9 Administrative Regaireinects for Grants and Agreements with Institutions of Il.igbcr Education, Ilospiials, and Olher Non -Profil Organizaions, relocated lo 2 CFR Par[ 215. The requirements for allowable costslcosi principles arc contained in the A -102 Conunon Rule, OMB Cimular A -I I0 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The foureosts principles circulars are as follows: -OMB Circular A -21, Cost Principles fqr Educational Institutions, relocated to 2 CFR Part 220.-OMB Cimular A•87, Cost Principles for State Local, and Indinn'I'ribal Governments, relocated to 2 CFR Pan 225. - OMB Cimular A -122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A- 133, Audits of States, Local Governments and Non -Profit Organizations. 53. Will acknowledge, agree, and require any submeipients, coatmetors, successors; transferees, and assignees acknowledge and agree -to comply with applicable provisions govcming DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS and/or Cal E \IA. b. Recipients must give DH SICal E1f.A access to and the right to examine and copy records, accounts, and other documents and sources of information rclatcd to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DI{SiCal EMA regulations and other applicable laws or program guidance. c. Recipients must submit timely, complete, and accurate reports to the opprupriate DHS/Cal EMA officials and maintain appropriate backup documentation to support the reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by low or detailed 'um program guidance. c. If, during the past three years, the recipient has been mused of discrimination on the grounds of mce, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial staus, the recipient must provide u list of all such proceedings, pending oreompleted, including outcome and copies of settlement agreements to the DHS /Cal EMA awarding office and the DRS Office of Civil Rights and Civil Liberties. f In the event any court or administrative agency makes a finding or discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or fandlial status against the mcipiem, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of time eomplaintand findings to the DHS Component and/or awarding office. The United States has the right to sock judicial enforcement of these obligations. 54. Agrees that none of the funds provided under an award may be. expended by the recipient to pay any person to influence, or attempt to influence an officeror 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 any Federal action concerning the award or rmewnl of any Federal contract, gram, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. 55. Will Comply with requirements to acknowledge Federal funding when issuing statements, press rcleasa, requests for proposals, bid imitations, and other documents describing projects or programs funded in whole or in pan with Federal funds. 56. Will comply with requirements that publications or wherexemise of copyright forany work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Goveruner,t (e.g., classified information or other information subject to notional security or export control 37 laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works. the recipient grants the Government a royalty -free, nonexclusive and Irrevocable license to reproduce, display, distribute copies, perfom, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affu the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Gove;,trrem sponsorship (including award number) to any work fist produced under an award. 57. Will obtain DHS's approval prior to using the DIiS seal(s), logos, emus or reproductions of flags at likenesses of DHS agency officials, including use of the United States Caan Guard seal, logo, arsts or reproductions of flags or likenesses of Coast Guard of tials. 5S. Will comply with the requirements that pmjcet activities carried on outside the United Stain are coordinated as necessary with appropriate government authorities and that appropriate licenses, Permits, or approvals are obiained 59. Will comply with the requirements of the Preference for U.S. Flog Air Carriers. Travel supported by U.S_ Gomcmmew fonds requirement, which states pmformce for the use of U.S. flag air carless (air driers holding certificates under 49 U.S.C. § 41102) for imemational air transportation of people and property to the extent that such service is available, in accordance with the international Air Tro.•tsponation 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 ComptrolleGencral Decision B138942. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 at seq.), which requires that all organizations receiving grams from any FcdcmI agency agree to maintain a drug -free workplace. The recipient must noilfy the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations arc codified at 2 CFR 3001. - 61. Will comply with the requirements ofthc govemmern -wide award term which implements Section 106(g) of the Trafficking Victims Pmlcction Act ('IVPA) of 2000. as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with ON18 Interim Final Guidance. Federal Register, Volume 72, No. 218, November 13, 2007.1n accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award., without penalty, if the recipient or a subrecipieat engages in severe forms of truffieking in persons during the period of rime that the award Is in effect, procures a commerclol sex net during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 62. Will comply with the requirements of Title Vi of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.b which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in• be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial. assistance. 63. Will comply with Title VIII of the Civil Rights Act of 1968• which prohibits recipients from discriminating in the sale. rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, .religion, disability, familial status, and sex (42 U.S.C.§ 3601 n seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition 38 1 on disability discr miaatiaa includes the requirement that new multifamily housing with four or mono dwelling units -Le., the public and common use arms and individual apartment units (ell units in buildings with elevators and gmmd -floor units is buildings without elevators) -be designed and constructed with certain arccss'ale feamas (see 24 CFR § 100301)_ 64. Will comply with the mcuimmmts ofThics 1, 11, and 111 of the Americans with Disabilities Act, which prohibits recipients from discriminating on 0te basis of disability in the operation of public emdics, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101.12213). 65. Will comply with the requ'ucmcnts of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 ei seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 66. Will comply with the mquiremcnls ofTidc IX of the Education Amendments of 1972 (20 U.S.C. § 1681 at seq.), which provides that no person in the United Slates will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. 67. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance. national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title V1. recipients must take reasonable steps to ensure that LEP persons have meaningful aceess to your programs. Meaningful access may entail providing language assistance services, including oral and written traosWlion, where accessary. Recipients are encouraged to consider the need for language services for LEP pcsons sevrod or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to httplAvww.iep.gov. 68. Will comply with the requirements of 42 U.S.C. § 7401 ct sea. and Executive Order 11735, which provides for the protection and enhancement of the quality of the nation's & resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 69. Will comply with the requirements of the Federal regulations at 45 CFR Port 46 and the requirements in DHS Management Directive 016 -04, Protection of Human Subjects, prior to implementing any work with human subjects. The: regulations specify additional protcelioas for research involving human refuses, pregnant women, and neonates (Subpart II); prisoners (Subpart C); and children (Subpart D). The use ofautopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Pon 46. 70. Will comply with the requircm©ts of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 ct scq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its gram- supponed activities, DFLS requires the environmental aspects of construction grams (and certain nonconsruction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 39 J T2- 71. Will comply with the requirements of Section 1306(c) of the National Flood Insurance Act.. as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the share of a lake or otha body of water and that is certified by an appmpriatc Sm;c or local land use authority to be subjec; to imminent collopse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding amicipated cyclical levels. These regulations are codified at 44 CFR Part 63. 72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §40D I a seq.), which provides that no Federal financial assistance io acquire, modernize, oreonstruet property may be provided in identified head: -prone eommunilics in the United States, uniess the community participates in the National Flood Insumn c Program and Rood insurnace is purchased within one year of the Identification. The flood insurance purchase:equira ertt applies to both public and private applicants far MIS support Lists of flood -porno areas that are eligible for flood insurance are published in the Federal Register by FBIA. 73. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in fonherance of Section 101 (b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction. and that the propmcd aerion includes all practicable measures to minimize harm to wetlands this may result from such use. In malting this finding, the head of the agency may take into account economic, environmental, and other penitent factors. The public disclosure requirement described above also pertains to early public review of nay plans or proposals for new construction in wetlands. This is codified at 44 CFR Pan 9. 74. Will comply with the requirements of the Uniting and Strengthening Americo by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175e. Among other things, it prescribes criminal penalties for possession of city biological agent, toxin, or delivery system of n type or in a quantity that is am reasonably justified by a prophylactic, prntxiive, boor fide research, or ater peaceful purpose_ The act also establishes restrictions on access to specified materirds. "Restricted persons," as defined by the act, may not passess, ship, transport, or receive my biological agent or toxin that is listed as a select agent. 75. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal Eb1A. o. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovory funds (as defined in section 1512(e)(2) of the American Rccovcry and Reinvestment Act of 2009, Is. Where and when to report: you must report an each obligaing action desa ilned in the following paragraphs to Cal Eh1A. Forsubaward information, report no Iota than the end of the mmth following the man;h in which the obligat ma was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no Iota than December 31, 2011.) c. What to report: You must report the information about each obligating octlon that the submission imtrucilmu posted in Information Bulletin 350, to Cal E,titA. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http J /wvwsec.gov /ansu,eWexecamp.htm Subgrantees must report subrecipient executive total compensation to Cal aIA by the end of the month following the 40 5.5 month during which you make the isubawantl. Exemptions include: If, in the previous tar year, you had Sass income, froin all sources, under S30D,000, you are exempt from the requimmmis to report on subawards, and the total compensation of the five mast highly compensated executives of any submcipient. d. Reporting Total Compensation of Recipient Execuives: You most report total compms illon for each of your five most highly compensated executives for the preceding completed fiscal year, if T. the total Federal funding authorized to date under this award is S25.0DO or more; H. in the preceding fiscal year, you received 80 perecnl or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistancc subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawwds); and $25,000,OOD or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Trzasparenry Act, as dermal at 2 CFR 170.320 (and subawards); and m. The public does not have access to information about the compensation of the executives through periodic rcpmis filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78a(d)) or section 6104 of the Internal Revenue Cade of 1986. (To determine if the public has access to The compensation information, see the U.S. Security and Exchange Commission total' compensation filings at htip:tl www .sec,govlanswerslexccnmp.htm.) iv. Submcipienl Executives. Unless you are exempt as provided above, for each first• tier subrecipieni under this awanl, you shall report the names and total compensation of each of the subreeipient's five most highly compensated executives for the submcipiem's preceding completed fiscal year, if in the subralpicni's preceding fiscal year, the subreeiplent received 80 percent or more of its -imam gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170320 (and subawards); and S25,ODO,000 or more in annual gross mvcmics from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transpnrncy Act (and subawards); and the public does not have access to information about the compensation ofthe executives through periodic repons filed under section 13(0) or 15(d) of the Securities Exchange Act of 1934 (IS U.S.C. 78m(e), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. 76. Understsnds that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enty into this agrccmcnt for and on behalf of the said applicant. Signature of Authorized Agent: Panted Name of Authorized Agmt: Title: Date 41 7-4 ATTACHMENT D j5 City of Newport Beach NO. BA- 13BA -035 BUDGET AMENDMENT 2012 -13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $sl,00a.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance rx I No effect on Budgetary Fund Balance To increase revenue & expenditure appropriations due to receipt of Urban Area Security Initiative grant funding from the Calfiomia Emergency Management Agency that will be utilized for reimbursement of training costs associated with approved Department of Homeland Security courses for emergency response personnel in the Fire and Police Departments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 2335 486E 1820 486E EXPENDITURE APPROPRIATIONS (3603) Description Amount Debit Credit Description Emergency Prep -UASI FY12 Training Grant $22,961.00 PD Support Services -UASI FY12 Training Gr $28,043.00 Signed: YA^ Financ al Approva Finance Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk Automatic $22,961.00 $28,043.00 Date ZI �I tk Date Date Description Division Number 7014 Misc & Studies Account Number C8002032 Fire - UASI 12 Training Grant Division Number 7014 Misc & Studies Account Number C8002033 Police - UASI 12 Training Grant Division Number Account Number Division Number Account Number Signed: YA^ Financ al Approva Finance Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk Automatic $22,961.00 $28,043.00 Date ZI �I tk Date Date