HomeMy WebLinkAbout16 - 2012 Emergency Management Performance GrantCITY OF
NEWPORT BEACH
City Council Staff Report
August 12, 2014
Agenda Item No. 16.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott L. Poster, Fire Chief — (949) 644 -3101, sposter @nbfd.net
PREPARED BY: Katie Eing, Emergency Services Coordinator
PHONE: (949) 644 -3109
TITLE: Accept the 2012 Emergency Management Performance Grant
ABSTRACT:
The Emergency Management Performance Grant (EMPG) is a FEMA pass thru grant that provides funding
for local emergency management programs.
RECOMMENDATION:
a) Accept the 2012 Emergency Management Performance Grant for $16,660 in funding for maintaining
the City's emergency management program; and
b) Approve Budget Amendment No. 15BA -003 increasing revenue estimates by $16,660 in 2335 -4896,
and appropriating those funds into Fire Department account 2335 - 82008.
FUNDING REQUIREMENTS:
This agenda item authorizes the receipt of $16,660 as well as appropriating these same funds for
emergency management activities.
DISCUSSION:
In 2012, under the direction of the Department of Homeland Security (DHS), the Federal Emergency
Management Agency (FEMA) announced the availability of grant funding to promote and sustain state and
local emergency preparedness programs. The primary objective of the funding is to support state and local
governments to prevent, prepare for, mitigate against, respond to and recover from emergencies and
disasters whether natural or man -made.
The Emergency Management Performance Grant is a reimbursement grant and the
Fire Department utilized the funding to purchase nine computers and a copy machine for the City's new
Emergency Operations Center (EOC).The grant guidance requires a 50 percent funding match, which
the City purchased 36 additional computers in April of 2013. In addition, the Orange County Operational
Area required an activation of the City's Emergency Operations Center for an exercise or an actual event,
and representation at monthly Orange County Emergency Management Organization (OCEMO) meetings
during the grant fiscal year. The Newport Beach EOC was activated for an exercise on October 18,
2012.The City has fulfilled all grant guidance requirements, and in accordance with Council Policy, the Fire
Department requests Council to accept this grant funding, and deposit funds into the Fire Department
Emergency Management Division account 2335 - 82008.
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:
This item has been noticed according to the Ralph M. Brown Act, which provides that agenda items for the
City Council be available for review at least 72 hours before the Council meeting.
ATTACHMENTS:
Description
Attachment A - EMPG Transfer Agreement
Attachment B - Copy of Check
Attachment C - Budget Amendment
1
2
3
4
5I6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit B
ATTACHMENT A
AGREEMENT TO TRANSFER FUNDS
FOR 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this c�13 day of 20 l3 , which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to as "COUNTY," and
0—i N 0T O J�rt &,rk a municipal corporation, hereinafter referred to as
"K1 "A X.i .. „
WHEREAS, COUNTY, acting through its Sheriff - Coroner Department, hereinafter referred to
as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and
accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant) from
the California Emergency Management Agency.
WHEREAS, the purpose of the grant is to support comprehensive emergency management at
the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation,
response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY2012 1
Emergency Management Performance Grants [EMPG] Program Funding Opportunity Announcement
[FOA]), which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
required information and documentation, as set forth in Attachment B (EMPG City Financial
Management Forms Workbook), which is attached hereto and incorporated herein by refere nce.
2. Throughout their useful life, grant property and equipment shall be used by
SUBGRANTEE only for grant purposes in accordance with Attachment A hereto.
3. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and I
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant I
:FDA 97.042
imagency Mamganem Pakmamcc arm
kpvlmenl ofHomdand Security Page 1 o1`4
Page 1 of 83
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit B
Property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
I grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in the Attachment C (Emergency Management
Performance Grant Program: Recipient California Supplement to the Federal Program Funding
Opportunity Announcement; or, The State Guidance), which is attached hereto and incorporated herein
by reference.
7. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Emergency
Management Performance Grant Agreement Articles, Assurances, Certifications, Terns, and
Conditions) hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not
abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, or
D hereto.
8. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C, and D hereto.
9. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
CFDA: 97.042
Emergency Mmaganmt Performance Gram
Deparo mtorxom iandsecurity
Page 2 of
Page 2 of 83
1
2
3,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit B
10. SUBGRANTEE may not assign this Agreement in whole or in part without the express
I written consent of COUNTY.
It. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
12. For a period of three years after the final Federal Financial Report hereunder or until all
claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve
and maintain all documents, papers and records relevant to the work performed or property or equipment
acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the
same time period, SUBGRANTEE shall make said documents, papers and records available to
COUNTY and the agency from which COUNTY received the grant funds or their duly authorised
representative(s), for examination, copying, or mechanical reproduction on or off the premises of
SUBGRANTEE, upon request, during usual working hours.
13. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after the final Federal
Financial Report hereunder.
14. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the time and
in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
(/1
CFDA: 47.042
Emergency Managemem Perfomrenx Grant
Department of Homeland Security Page 3 of 4
Page 3 of 83
perjury that they adhere to the 6weatfree Code of Conduct as set forth oi, Lhe California Department of
Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records, documents,
agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance
with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits which
have otherwise been provided to all employees regardless of marital or domestic partner status.
TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subgrantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
1) For the two -year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision - making process relevant to the contract while employed in any
capacity by any state agency.
2) For the twelve -month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency in e
policy - making position in the same general subject area as the proposed contract within the 12 -month period
prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement
void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per
diem. (Pub. Contract Code § 1043 0 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which require
every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in
accordance with the provisions, and applicant affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
A. The grantee certifies that it win or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will —
(1) Abide by the terns of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted —
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs (a), (b), (c), (d), (e) and (f).
4. SWEATFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms
of child labor or exploitation of children in sweatshop labor. The applicant further declares under penalty of
(3) The undersigned shall require ffa[ the language of this certification be iriwaded in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any 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 commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT):
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR, Part 17:
A. The applicant certifies that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions
by any Federal department or agency,
(2) Have not within a three -year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this
certification; and
(4) Have not within a three -year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
CERTIFICATIONS REGARDING DRUG -FREE WORKPLACE REQUIREMENTS: This certification
commits the applicant to compliance with the certification requirements under 44 CFR, Part 17 Government -
wide Requirements for Drug -Free Workplace (Grants). See Article IX.
17. Will comply with Homeland 5dcurity Presidential Directive (HSPD)- 5,1vfanagement of Domestic Incidents.
The adoption of the NIMS is a requirement to receive Federal preparedness assistance, through grants,
contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, tribal nations, nongovernmental organizations, and private sector partners to work together to
prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause,
size, location, or complexity.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program. This includes all requirements, restrictions and regulations identified in the
California Emergency Management Agency (Cal EMA) Fiscal Year 2012 Emergency Management
Performance Grant (EMPG) Program - California Supplement to the Federal Program Funding Opportunity
Announcement.
19. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the
site and facilities without permission and instructions from the awarding agency. Will record the Federal
interest in the title of real property in accordance with awarding agency directives and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-
discrimination during the useful life of the project.
20. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review
and approval of construction plans and specifications.
21. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure
that the complete work conforms with the approved plans and specifications and will furnish progress reports
and such other information as may be required by the assistance awarding agency or State.
22. Will comply with Public Law (PL) 109 -282 (Federal Funding Accountability and Transparency Act of 2006),
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110 -252), which
is outlined in FEMA GPD Information Bulletin NO. 350. If the subgrantee in the preceding year did not get
80% or more of its annual gross revenues from Federal Awards, and $25M or more in annual gross revenues
from Federal Awards, and the public does have access to information about the compensation of the senior
executives of the entity, then the subgrantee is not subject to the FFATA Financial Disclosure requirements.
CERTIFICATIONS
1. CERTIFICATION FOR CONTRACTS GRANTS LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. See Article III.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
f �
application for Federal assistance is being made; and the requirements o. any other nondiscrimination
statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and 111 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
8. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324 -7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§ 327 - 33.3), regarding labor standards for federally assisted construction sub - agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more; and the National Flood Insurance Act of 1968. See Articles XXII and XXIII.
11. Will comply with environmental standards which may be prescribed pursuant to the following: institution of
environmental quality control measures under NEPA as amended, see Article XXI; Article XIX; Article
XXIV; and Executive Order (EO) 11514; notification of violating facilities pursuant to EO 11738; evaluation
of flood hazards in floodplains in accordance with EO 11988; assurance of project consistency with the
approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
§§ 1451 et seq.); protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended, (P.L. 93 -523); and protection of endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93- 205).
All proposed construction and renovation activities must undergo an Environmental Planning and Historic
Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action
related to the project. Any applicant that is proposing a construction project should pay special attention to
the EHP requirements contained in Part VI (B, 5.7) of the Guidance.
12. Will 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.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance. See Article XX.
15. Will 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.
16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1984 or OMB Circular No. A -133, Audits of Institutions of Higher Learning and other Non -profit
Institutions.
Article XXIV - Coastal Wetlands rlanning, Protection, and Restoration Act of 1990
All recipients of financial assistance 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 furtherance 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 proposed action includes all practicable measures to minimize harm to wetlands that may result from such use.
In making this finding, the head of the agency may take into account economic, environmental, and other pertinent
factors. The public disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction in wetlands. This is codified at 44 CFR Part 9.
Article XXV - USA Patriot Act of 2001
All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which
amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal penalties for possession of any
biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on
access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or
receive any biological agent or toxin that is listed as a select agent.
ASSURANCES
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements. See Article I above. The applicant also specifically assures and certifies that it:
Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial
capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning,
management, and completion of the project described in this application.
2. Will give the awarding agency, the Controller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives. See Article II above.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 - 4763) relating to
prescribed standards for 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).
6. Will comply with all Federal statutes relating to nondiscrimination. See Articles XI, XII, XIII, XIV, XV, and
XVI, above. In addition, the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -2S5), as amended,
relating to nondiscrimination on the basis of drug abuse; 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; §§ 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. And any other nondiscrimination provisions in the specific statute(s) under which
t I
Article XVHI - Animal Welfare ACL of 1966
All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7
U.S.C. § 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate
animals bred for commercial sale, used in research, transported commercially, or exhibited to the public.
Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the
Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and
Government Principles Regarding the Care and Use of Animals.
Article XIX - Clean Air Act of 1970 and Clean Water Act of 1977
All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive
Order 11738, which provides for the protection and enhancement of the quality of the nation's air 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.
Article XX - Protection of Human Subjects
All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part
46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for
purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026 -04,
Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part
46, research means a systematic investigation, including research, development, testing, and evaluation, designed
to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes
of this policy, whether or not they are conducted or supported under a program that is considered research for other
purposes. The regulations specify additional protections for research involving human fetuses, pregnant women,
and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is
governed by applicable State and local law and is not directly regulated by 45 CFR Part 46.
Article XXI - National Environmental Policy Act (NEPA) of 1969
All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act
(NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect
and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -
supported activities, DHS requires the environmental aspects of construction grants (and certain non - construction
projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on
the application.
Article XXII - National Flood Insurance Act of 1968
All recipients of financial assistance 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 shore of a lake or other body
of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse
or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 63.
Article XXHI - Flood Disaster Protection Act of 1973
All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of
1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire,
modernize, or construct property may be provided in identified flood -prone communities in the United States,
unless the community participates in the National Flood Insurance Program and flood insurance is purchased
within one year of the identification. The flood insurance purchase requirement applies to both public and private
applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the
Federal Register by FEMA.
labor in the performance of the award or sub - awards under the award. Full text of the award term is provided at 2
CFR § 175.15.
Article XI - Civil Rights Act of 1964
Il recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq.), 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.
Article XII - Civil Right Act of 1968
All recipients of financial assistance 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 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with
four or more dwelling units -i.e., the public and common use areas and individual apartment units (all units in
buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with
certain accessible features (see 24 CFR § 100.201).
Article XM - Americans with Disabilities Act of 1990
All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12101 - 12213).
Article XIV - Age Discrimination Act of 1975
All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42
U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving
Federal financial assistance.
Article XV - Title IX of the Education Amendments of 1972
All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments
of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States 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.
Article XVI - Rehabilitation Act of 1973
All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the
United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial assistance. These
requirements pertain to the provision of benefits or services as well as to employment.
Article XVII - Limited English Proficiency
All recipients of financial assistance 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 VI, recipients must take reasonable steps to ensure
that LEP persons have meaningful access to your programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider
the need for language services for LEP persons served or encountered both in developing budgets and in
conducting programs and activities. For assistance and information regarding LEP obligations, go to
http: / /www.lep.gov.
f
Article IV - Acknowledgement of rrderal Funding from DHS
All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with Federal funds.
Article V - Copyright
All recipients of financial assistance will comply with requirements that publications or other exercise of copyright
for any work first produced under Federal financial assistance awards hereto related unless the work includes any
information that is otherwise controlled by the Government (e.g., classified information or other information
subject to national security or export control 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, perform, disseminate, or
prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works.
The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under an award.
Article VI - Use of DRS Seal, Logo and Flags
All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal,
logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Article VII - Activities Conducted Abroad
All recipients of financial assistance will comply with the requirements that project activities carried on outside the
United States are coordinated as necessary with appropriate government authorities and that appropriate licenses,
permits, or approvals are obtained.
Article VIII - Fly America Act of 1974
All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air
Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag
air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people
and property to the extent that such service is available, in accordance with the International Air Transportation
Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision
B138942.
Article IX - GPD - Drug -Free Workplace Regulations
All recipients of financial assistance will comply with the requirements of the Drug -Free Workplace Act of 1988
(412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug -free workplace. The recipient must notify 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 are codified at 44 CFR Part 17.
Article X - GPD - Trafficking Victims Protection Act of 2000
All recipients of financial assistance will comply with the requirements of the government -wide award term which
implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §
7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal
Register, Volume 72, No. 218, November 13, 2007.In accordance with the statutory requirement, in each agency
award under which funding is provided to a private entity, 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 subrecipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in
effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced
FY12 Emergency Management Performance Grant
Agreement Articles, Assurances, Certifications, Terms, and Conditions
FEDERAL AGREEMENT ARTICLES
Article I - Administrative Requirements
The administrative requirements that apply to most DHS award recipients through a grant or cooperative
agreement arise from two sources: - Office of Management and Budget (OMB) Circular A -102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also
known as the "A -102 Common Rule "), found under DHS regulations at Title 44, Code of Federal Regulations
(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments." - OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215. The
requirements for allowable costs /cost principles are contained in the A -102 Common Rule, OMB Circular A -110
(2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of
the award. The four costs principles circulars are as follows: - OMB Circular A -21, Cost Principles for Educational
Institutions, relocated to 2 CFR Part 220. - OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225. - OMB Circular 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.
Article H - DHS Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree -and require any subrecipients, contractors,
successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing
DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with
any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and
the right to examine and copy records, accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely,
complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient
has been accused of discrimination on the grounds of race, color, national origin (including limited English
proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding
office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency
makes a finding of discrimination on grounds of race, color, national origin (including limited English
proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or
matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS
Component and/or awarding office. The United States has the right to seek judicial enforcement of these
obligations.
Article HI - Lobbying Prohibitions
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 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 any Federal action concerning the award or
renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at
31 U.S.C. § 1352.
3. AMERICANS WITH DISABIL,, IES ACT: Applicant assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or
an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code
for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the applicant has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.
Jurisdiction (Printed _
i+ 01- t1�u)�f �xacG�
ruthoriz ed Signature)
Printed Name and Title of Person Signing
SCorT L-• POS7-E=e -; FIR. L /EF
Date Executed 3
1
2
3
4
5
6
7'
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1:1
I //
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: / .202
DATED: 4 ,2013
CFDA: 97.042
Emagrncy Mnnagemenl Pcrf m =Grant
Depa`m:mt of Nomdmd seswity
COUNTY OF ORANGE, a political
subdivision of the State of California
By '—g-
Sheriff oroner
"COTMITS
APPROVED AS TO FORM:
COUNTY COUNSEL
By
DATED: 1101 r Z K 20 /Z
SUBGRANTEE: C 1TV OF Ett1POier tae/
By 4L
6COTT PbS M
F 12E d-14 iEP
ATTEST:
City Clerk
DATED: .20
Page 4 of 4
Page 4 of 83
Corm. Audit or- Controller
County ATTACHMENT B
y ud "R
DATE ISSUED: 03-10 -2014 VENDOR NUMBER: MISC TRUST 99 CHECK NUMBER: 09 -00666996
PAYMENT REQUEST INVOICE NUMBER AMOUNT
GAT 060 14001168 1 16,660.00
GY 12 EMPG
CDFA If 91.024
INVOICE: FIRE000014
NET LINE AMOUNT 16,660.00
TOT INV AMOUNT 16,660.DD
COUNTY OF ORANGE, CALIFORNIA
PAGE 1 OF 1
CHECK TOTAL 16,660.00
PLEASE DETACH BEFORE PRESENTING FOR PAYMENT
DO NOT ACCEPT THIS CHECK UNLESS YOU CAN SEE A TRUE WATERMARK - HOLD TO LIGHT TO VERIFY WATERMARK
COUNTY OF ORANGE
CHECK NUMBER
SANTA ANA, CALIFORNIA
ISSUE DATE
09- 00666996
03 -10 -2014 1.1
`'itFOS r
Trusts Revolving Fund
ME
PAY:
SDREEN THOUSAND SIX HUNDRED SIXTY DOLLARS AND OD CENTS—
$--16,660.00
'TO
CITY OF NEWPORT BEACH
ATM REVENUE DIVISION
PO BOX 1768
CHEMOVERDV %IWA0 IRE VND SIGNAMES
NEWPORT BEACH CA 92658
-8915
�
0728350
WELLS FARGO BANK
VOID UNLESS PRESENTED WITHIN 31 Y Mu' .7" F1044 DATE i- :'ISSUE
ATTACHMENT C
City of Newport Beach
BUDGET AMENDMENT
2014 -15
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations X
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 15BA -003
AMOUNT: $fs,sso.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the 2012 Emergency Management Performance Grant (EMPG), a FEMA
pass through grant that provides funding for local emergency management programs. Funds were reciepted in the previous
fiscal year.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund - Fund Balance
Description
Description
Division Number 2335 Fire - Emergency Preparedness
Account Number 82008 EMPG Grant Expenses
Signed://" 11/(
Financial Approval: Finance Director
Signed:
Administrative Approval: City Manager
Amount
Debit Credit
$16,660.00
Automatic
$16,660.00
Date
?
3CD1 Itt
Date
Signed:
City Council Approval: City Clerk Date