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HomeMy WebLinkAbout07 - Potable Water Trailer�P CiTY OF NEWPORT BEACH City Council Staff Report March 25, 2014 Agenda Item No. 7. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Murdoch, Acting Municipal Operations Department Director - (949) 644- 3011, gmurdoch @newportbeachca.gov PREPARED BY: Maurice Turner PHONE: 949 - 644 -3057 TITLE: Agreement with Municipal Water District of Orange County to Accept Potable Water Trailer ABSTRACT: The City has been offered, at no -cost, a mobile potable water source that may be used in emergency and non - emergency scenarios. RECOMMENDATION: Approve the agreement with Municipal Water District of Orange County to transfer ownership of a potable water trailer to the City, and authorize the Mayor and City Clerk to execute the agreement. FUNDING REQUIREMENTS: There is no cost to the City for the transfer. The current adopted budget includes sufficient funds for on -going costs. On -going costs will be expensed to the Water Service Maintenance & Repair account in the Municipal Operations Department, 5500 -8007. DISCUSSION: The Municipal Water District of Orange County (MWDOC) purchased thirteen potable water trailers through a grant entitled "FY2011 Urban Areas Security Initiative" (UASI) from the Federal Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the State of California Emergency Management Agency (Cal EMA) to enhance countywide emergency preparedness. These trailers have a capacity of 2,000 gallons and were made available to eleven local agencies in order to be geographically dispersed throughout the county. The agencies included are the following: Cities of Anaheim, Garden Grove, Huntington Beach, Orange and Tustin. Also included were the Water Districts of El Toro, Irvine Ranch, Laguna Beach County, Moulton Niguel, Santa Margarita and South Coast. 134 In 2013 MWDOC purchased two additional trailers with residual funding from the same grant. These trailers have been built and are ready for delivery. The City of Buena Park has committed to taking one, leaving one available for the City of Newport Beach. By accepting the trailer, the City is committed to make it available to other agencies as a mutual aid resource in the event of an emergency. The City will have first priority of this trailer and will be able to make use of it during non - emergencies. The potable water supply will be used in lieu of a traditional service bypass during repairs in order to maintain water service to homes and businesses without interruption. The City will be responsible for the maintenance, sanitary condition of the tank and potable water quality in compliance with all Federal, State and local regulations. 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). ATTACHMENTS: Description Attachment A - Agreement with Municipal Water District of OC 135 ATTACHMENT A AGREEMENT FOR TRANSFER OF EQUIPMENT (POTABLE WATER TRAILER) FOR FY2011 URBAN AREAS SECURITY INITIATIVE (UASI) THIS AGREEMENT is entered into this day of , 2013 (dated for identification purposes only) by and between the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, a municipal water district ( MWDOC) and CITY OF NEWPORT BEACH, a municipal corporation (RECIPIENT), also referred to collectively as "Parties" and individually as "Party." WHEREAS, the City of Santa Ana (CITY), acting through its Police Department, in its capacity as a Core City of the MWDOC /Santa Ana Urban Area under the FY2011 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY2011 Urban Areas Security Initiative" (UASI) from the federal Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the State of California Emergency Management Agency (Cal EMA) to enhance countywide emergency preparedness (the GRANT); and WHEREAS, MWDOC, acting through the Water Emergency Response Organization of Orange County (WEROC), is eligible to receive financial assistance under the GRANT in its capacity as the Sub - Recipient under the agreement between MWDOC and the CITY entitled "Agreement for Transfer or Purchase of Equipment/Services or For Reimbursement of Training Costs For FY2011 Urban Areas Security Initiative (UASI)" (GRANT AGREEMENT), a copy of which is attached hereto as Attachment A and incorporated herein by this reference; and WHEREAS, the terms of the GRANT AGREEMENT require that MWDOC use certain GRANT funds to purchase authorized equipment, exercises, services or training that will be 136 transferred to sub - recipients, including RECIPIENT, to be used for GRANT purposes in a manner consistent with the GRANT, as set forth in the FY 2011 Urban Areas Security Initiative Grant Program Anaheim/Santa Ana UASI Sub - Recipient Grant Guide Standard Operating Procedures, Policies and Forms (GRANT GUIDELINES), a copy of which is attached hereto as Attachment B and incorporated herein by this reference; and WHEREAS, RECIPIENT desires to acquire a potable water trailer(s) as conditioned herein and authorized by the GRANT. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. As more specifically set forth herein, MWDOC shall purchase and transfer to RECIPIENT a potable water trailer ( "TRAILER ") as specified in Attachment C, attached hereto and incorporated herein by this reference, in accordance with the GRANT GUIDELINES and the California Emergency Management Agency (Cal EMA) Fiscal Year (FY) 2011 Grant Assurances (GRANT ASSURANCES), a copy of which are a component of Attachment A and incorporated herein by this reference. When purchasing the TRAILER, MWDOC shall comply with its purchasing and bidding procedures and applicable state laws and shall meet federal procurement requirements for the GRANT as set forth in 2 Code of Federal Regulations (CFR) Part 225 "Cost principles for State, Local, and Indian Tribal Governments" and 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Further, as required by FEMA and established by the Office of Federal Procurement Policy in the Office of Management and Budget, this Agreement includes the FEMA Required Provisions specified in Attachment D, attached hereto and incorporated herein by this reference. 2. Within ten (10) days of receiving the TRAILER, RECIPIENT shall initiate action to transfer title, ownership and financial responsibility of the TRAILER from MWDOC to RECIPIENT pursuant to applicable California Department of Motor Vehicles procedures. -2- 137 3. Throughout its useful life, RECIPIENT shall use the TRAILER acquired with GRANT funds only for those purposes permitted under the terms of the GRANT AGREEMENT, and shall make the TRAILER available for mutual aid response to other governmental entities to the maximum extent practicable and when not in use by the RECIPIENT. 4. Care of the TRAILER. Once in RECIPIENT's possession and control, RECIPIENT shall exercise due care to preserve and safeguard the TRAILER from undue wear, damage or destruction and shall provide such regular maintenance, service and repairs for the TRAILER as are reasonable and consistent with responsible ownership. These shall include, without limitation, maintenance, service and repairs recommended by any warranty or owner's manual to keep the TRAILER continually in good working order. Such maintenance and servicing shall be the sole responsibility of RECIPIENT, which shall assume full joint and several responsibility for maintenance and repair of the equipment throughout the life of the TRAILER. RECIPIENT's exercise of due care as provided in this section shall include (1) the provision of a structure or other physical barrier to protect the TRAILER from direct sunlight, rain and other elements, and (2) the provision of procedures, facilities and equipment to protect the TRAILER from theft, unauthorized use and vandalism. a. At all times RECIPIENT has possession and control of the TRAILER as provided herein, it shall procure and maintain insurance against claims for injuries to persons or damage to property which may arise from or in connection with the TRAILER. The minimum scope and limits of insurance coverage shall be: i. CGL coverage (ISO Occurrence Form No. CG 0001, or equivalent); $1,000,000 per occurrence of Bodily Injury, Personal Injury and Property Damage, and $2,000,000 Aggregate Total Bodily Injury and Property Damage. ii. Automobile Liability, Any Auto (ISO Form No. CA 0001, or equivalent); $1,000,000 for Bodily Injury and Property Damage, -3- 138 each accident. b. The cost of such insurance shall be borne by the RECIPIENT. Proof of insurance acceptable to MWDOC shall be provided prior to delivery of TRAILER. C. As respects the liability insurance required herein, RECIPIENT may elect to (i) self - insure, (ii) provide coverage through a joint powers insurance authority (JPIA) duly formed under the laws of the State of California, or (iii) utilize a combination of self - insurance and JPIA coverage. Proof of self - insurance and/or JPIA coverage acceptable to MWDOC shall be provided prior to delivery of TRAILER. 5. In the event of loss, damage, disposal or theft of equipment, RECIPIENT shall notify WEROC and the CITY in writing as soon as practicable, and no later than 30 calendar days after discovery of same. RECIPIENT shall be responsible for all costs of repair. If the TRAILER is lost, stolen, or damaged beyond repair, the TRAILER shall be replaced by the RECIPIENT, at its sole cost, with equipment of like kind and capability, subject to approval by WEROC and the CITY. The RECIPIENT's liability for repair and replacement costs shall not be limited to insurance proceeds. 6. Permits. RECIPIENT shall obtain and maintain all permits, licenses, certificates or other authorizations (collectively PERMITS) necessary for storing, maintaining and operating the TRAILER as provided herein, and RECIPIENT shall pay any and all fees required for such PERMITS. RECIPIENT shall notify MWDOC immediately of any suspension, termination, lapse, non - renewal, or restriction, of PERMITS relative to the TRAILERS. Necessary PERMITS include, without limitation: a. California Department of Motor Vehicles Trailer Registration b. California Department of Public Health Food and Drug Branch Water Hauler License C. At least I Class A, Tanker Classification driver per Trailer received -4- 139 d. At least 1 vehicle of appropriate size and capacity to tow the trailer when full, per Trailer received e. All PERMITS required by State and Federal regulation, as they may change from time to time. 7. All equipment acquired or obtained with GRANT funds and transferred to RECIPIENT, including without limitation the TRAILERS: a. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of WEROC and the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the Orange County Operational Area, when not in use by the RECIPIENT; b. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan, when not in use by the RECIPIENT; C. Shall be subject to the following provisions in FEMA's "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ": 44 CFR 13.32 ( "Equipment ") and 13.33 ( "Supplies ") regarding title to, maintenance and use of, and disposition of equipment and supplies acquired under a federal grant. d. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by Cal EMA as awarding agency under the -5- 140 GRANT. e. Shall be added to the WebEOC Resource Manager system as a mutual aid resource that can be tracked, requested and deployed. f. Shall be recorded on a ledger maintained by RECIPIENT. The initial ledger shall be prepared by RECIPIENT and provided to MWDOC within 30 days of receiving the TRAILER and then biannually on a schedule set by MWDOC. The ledger, shall include: (a) description of the TRAILER, (b) manufacturer's model and serial number, if any, (c) Federal Stock number, national stock number, or other identification number, if any; (d) the source of acquisition of the TRAILER, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the TRAILER, (g) records showing maintenance procedures that been undertaken to keep the TRAILER in good running order, and (h) location and condition of TRAILER. Records constituting the ledger must be retained pursuant to 44 C.F.R. Part 13.42, and the Office of Grants & Training. g. Shall have an Anaheim/Santa Ana Urban Area ( "ASAUA ") identification decal affixed to it in a location where, whenever practicable, it is readily visible, and RECIPIENT shall not remove or obscure the decal. h. Shall have a physical inventory taken of the equipment, including the TRAILER, by RECIPIENT at least once every year, and the inventory results shall be reconciled by RECIPIENT against its equipment records. In addition, inventory shall be taken prior to any UASI, State or Federal monitor visits. 8. If the TRAILER acquired with GRANT funds becomes obsolete or unusable, RECIPIENT shall notify MWDOC of such condition. RECIPIENT shall transfer or dispose of the GRANT - funded TRAILER only in accordance with the instructions of MWDOC or the CITY in its capacity as the agency from which MWDOC received the GRANT funds. 6- 141 9. RECIPIENT agrees to comply with and be fully bound by all applicable provisions of the GRANT and Attachments A through D to this Agreement. 10. In the event MWDOC, as the result of a grant audit or other occurrence, becomes responsible for reimbursing the CITY or FEMA some portion of the funding provided for the TRAILERS, MWDOC will make every effort to minimize the amount of the trailer purchase for which funding will be disallowed. If trailer purchase costs remain unfunded despite their efforts MWDOC will look to the receiving agencies to cover these costs for the trailer(s) they receive. 11. Indemnification. Each of the Parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the Parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its directors, officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve this above- stated purpose, each Party indemnifies and holds harmless the other Party for liability that may be imposed on the other Party solely by virtue of Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. 12. Public Records Act. MWDOC and RECIPIENT are public agencies subject to the California Public Records Act (Ca. Gov. Code, § 6250 et seq.) (Act). All requests for records related to this Agreement will be handled pursuant to the Act. 13. Conflict Of Interest. Under the provisions of the GRANT AGREEMENT, MWDOC and RECIPIENT are required to include the following Conflict of Interest provisions in this Agreement. a. The RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract 7- 142 supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: i. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; ii. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or iii. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. b. Definitions: i. The tern "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. ii. The term "financial or other interest" includes but is not limited to: (1) Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. (2) Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest 143 of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor,. supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). d. The RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the RECIPIENT. e. Prior to obtaining MWDOC'S Approval of any subcontract, the RECIPIENT shall disclose to MWDOC any relationship, financial or otherwise, direct or indirect, of the 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 RECIPIENT, State of California, and Federal regulations regarding conflict of interest. g. The 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 RECIPIENT covenants that no member, officer or employee of RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with the TRAILERS during his/her tenure as such employee, -9- 144 member or officer or for one year thereafter. 14. Incorporation By Reference Of GRANT AGREEMENT. Pursuant to Section 7 of the GRANT AGREEMENT (Attachment A hereto), the terms of the GRANT AGREEMENT are hereby incorporated by reference and binding on the RECIPIENT. 15. Nondiscrimination and Affirmative Action. RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of Califomia, and the CITY. In performing this Agreement, RECIPIENT shall not discriminate in its 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 condition. 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 C.F.R. Part 60). a. If required, RECIPIENT shall submit an Equal Employment Opportunity Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR") in accordance with guidelines listed at http: // www.ojp.usdoj.gov /oor /eeop.htm. b. Any subcontract entered into by RECIPIENT relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this section. 16. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of MWDOC and RECIPIENT, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 17. RECIPIENT may not assign this Agreement in whole or in part without the express written consent of MWDOC. 18. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, RECIPIENT shall preserve and maintain to- 145 all documents, papers and records relevant to the TRAILER acquired in accordance with this Agreement. For the same period of time, RECIPIENT shall make said documents, papers and records available to MWDOC and the agency from which MWDOC received GRANT funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of RECIPIENT, upon request during usual working hours. 19. RECIPIENT shall provide to MWDOC all records and information requested by MWDOC for inclusion in quarterly reports and such other reports or records as MWDOC may be required to provide to the agency from which MWDOC received GRANT funds or other persons or agencies. 20. MWDOC may terminate this Agreement and be relieved of the delivery of any consideration to RECIPIENT if (a) RECIPIENT fails to perform any of the covenants contained in this Agreement, at the time and in the matter herein provided, or (b) MWDOC loses funding under the GRANT. If at any point WEROC/MWDOC or the CITY reasonably believes that RECIPIENT is in breach of this Agreement, MWDOC may send a Corrective Action Notification Letter to RECIPIENT identifying the breach and the corrective actions that are needed. If corrective actions are not taken within the time frame stated in the letter, further actions by MWDOC or the CITY may include repossession and reassignment of the TRAILER in cooperation with the Anaheim/Santa Ana UASI grant office, invoicing of the CITY for costs attributable to breach of the Agreement, and denial of participation in future UASI grant projects. 21. RECIPIENT and its agents and employees and independent contractors shall act in an independent capacity in the performance of this Agreement, and shall not be considered officers, agents or employees of MWDOC or of the agency from which MWDOC received GRANT funds. 22. In the performance of this Agreement, RECIPIENT and its governing body, officers, agents and employees shall comply with by all applicable federal, state and local laws, including all applicable statutes, regulations, executive orders and ordinances. IN WITNESS HEREOF, the MUNICIPAL WATER DISTRICT OF ORANGE 146 COUNTY and the CITY OF NEWPORT BEACH have executed this Agreement through their authorized representatives on the date first set forth above. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 0 Robert J. Hunter General Manager APPROVED AS TO FORM: BEST BEST & KRIEGER LLP M Russell G. Behrens Legal Counsel Its: iz- THE CITY OF NEWPORT BEACH 0 Rush N. Hill, II Mayor CITY ATTORNEY By: ay =� Aaron C. Harp ATTEST: City Clerk i[f7 ATTACHMENT A AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2011 URBAN AREAS SECURITY INITIATIVE (UASI)" BETWEEN THE CITY OF SANTA ANA AND MWDOC, DATED DECEMBER 14, 2011 A -1 148 ATTACHMENT B FY 2011 Urban Areas Security Initiative Grant Program Anaheim/Santa Ana UASI Sub - Recipient Grant Guide Standard Operating Procedures, Policies and Forms A -2 149 ATTACHMENT C Trailer to be Transferred The equipment to be transferred is a 2,000 gallon potable water trailer with electric brakes, a Honda GX160 engine [4.8 hp] coupled to a BANJO PB205 poly pump, a ten spigot manifold and lighting for nighttime operations. The trailer to be transferred will be accompanied by a Certificate of Registration and California Department of Motor Vehicles Permanent Trailer Identification (PTI) License Plate. The following chart provides a listing of the trailers being transferred and the associated agency receiving each. CALIFORNIA EXEMPT VEHICLE IDENTIFICATION NUMBER I LICENSE PLATE B -1 150 ATTACHMENT D FEMA REQUIRED PROVISIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by MWDOC, the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, RECIPIENT shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, RECIPIENT shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of RECIPIENT, upon request during usual working hours. b. RECIPIENT shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All RECIPIENTs of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds RECIPIENT pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The RECIPIENT agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) RECIPIENT must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - 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, or otherwise in violation of the provisions of the "Hatch Act" (see 5 U.S.C. 1501 -1508 and 7324 - 7326). E. Civil Rights Compliance and Notification of Findings - RECIPIENT will comply, and all its contractors (or sub recipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal C -1 151 or State administrative agency, or the RECIPIENT makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a RECIPIENT of funds, the RECIPIENT will forward a copy of the findings to MWDOC which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g RECIPIENT will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. h. RECIPIENT will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. i. RECIPIENT will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. RECIPIENT will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. k. RECIPIENT will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. I. RECIPIENT agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. m. RECIPIENT may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. C -1 152