HomeMy WebLinkAbout09 - Urban Areas Security Initiative UASICITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
February 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Steve Lewis, Fire Chief, 644 -3101
slewis()citv.newport- beach.ca. us
SUBJECT: Acceptance of Urban Areas Security Initiative (UASI)
Grant Transfer Agreement
RECOMMENDATION:
1. Accept UASI Grant transfer agreement training funds in the amount of $48,666 and
a supplement approval of $5,335 for a total of $54,001 to be utilized for
reimbursement training costs associated with approved Department of Homeland
Security (DHS) courses for emergency personnel.
2. Authorize the Fire Chief as the designee to sign the FY06 Transfer Agreement
Contract.
3. City Council approve a Budget Amendment BA_ increasing revenue estimates
by $54,001 in 1820 - 48661, UASI Grant, and increasing expenditure appropriations
by $54,001 in 7014- C1820973.
DISCUSSION:
The Urban Area Security Initiative (UASI) grant was established in 2003, by the
Department Homeland Security (DHS) to provide funding for training and
equipment for emergency personnel. 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 jointly awarded
approximately $12 million dollars in the fiscal year 2006. Both UASI cities and
the County of Orange have teamed up to forge one of the most cohesive,
focused, and regional partnerships anywhere in the nation.
The City of Newport Beach falls within the Santa Ana UASI area, administered by the
City of Santa Ana. The Santa Ana UASI has set aside a total of $54,001 for the City
of Newport Beach for reimbursement costs associated with training emergency
personnel including Fire, Police, and EOC staff. The funds for the UASI grant will
reimburse the City for any training costs incurred such as tuition, overtime, back fill,
Agenda Item No.
February 27, 2007
Page 2
and travel expenses for approved courses. No matching funds are required to accept
this grant.
Additionally, with this grant, the City is eligible to receive UASI grant funds for
preparedness and response equipment. To date, the City has already received
the following equipment with UASI funds: Personal Protection Equipment (PPE)
for all first responders, Radio Communications 800 MHz enhancements, Fire
dispatch integration (Study to integrate CAD to CAD), mobile radios, and a
Mobile Command Vehicle.
Prepared by:
atie Freeman
Emergency Services Coordinator
Attachments: Budget Amendment
Submitted by:
o
Steve Lewis
Fire Chief
City of Newport Beach
BUDGET AMENDMENT
2006 -07
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:
NO. BA- 07BA -049
AMOUNT: $54,001.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations and revenue estimates to accept UASI grant transfer agreement funds for
reimbursement of training costs associated with Department of Homeland Security courses for emergency personnel.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
1820 48661
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
PD Support Svcs - UASI Training Grant
Amount
Debit Credit
$54,001.00
Signed:
Signed:
Signed:
Services Director
Manager
City Council Approval: City Clerk
a -a/-0 �
Date
Date
Date
Description
Division
Number
7014 Misc. & Studies
Account
Number
C1820973 UASI Grant Transfer Agreement $54,001.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
" Autwoatic System Entry.
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Signed:
Signed:
Signed:
Services Director
Manager
City Council Approval: City Clerk
a -a/-0 �
Date
Date
Date
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2. Prior to making any purchase of equipment or services, SUBGRANTEE shall obtain
I written approval from ANAHEIM in a form to be mutually agreed upon by ANAHEIM and I
ISUBGRANTEE.
3. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with Grant
Ifunds only for those purposes permitted under the terms of the Grant, and shall make any equipment I
purchased or transferred to SUBGRANTEE under the Grant available for mutual aid response to other
governmental entities in emergency situations to the maximum extent practicable.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its
possession or control acquired with Grant funds from damage or destruction and shall provide regular
maintenance and such repairs for said equipment as are necessary, consistent with any warranty or
owner's manual, in order to keep said equipment continually in good working order. Such maintenance
and servicing shall be the sole responsibility of SUBGRANTEE, which shall assume full responsibility
for maintenance and repair of the equipment throughout the life of said equipment.
5. If equipment acquired with Grant funds becomes obsolete or unusable, SUBGRANTEE
I shall notify ANAHEIM of such condition. SUBGRANTEE shall transfer or dispose of Grant- funded
Iequipment only in accordance with the instructions of ANAHEIM or the agency from which ANAHEIM
received the grant funds.
11. REROBURSEMENT OF TRAINING COSTS
1. SUBGRANTEE has been allocated the sum of $48.665:84 to be used for
training purposes pursuant to the provisions of Attachment A and this Agreement for which
SUBGRANTEE may seek reimbursement from ANAHEIM in accordance with the tern's and conditions
of this Agreement. Any training expenditure that exceeds the amount allocated to SUBGRANTEE
shall be the sole responsibility of SUBGRANTEE.
2. If additional Grant funds become available for training purposes or if training funds are
reduced, ANAHEIM shall notify SUBGRANTEE, in writing, of the revised training budget.
SUBGRANTEE shall be responsible for limiting training for which it seeks reimbursement so as not to
exceed its revised allotment.
3. Prior to incurring any expense for training for which reimbursement will be sought
pursuant to this Agreement, SUBGRANTEE shall obtain written approval from . ANAHEIM-
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' SUBGRANTEE shall complete the State of California, "Request for Training Form," and submit a copy
I of the same, with the tracking and feedback number, to ANAHEIM. The, "Request for Training Form"
I is found at http:// www. calguard. ca .gov /cajs- hs /nonslgcpForTn.htm.
4. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ("ODP')
approved classes qualify for reimbursement.
5. SUBGRANTEE agrees to comply with Attachments A and C in seeking reimbursement
for training, including, but not limited to the overtime and backfill requirements as outlined in
Attachment A.
III. GENERALTROVISIONS
1. SUBGRANTEE shall submit an invoice for equipment or services, or in the case
training, a training reimbursement application in the form attached hereto as Attachment D and
incorporated herein by reference, to ANAHEIM as soon as practical, but in no event later than thirty
(30) days after receipt of the invoice or completion of the training.
2. ANAHEIM shall have sixty (60) days from receipt of an invoice or training
reimbursement application to reimburse SUBGRANTEE, provided, however, that such time may be
extended until such time as the Office of Homeland Security ("OHS") issues payment to the ANAHEIM
for such expenditure by SUBGRANTEE. ANAHEIM shall not be obligated to reimburse
SUBGRANTEE for the.purchase of any equipment or services or for any training unless and until it
receives funds for such reimbursement from OHS.
3. SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of
the Grant and Attachments .A through C to this Agreement, and shall be fully responsible for payment of
items purchased or for any training costs that do not adhere thereto.
4. In the event of an audit of purchases made or training undertaken with Grant funds by
any authorized agency, SUBGRANTEE agrees to cooperate fully with such audit. If such audit
disallows payment to ANAHEIM in whole or part for any item procured for or by SUBGRANTEE or
for any training costs incurred by SUBGRANTEE and requires ANAHEIM to reimburse the Grantor,
SUBGRANTEE shall, within thirty (30) days of notification by.ANAHEIN1 of such audit determination,
to ANAHEIM any amount for which reimbursement to ANAHEIM was disallowed.
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5. SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the
agency from which ANAHEIM received grant funds, and their 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 the terms of the Grant;
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.
6. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of both parties hereto, and no oral understanding
or agreement not incorporated herein shall be binding on any of the parties hereto.
7. SUBGRANTEE may not assign this Agreement in whole or in part without the express
I written consent of ANAHEIM.
8. For a period of three years after final delivery 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 equipment acquired or training undertaken in accordance
with this Agreement. With respect to training, such documents, papers and records shall include those
relevant to the training costs, overtime, backfill, travel costs and per diem expenses. For the same
period of time, SUBGRANTEE shall make said documents, papers, and records available to ANAHEIM
and the agency from which ANAHEIM received Grant funds or their duly authorized representative(s),
for examination, copying, or mechanical reproduction on or off the .premises of SUBGRANTEE, upon
request during usual working hours.
9. SUBGRANTEE shall provide to ANAHEIM all records and information requested by
ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM may be
required to provide to the agency from which ANAHEIM received Grant funds or other persons or
agencies.
10. ANAHEIM may terminate this Agreement and be relieved of .the delivery of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, at the time and in the matter.herein provided, or b) ANAHEIM loses funding under
he Grant..
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11. SUBGRANTEE 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 ANAHEIM or of the agency from which ANAHEIM received Grant funds.
12. In the performance of this Agreement, SUBGRANTEE and its officers, agents,
employees shall comply with by all applicable federal, state and local laws, including all applicable
statutes, regulations, executive orders and ordinances.
IN WITNESS WHEREOF, the parties have executed this Agreement iri the City of
Anaheim, County of Orange, State of California:
DATE OF EXECUTION: CITY OF ANAHEIM,
DATE OF EXECUTION:
APP VED AS TO FORM:
4
APPROVED AS TO FORM:
Cristina L. Talley
Sr. Assistant City Attorney
a m 'eip 1 c k ration,
B
Chief of Police
W.M.PrITIM
By 1 -.
Printed NameSlr EtAk)4
Title 1 i t aitc
" SUBGRANTEE"
Attachment 8
FY06 Santa Ana UASI Allowable Purchase Pre-Approval Form
FY06UASlGrant#2006-rx,,,7t
Page I of 2
Requesting Agency: The Cif ,2L Newport each Agreement 4: A - z
Point of Contact (POC): Paul Matheis —Newport Beach Fire Department
Title: Division Chief
Address: 33(30' 9eimpoxt Blvd, %betyp�it Beath, CA 9265$
Phone: A219
E-Mail:
FY06 UASI Project Name: FY06 Training Allocation
Amount Requested: 55,335
A detailed description of the itctn(s), service(s) or training being requested must be attached
to this request using the Description Page,. This description- should also include a detailed
list of all costs associated with the request,
Submitted By.
(Awthwind Amy awmx aav es Paul D.
Title' Fire Div
`7/> 4- /1/
January 17, 2007
"I
Recommended For Approval: &Yes . ❑ NO
Amount Authorized ,4s -3 -3s-
tl� . W.F : — 01
Authori2ed by. Paul M. Walters Chief of Police
Office of Homeland Security
Gram Assurances
(All Applicants)
NameofApplicant :_._.,,Anaheim /Santa Ana
6201 E. Santa Ana Canyon Road
City.- Anaheim - -, -- State: CA Zip Code: 92808
_. Telephone Number: 7�-) 765 -3879
Fax Number: ( 714) 765 -3890 .__._
&Mail Address: coconno0anaheim. net
As the duly authorized representative of the applicant, ) certify, that the'applicam named above:
1. Has the legal authority to apply for federal asdistanco, and has the institutional, managerial, and
financial capability to ensure proper planning, management and completion of the grant provided
by the federal Department of Homeland Security and- .sub - granted through the State of California.
2. %ill assure that grant funds are only used for allowable, fair, and reasonable costs.
3. Will give the federal government, the General Accounting Office, the Comptroller General of the
United States, the State of California, through any authorized representative; access to and the
right to examine all paper or electronic records, books, papers, or documents related to the award;
and will establish a proper accounting system in accordanee.with generally accepted accounting
standards or awarding agency directives.
4. Will provide progress repotts:and such other:iufommation as maybe required by the awarding
agency.
5. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal: ar organizational conflict ofntterest; or personal
gain for themselves or others, particularly those with whom they have family, business or other
ties.
FY06 Homeland Security Grant Progiam Page 43
7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 at seq.) which prohibits the use of lead based paint in construction or rehabilitation of .
residence structures. Will comply with all.federal statues relating to nondiscrimination. These
include 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 race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683 and
1685- 1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which
prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 -6107) which
prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255) as amended, relatingto
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 alcobolism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee
3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S:C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing;
i. Title 28, Code of Federal Regulations, Pan 42, Subparts C, D, E and G;
j. Title 28, CPR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which application
for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
8. Will comply, or has already complied, with the requirements of Tides H and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 eseq.
(P.L. 91 -646) which provides 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 interested in real property acquired for project purposes regardless of federal
participation in purchases.
9: Will comply, if applicable, with the. flood insurance purchase requirements of Section 1022 4). of
the Flood Disaster Protection Act of 1073 (P.L. 93 -234) which requires recipients in aspecial
flood hazard area to participate in the program and. to purchase flood insurance if the total coat of
insurable construction and acquisition is $10,000 or more.
10.
Will comply with environmental standards which may be prescribed pursuant to the following:
a. institution ofenvironmcntal. quality control measures under the National Enviromnental
Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514;
b, notification of violating facilities pursuant to EO 11738;
e'. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with BO 11988;
e, 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.);
f conformity of federal. actions to State (Clean Air) Implementation Plans under Section
FY06 Homeland Security Grant Program
Page 44
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 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).
California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080 - 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000 - 15007.
triply with the wild and Scenic Rivers Act of 1968 (I6 U.S.C. §§ 1271 et.seq.) related to
ing components or potential components of the national wild and scenic rivers system.
sist the awarding agency in assuring compliance with Section 106 of the National Historic
•ation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation
iric properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
ct sail.
imply with Standardized Emergency Management System (SEMS) requirements.as stated
'atifomis Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2,
18607. 1 (a) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
Iuested through the State of California, federal financial assistance to be used to perform
work approved in the applicant's application for federal assistance, Will, after the receipt
ral financial assistance, through the State of California, agree to the following:
Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
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.
Separately account for interest earned on grant hinds, and will return all interest earned, in
excess of $100 per federal fiscal year.
rmply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 47284763)
to prescribed standards for merit systems for programs funded under one of the nineteen
s or regulations specified in Appendix A of OPM's Standards for a Merit System of
nel Administration (5 CY R, 900, Subpart 1).
amply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324.7328)
limit the political activities of employees whose principal employment activities are.fimded
)lc or in partwith federal funds.
omply with P.L. 93 -348 regarding the protection of human subjects involved in reseaich,
ipment, and related activities supported by this award of assistance.
amply, if applicable, with the Laboratory Animal welfare Act of 1966 (P. L. 89-W, as
led, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
is held for research, teaching, or other activities supported by this award of assistance.
ind Security Grant Program Page 45
i
19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non - profit organizations.
20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a -7), the Copeland.Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor
standards for federally assisted construction sub- agreements.
21. Will not make any award or permit any award- (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
22. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of 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 officer or an employee of Congress, or employee of a Member of
Congress in connection with the federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL, "Disclosure ofLobbying Activities," in
'—' accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under grants
and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and
disclose accordingly.
d. 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.
23. Agrees that equipment acquired or obtained with grant - funds:
a. Will 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 agencies within the
jurisdiction of the applicant
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
c. Will 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 Enfomemcat Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan,
FY06 Homeland Security Grant Program Page 46
24. Agrees that fimds awarded under this grant will be used to supplement existing funds for program
activities, and will not supplant (replace) non - federal funds.
25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A -21, A -87, A102, A -110, A -122, and A -133, 13.0. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in
Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and
use of Federal funds for this federally- assisted project.
26. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable
Federal laws, orders, circulars, or regulations.
27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including
a. Part 18, Administrative Review Procedures;
b. Part 20, Criminal Justice Information Systems;
c. Part 22, Confidentiality of Identifiable Research and Statistical Information;
d. Part 23, Criminal Intelligence Systems Operating Policies;
e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Govmnmont
Services;
�-' g. Part 38, Equal Treatment of Faith -based Organizations;
h. Part 63, Floodplain Management and Wetiand Protection Procedures;
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures;
j. Part 61, Procedures for Implementing the National Environmental Policy Act
L Part 54, Floodplain Management and Wetland Protection Procedures; and Federal laws or
regulations applicable to Federal Assistance Programs.
1. .Part fib, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
m Part 67, Government -Wide Debarment and Suspension (Non- Procurement)
a. Part 69, New Restrictions on Lobbying
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub - awards) with Institutions of Higher Leaming, Flospitats:and other
.Non -Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants)
28. Will 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 Pi'otet tion 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.
FY06 Homeland Security Grant Program Page 47 -
29. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
30: Will, in the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion,
national origin, sex, or disability against a recipient of fiords, the recipient will forward a copy of
the finding to the Office of Civil Rights, Office of Justice Programs.
31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
32. Will comply with the financial and administrative requirements act forth in the current editionof
the Office of Justice Programs (OJP) Financial Guide.
33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97 -348)
dated October 19, 1982 (16 USC 3501 ct seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
34. Will comply with all applicable requirements of all other federal laws,.executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
35. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
36. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR -Part 67,
Section 67.510
A. The applicant certifies that it and its principals:
(a) Arc not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had
a civil judgment tendered against them for commission: of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing apublic (Federal, Sainte, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlcment.8meft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year
period preceding this application had one or mom 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
v shall attach an explanation to this application.
FY06 Homeland Security ($ant. Program Page 48
38. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for grantees, as defined at 28 CFR Pan 67 Sections 67.615 and 67.620
A. The applicant certifies that it will 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 isprohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an on -going 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 -five 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 terms of the statement; and
(2) Notify the employer in writing of his other 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 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employceamust provide notice, including . position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531.
Notice shale 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 assistanco or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
Homeland Security Grant Program I Page 49
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation ofparagraphs (a), (b), (c), (d), (e), and (f).
V
As the duly authorized representative of the applicant, I bereby certify that the applicant will comply with
the above certifications.
The undersigned represents that he /she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent
Printed dame of Authorized Agent: Chuck O'Connor
Title; Homeland Security Director Date; June 27, 2006
Homeland Security Grant Program Page 50