HomeMy WebLinkAbout05 - Fiscal Year 2010 Homeland Security Grant Program SECURITY GRANT PROGRAM TRANSFER AGREEMENTCITY OF
U S
NEWPORT-7 BEACH
C9C /F00.N�P City Council Staff Report Agenda Item No. 5
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Michael Morgan, Interim Fire Chief
949 - 644 -3101, mmorgan @nbfd.net
PREPARED BY: Katie Eing, Emergency Services Coordinator
APPROVED: JZ=2
TITLE: APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY
GRANT PROGRAM TRANSFER AGREEMENT
ABSTRACT:
In order for the City of Newport Beach to receive future expenditures from the FY10
Homeland Security Grant Program (HSGP), we must establish a transfer agreement
between the City and the Orange County Sheriff's Department.
RECOMMENDATION:
Adopt Resolution No. 2011 -_ approving the Transfer Agreement for Fiscal Year 2010
Homeland Security Grant Program purposes ( "Transfer Agreement ") and authorizing
the Police Chief, the Fire Chief, and City Manager to act as the "Authorized Agents" to
execute for and on behalf of the City any actions necessary to implement the Transfer
Agreement and obtain federal financial assistance provided by the Federal Department
of Homeland Security and sub - granted through the State of California.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Orange County Sheriff's Department, acting on behalf of the Orange County
Operational Area, has requested that the City Council approve the Transfer Agreement
Letter for the Fiscal Year 2010 Homeland Security Grant Program funds. The Transfer
Agreement Letter includes:
1. Agreement to Transfer Property or Funds for the 2010 Homeland Security Grant
Program Purposes. This Agreement requires the signature of an "Authorized
APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM TRANSFER
AGREEMENT
September 13, 2011
Page 2
Agent" and the City Clerk and approval as to form the Office of the City Attorney.
This Agreement encompasses the following grant programs:
o State Homeland Security Grant Program (SHSP)
Metropolitan Medical Response System (MMRS)
2. FY 10 California Supplement to Federal Program Guidelines.
3. Attachment B — Approved Project Descriptions.
4. Governing Body Resolution - This document requires execution by the City
Council naming one to three authorized agents. Authorized agents are allowed
to sign documents on behalf of the City.
5. Office of Homeland Security Grant Assurances — This document requires the
signature of one of the authorized agents named in the Governing Body
Resolution.
Three (3) original documents are to be returned to the Orange County Sheriff's
Department after signature.
Funding from this grant will allow the County and all cities in the County Operational
Area to acquire the following:
1. Strengthen Communication Capabilities - This project remediates five (5) gaps
identified in the Operational Area interoperable communications. These include:
1) Operational Area Radio Expansion and Upgrade
2) WebEOC Enhancements
3) EOC Communications Coverage Enhancement
4) Regional Command Vehicle (Fire)
5) Regional Command Vehicle (Law)
2. Oil Spill Annex Revisions
3. Laser, High Definition, 3D, Scanning System
4. Strengthen Information Sharing, Collaboration Capabilities, and Law
Enforcement Investigations
5. Strengthen Medical & Public Health Preparedness
6. Secure Strategic National Stockpile Warehouse
7. Enhance and increase citizen preparedness and training volunteers for
emergency response and recovery
8. Enhance Statewide training and exercise programs across all mission areas
within California
9. Homeland Security Exercise, Evaluation, and Training
APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM TRANSFER
AGREEMENT
September 13, 2011
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Michael Morgan
Interim Fire Chief
Attachments: A. Transfer Agreement Letter
B. Council Resolution
0
SHERIFF - CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA SANDRA HUTCHENS
SHERIFF - CORONER
June2,2011
Dear Su or Madame:
The Orange County Sheriff - Coroner Department (Sheriffs Department), acting on behalf of the
Orange County Opetutional Area, has received authorization. to begin spending of FY10 Homeland
Security Grant Program (`FISGP ") funds. These funds include:
- State Homeland Security Grant Program (SHSP), and
- Metropolitan Medical Response Systems (1MRS).
]a order to reimburse you for any future expenditures you maybe approved for relating to the FY IO
HSGP, we need to establish a transfer agreement between our agencies. For this purpose, enclosed
please find a CD Containing the Agreement to Transfer Property or Funds for 2010 Homeland
Security Grant Program ('Agreement'), along with attachments A, B and C. Below is a brief
description of the components of these Agreements and needed actions associated with them:
Transfer Agreement, plus attachments
Please have your amborized agent sign page
4 of the Agreement
Please have your City Clerk sign and seal
pa Re 4 of tho Agreement
Attachment A:
FY10 California Supplement
included for reference
to Federal Program
Guidelines
Attachment B:
Approved Project
IIncluded for reference
Descri ons
Attachment C:
FYLOGrantAssuanccs
Iplease have your authorized s &cm sign
Governing Body Resolution (sample is
Provide a copy of your Governing Body
attachment A page
23
Resolution
Please return the following to my attention at the address below:
o Three (3) completed copies of the agreement, including assurances;
o Copy of travel policy;
o Copy of purchasing policy; and
o Documentation of'NIMS compliance.
2644 SANTIAGO CANYON ROAD, SILVERADO, CA 928784719 (714) 626.7856
4nt�7Vly wtAout romptan+[se. $Nrrr adore aa1%�W NeP°t fovmnµ °fdrrtg,
4/l�ldsneo In "�yycv6A� we °°"wuu.r�r
Page 2 of 2
Ame 7., 2011
Please retain one complete cof>y of the submission for you records. Upon receipt of the
agreements, the Sheriff will provide the final siguatwr and we will return an original, fully-
executed agreement to you,
If you have fury qucstions or need additional information, please Contact tic at
mLdmon @ oestl.org or 714 -628 -7158.
Sincerely,
Michelle Anderson
Assistant rutergency Manager, Notneland Scearity Division
Orange County Sheriff's Department
2644 Santiago Canyon Road
3iivcmdo, CA 92676
RESOLUTION NO. 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING THE TRANSFER AGREEMENT FOR FISCAL YEAR 2010 HOMELAND
SECURITY GRANT PROGRAM PURPOSES ( "TRANSFER AGREEMENT ")
BETWEEN THE CITY AND THE COUNTY OF ORANGE AND AUTHORIZING THE
POLICE CHIEF, THE FIRE CHIEF, AND CITY MANAGER TO ACT AS THE
"AUTHORIZED AGENTS" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS
NECESSARY TO IMPLEMENT THE TRANSFER AGREEMENT AND OBTAIN
FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT
OF HOMELAND SECURITY AND SUB - GRANTED THROUGH THE STATE OF
CALIFORNIA.
WHEREAS, the City of Newport Beach ( "City) has partnered with the County of
Orange ( "County ") and other cities located within the County to participate in the Fiscal
Year 2010 Homeland Security Grant. The City of Newport Beach has requested
property available to it under this grant that will be used for the public safety of its
citizens.
WHEREAS, the Orange County Sheriff's Department is the administrator of the
Fiscal Year 2010 Homeland Security Grant. The City is required to sign a Transfer
Agreement Letter and the Homeland Security Grant Assurances. The Sheriff's
Department requires the naming of one to three authorized agents from within the City
to sign these documents on behalf of the City.
NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City
of Newport Beach:
Section 1: Approve the Transfer Agreement for Fiscal Year 2010 Homeland Security
Grant Program purposes ( "Transfer Agreement ") between the City and the County
attached hereto as Exhibit 1.
Section 2: Authorize the City Manager, Police Chief, and Fire Chief to act as the
"Authorized Agents" to execute on behalf of the City any actions necessary to
implement the transfer agreement and obtain federal financial assistance provided by
the federal Department of Homeland Security and sub - granted through the State of
California.
Section 3: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
Adopted this 13th day of September, 2011.
�ITil_\'N7:7
ATTEST:
CITY CLERK
Attachment: Exhibit 1
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0
AGREEMENT TO 'TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this 1 -3 day of SP� �� IUQ 201L, 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
(2; , i�ff &aLG. a (municipal corporation/special districtlnot-for-
profit corporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff - Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a ;rant
from the State of California, acting through its California Emergency Management Agency, to enhance
county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant
documents that are attached hereto as Attachments A (NY 10 CA Supplement to Federal Program
Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) and
incorporated herein. by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment wehnology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBORANTEE equipment, technology or services that COUN'T'Y has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
after acquisition by COUNTY as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRAMIEE shall use said
grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
to perform such other grant functions, if any, for which Attachments A, B and C permit SU:BGRANI T.EE'
CODA; 97.067
Homeland Security Grant Program
Department of Homeland Security Page I of
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to expend grant funds. SUBGRANTEE shall provide COUNTY with abudget breakdown signed by flee
authorized agent.
3. Tluoughout its useful life, SUBGRANNTEE shall use any equipment, technology or
iervices acquired with grant funds only for those purposes permitted under the terms of the grant, and
sball make it available for mutual aid response.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
cquipmem as are necessary, in order to keep said equipment in continually good working order. Such
maintenance and servicing shall be the sole responsibility of the SUBGRAINTEB, who shall pay for
nateriat and labor costs for any maintenance and repair of the said equipment throughout the life of the
;aid equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
technologies and/or services.
6. If equipment acquired with grant fiords becomes obsolete or unusable, SUBGRANTEE
shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant- funded
equipment only in accordance with the instructions of COUNTY.
7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY 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
SUBGRAtNTFE's use of grant - funded equipment, technology or services and SUBGRA.NTEE's
performance of this Agreement, including Attachments A, B and C hereto, and from any and a1L claims
and losses accruing or resulting to any person, 'firm, or corporation who may be injured or damaged by
SUBGRANTEE in SUBGRANTEE's use of grant - funded equipment, technology or services and
SUBGRAINTEE's performance of this Agreement, including Attachments A, B and C hereto.
S. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
by all applicable provisions of Attachments A. B and C hereto. SUBGRANTEE shall notify COUNTY
CFDA: 97.067
Homeland Security CuaatProaam
Deparaaent of Homeland Security Paget of4
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immediately upon discovery that it has not abided or no longerwill abide by any applieable provision
Attachments A, D and hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
general with respect to this Agreement fbr a perod of three years after final payment
5 l lbereunder
6 10. No ahem = oz varialWn of the laws of this Agreement sluil: be valid t uuss made in
7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
8 agreement nct incorporated herein shall be binding on any of the parties hereto.
9 11. SI.BGRANTEE may not assign this Agreement in wholc or in part without frtc cxprces
10 written uxmsentofCOUNTY.
11 12. Fo- a period of three year after final payment hereunder or unfit all claims related to tais
1.2 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
13 documents, papors and records relevant to the work performed or property or equipment acqui_ed in
A accordance with this Agreoment, including Attachments A, B and C hereto. For the saute time period,
15 StJBGF_k_NT'EF+ shall make said documents, papers and records available to COUNTY and the agency
16 from which COUNTY received grant funds or their duly authorized ropreseatative(s), for examination,
17 copying, or mechanical reproduction on or off the premises of SUBORA \TBE, upon request during
1b usual worUng hours.
19 13. SUBGRANTuE shall provide to COUNTY all records and information recuested by
20 COU= for inclusion in quarterly rcpor.s and such other reports or records as COUNTY may be
21 required Uo provide to the agency from which COUNTY received grant funds or other persons or
22 agencies.
23 14. COUNTY may terminate this Agreement and be relieved of the payment of any
24 consideration to SUBOR.4NTDE if a) SUBCRANTEE fails to perfonn any of the covenants contained
25 in this Agreement, hreladirtg Attachments A. B and C hereto, at the time and in the matter herein
26 provided, or b) COC7v'TY loses funding under the grant- In the event of termination, COUNTY may
27 proceed w th the work in any manner deemed proper by COUNTY.
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CFDA: 97.1767
Homeland Secmity Grant Program
1xPu nneirL Oa- 0aoland SuUmity Pate oN
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole A. Sims, Deputy
DATED: _ 201_
DATED:
ATTEST:
By
City Clerk
DATED:
201
CFDA: 97.067
Homeland Security Graut Progam
Department of Homeland Security
201_ COUNTY OF ORANGE, a political
subdivision of the State of California
Sheriff- Coroner
"COUNTY"
M
Page 4 of 4
Name of i
Address:
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
City: /IPta)p2r+��Qjj�t� State: Zip Code: V69E?
Telephone Number. %Y`i 61111 -31oI Fax Number: Q4-1 3Y( S
E -Mail Address:
As the duly authorized representative of the applicant,.I certify that the applicant named above:
1. Will assure that grant funds will support efforts related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies.
2. Has the legal authority to apply for Federal assistance and has the.institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the U.S. Department of Homeland Security (DHS)lFederal Emergency Management Agency
(FEMA) and sub- granted through the State of California, California Emergency Management
Agency (Cal EMA).
3.. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between grant programs (for example: State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
fiscal years.
4. Will comply with any cost sharing commitments included in the FY2010 Investment
Justifications submitted to DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office; the Comptroller General of
the United States, the State of California, the Office of Inspector General, through any authorized
representative, access to, and the right to examine, all paper or electronic records, books, or
documents related to the award; and will establish a proper accounting system in accordance
with generally accepted accounting standards and/or awarding agency directives.
6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security. Advisory Council (HSAC) Fusion Center Guidelines, follow. the Federal and State
approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by
the Fusion Capability Planning Tool.
7. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISiP) within 45 (forty-five) days of
the award, and update via the Chant Repnrting Tool (GRT) hvice each year.
8. Will initiate and complete the work within the applicable time frame alter receipt of approval
from Cat EMA.
9. Will maintain procedures to minimize the time elapsing between the award of fmrds and the
disbursement of funds.
10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Go=vernments, including the payment of interest earned on advances.
1 i. 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 for themselves or others, particularly those with whom they have family, business,
or other ties.
11 understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from DFIS/FEMA/Cal EMA.
11 Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority-
owned, women - owned, or disadvantaged business concems and contractors or subeontractor& to
the extent practicable.
14. Will notify Cal EMA of any developments that have a significant impact on award- snpported
activities, including changes to key program staff.
15. .Will comply, if applicable, 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
stuomtts.
16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrinihmion.
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 mce, color or national origin.
b. Title TK of the Education Amendments of 1972, as amended (20 U.S.C. § § 1681.1683
and 1685- 1686), vvhichprohibits discrimination on the basis of gender.
C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
pmhibits discrimination on the basis of handieaps.
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 (PS,. 92 -255), as amended, relating to
nondiscrimination on the basis of drag abuse.
C The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on
Ore basis of alcohol abuse or alcoholism.
/r
,Paget elnitis!
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. § 360I et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. 'title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
L Will, in the event that 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, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
ur. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of tlue
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
17. Will comply with the requirements of Titles H and 111 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [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. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally - assisted programs.
18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special .
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and. acquisition is ten thousand dollars ($10,000) or more.
19. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Loral EHP requirements
and obtain applicablepermits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review, any cliange to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
20. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS /FE- MA/Cal EfAA, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, and purchase and/or use of any sonar equipment. The subgrantee must
comply with all conditions placed on the project as a result of the EHP review. Any construction-
related activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA
funding. Any change to the scope of work will require re- evaluation of compliance with the
ET3P. If ground- disturbing activities occur during the project implementation, the subgrantee
must ensure monitoring of the disturbance. If any potential archeological resources are
Page 3 .
discovered, cbo cubgranteo will immediately cease activity is that area and notify
DHMMAICal EMA and the appropriate State Historic Preservation Office,
21. Will ensues that the facilities under its ownership, lease or supervision, which shall he utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAS)
List of Violating Facilities, and will notify Cal 1uPilA and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consid ration for listing, by the EPA.
22. Will provide any informationrequestcd by DES /FEMAICal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Envuorimental
Policy Act, National Historical Preservation Act, Archaeological and Historic
PresereationAct, Endangered Species Act and Executive Orders on lloedplains
(11988), Wedands (11990) and Environmental Justice (EO12898) and Environmental
Quality (BO 11514).
b. Notification of violating facilities pursuant to EO 11738.
c. Assu ance Of consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(e) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 or scot),
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (PS.. 93 -523),
f. California Environmental Quality Act (CEQA). CalilomiaPublic Resources Cods
Sections 21060- 21098, California Code of Regulations, Title 14, Chapter Section
15000- L5005.
S. Wild and Sccnio Rivers Act of 1958 (16 U.S.C. §§ 1271 el.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
It. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October
19, 1952 (16 USC 3501, of seq.) winch probibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
23. Will comply with Standardised Emergency Management System (SLIMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
24. Agnes that aft. publicw!ions created ar published with funding under this giant shall preatinrurtly
contain tine following statement "This document was prepared under a grant frorn FF.r19A'.v
Cr acct Programs Direelorata, U.S. Dcpurtrrent ufHumulund Seeuriry. Puinrs of trzewur upiruuaRr
exprevved in thi.v dootment are- diasp. of Me authors and do nal necessarily represent the ewYal
vositiun or policies r fFEAL4 ,5 Ghwit Programs Directarale or the U.S. Department of
Fionteland Security. " The recipient also agrees that, when practicable, any equipment purchased
with gram funding shall be pmmiaeutly ma kbil as follovrs: ' Purchased with funds pruvidW bF
the U.S. Di?nerpnent aj Homeland seeru•itlr. •,
25. .Acknowledges that DRS/FIRMA reserves a royalty-&ee, ncri=luwive, and irrevocable license to
rtlrvdu(;e, publish, or othtmvise use, and authorize others to use, for Federal government
purposes' a) the copyright in any work developed under an award or sub - award; and b) any rights
of copyright to which recipient or sub - recipient purchases ownership with Federal support.
Paae 4 lariat
26. The recipient agrees to consult with DHSIFEMA/Cal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
27. Has requested through the State of California, Federal fnancial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following:
Q. Promptly return to the State of Ca-lifornia all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
b. in the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
C. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per 'I+ederal Fiscal Year.
28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -47631
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, Subpar F).
29. Will comply with provisions of the I-IatchAct(SU.S.0 Sections 1501 -1508 and ,324 -7328)
which limit the political aclMties of employees whose principal employment activities are
funded in whole or in part with Federal funds.
30. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
31. Will comply, if applicable., v, the Lmhomtory Animal Welfare Act of 1.966 (P_ L 89 -544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor .
Srmdards Act (29 U.S.C. 201), as they apply to cmployms of institutions of higher ulueation,
hospitals, and other non - profit organizations.
33. 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. Section276c 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
standard, for Federally- assisted construction sub - agreements.
34. Agrees that:
a. No Federal appropriated fiords 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 Fedcr-al
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 fiords have been paid or will be paid to any
person for influencing or attempting to influenc! an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of Member
of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying
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 subgrams, 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 510,000 and not more than $100,000 for each such failure.
35. Agrees that equipment acquired or obtained with grant finds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, 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.
b. Is consistent with needs as identified in.the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
36. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non- Federal funds.
37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A 102 and A -133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
38. Will comply with all provisions of 2 CFR, including: Part 2I5 Uniform Administrative
Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A -110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A -87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A -21); Part 230 Cost Principles for Non -Profit Organizations (OIB
Circular A -122).
39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
. Procedures, Contracts with Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in the current edition of
the DHS Financial Management Guide.
Page 6
43. Agrees that all allocations and use of funds tinder this grant will be in accordance with the FY
2010 Homeland Security Grant Program Guidanee and Application Kit, and the California
Supplement to the FY 2010 homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application Further, use of FY10 funds is limited to those investments included in the
California FYI Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated
through the peer review process.
44. , Will not matte any award or pemtit 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 ".
45, As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CPR
Part 17, for prospective participants in primary covered transactions,
a, The applicant certifies that it and its principals:
i. Arc not presently dcbarrcd, 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.
ii. 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
embe- Mement, dreg, forgery, bribery, falsification or destruction of records, .
making false statements, or receiving stolen property.
iii_ 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 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,
46. Agrees to comply with the Drug -Free Workplace Act of 1988, and 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 is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees forviolation. of
such prohibition_
b. Establishing an on -going drug -free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug uounseling, rebabilitation, and employee assistance programs;
and
Pagel - - In' • s
iv. 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
L Abide by the terms of the statement; and
ii, 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, udthin 10 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:
Department of Justice, Office of Justice Programs
ATTN.- Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant.
£ 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.
i. Taking appropriate personmel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring such employee to participate satisfactotily 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).
47, Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements govemimg this program.
48. Understands that failure to comply with any of the above assurances may result io suspension,
termination, or reduction of grant funds.
The undersigned represents that ho/sho is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant. - ,/z ,/
Signature of Authorized
Printed Name of Authorized Agent_
Title: 4"i e' (�70_�E
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