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HomeMy WebLinkAbout2011-87 - Approving Transfer Agreeement FY 2010 Homeland Security Grant Program PurposesRESOLUTION NO. 2011 -87 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. 4" MAYOR ATTEST: AP4� � LrOR� CITY CLERK Attachment: Exhibit 1 EXHIBIT 1 2 3 4 5 6 7i 8� 9 101 11 1 12 13 14 15 16 17 18 19 20 21 22 23 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this LS day of �P� Pn� lOp f 201L; which date is enumerated for purposes of reference only, by and between the COUNTY OP ORANGE, a political subdivision of the State of California, hereinafter referred to as "COi.'NTY ", and (2' �f{- eeac _� a (municipal corporation/speoial district/not-for- pro9t corp�teinafter 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 grant from tho 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 coat are attached hereto as Attachments A (FY 10 CA Supplement to Federal Program Gtudeliaes), 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, technology or services that will be transferred to SUBGRAMME to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services us specified in Attachment B hereto, which is incorporated herein by reference. If the &rare requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet COUNTY shalt transfer said equipment, technology or services to SU13GRANTEE as soon 24 11 after acquisition by COUNTY as is reasonably practicable. 25 26 27 28 2. If COUNTY transfors grant funds to SUBGRANTEE, SUBGRANTEE 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 CFDA: 97.067 Homeland Secarity Gram Prognun Department of Homeland Sc: urity Page 1 of 1 2 3 4' 5 6 7 8 9 10 A expend grant funds. SUBGRANTEE shall provide COUNTY with abudgct breakdown signed by the authorized agent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant finds only for those purposes permitted under the terms of the grant, and sball make it available for mutual aid response, d. 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 equipment 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 SUBGRANTEE, who shall pay for material and labor costs for any maintmAnce- and repair of the said equipment throughout the life of the 11 said equipment. 12 S. SUBGRANTEE shall assume all continuation costs of said equipment, technologies 13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment, 14 technologies and/or services. is 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of gTau.t- fundod 17 equipment only in accordance with the instructions of COUNTY. is 7. SUBGRANTBE agrees to indemnify, defend and save harmless COUNTY and then 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, labomrs, and any other person, firm or 21 corporation furnishing or supplying work services, materials or supplies in connection with 22 SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's 23 performance of this Agreement, including Attachments A, B and C hereto, and from any and al: claims 24 and losses accruing or rc5uldng to any person, firm, or corporation who may be injured or damaged by 25 SUBGRANTEE in SUBGRANTEE's use of gram- funded equipment, technology or services and 26 SUBGRATTTEE's perfotmmnce of this Agreement, including Attachments A, B and C hereto. 27 S. By executing this Agreement, SUBGRANTEE agrees to comply with and-be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY CPDA: 97.067 Homland Security Chun tPmgtarn i Department orHomeland security Page2 cf4 I immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attacbmcnts A. B and C herto. 3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to Ibis Agreement lbr a pezod of three years after inal payment 5 heretumder. 6 10. No al aU.ou or varialiou of rite terms of this Agreement s.W*. be valid unless made in 7 writing amt signed by fluty au[Y prized representaaces of the paties hereto, and no oral understanding or 8 agreealuat not incorporated herein shall be binding on any of the parties hereto, 9 11. SI.BGRANTEE may not assign this Agreement in whole or in pare without Yno cxprces 10 written txmsentofCOJNTY. 11 12, Fo- a period of three years after final payment hereunder or until all claims related to tail 12 Agreement are fing'ly settled, whichever is later, SURGRANI TEE shall preserve and maintain all 3 documents, papors and records relevant to the work performed or property or equipment acquizd in :5 accordance with this Agreement, including Atachmems A, B and C hereto_ For the same time period, i5 16 17 18 19 20 21 22 23 24 15 i6 2'7 28 SUBGRAIe"1'EE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received �;raat funds or their duly authorized Lepresemative(s), for examination, copying, or mcchanicat reproduction on or off the premises of SUBGRAriTEB, upon roqucst during usual working horns. 13. SUBGRA,tTEE shall provide to COUNTY all recd =ds and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required uu provide to the agency from which COUNTY received grant fonds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payarent of any consideraton to SUDO%A,- ;) if a) SMORANTEE fails to pefonn any of dic covouau,s contained in this Agreement, including Attacbmems A, B and C hereto, at the time and in the matter herein pmvided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the world in any manner deemed proper by COUNTY. CFDA: 97.067 Homeland Seenrity Gant Program DV tmeut of2:oux3aurl Sw4dfy PUe3oC4 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 is 16 17 is 19 20 21 22 23 24 25 26 27 28 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 patties have executed this Agreement in the County of Orange, I State of California. DATED: 201_ I APPROVED AS TO FORM: I COUlt CY COUNSEL COUNTY OF ORANGE, a political subdivision of the State of California By Sheriff - Coroner "COUNTY" By _ Nicole A. Sims, Deputy DATED: _ 201_ DATED: ATTEST: By _ City Clerk DATED: 201 CFDA: 97.067 Homeland Security C,rant Program Department of Homeland Security Page 4 of 4 Name of Address: California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) City: n0tt)Or.d �SeAC% State: 0.4 Zip Code; Telephone Number: '7'6-641 -f -.3101 Fax Number: g41-tofi -l- a E -Mail Address: As the duly authorized representative of the applicant .1 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)/Federal 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 agsncy, including the initial Strategy implementation Plan (IS1P) within 45 (forty -five) days of the award, and update via the Grant Reporting Tnol (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DHS/FEIvfA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Gcvemnents, including the payment of interest earned on advances. 11. Will establish safeguards to prohibit employees from using their positions for apurpose 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. 12. 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 pokey, at any level of govemmeat, without the express prior written approyal from DIIS/FEMA/Cal EMA. 11 Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority- owned, women - owned, w disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any develnpments that have a significant impact on award - supported 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 structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and Noadiscrimlu3tion. 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 gender. c. Section SM of the Rehabilitation Act of I973, 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 Drag Abuse Office and Treatment Act of 1972 (PL. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse. f. Thu Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. - Paso p, Turtle! 1. 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 chug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 360I et seq.), as amcnded, 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. k. 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 gram award. m. 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 the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. I7. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Pmperty 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 teal 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 Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review, any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/PEMAlCal EMA, 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 subgrante a 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 RIM If ground- disturbing activities occur during the project implementation, the subgrantoe must ensure monitoring of the disturbance. If any potential archeological resources are discoverad, The cubgrameo will immedwelyoeam activity ia thatarea and notify DHS(FEMA/Cal EMA and the appropriate StsteHistoric Preservation Office. 21. Will ensure !hat the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any eOW- tniication from the Director of Ere EPA Office of Federal Activities indicating if a facility to be, used in the pmjoet is under consideration for listing by the F2A. 22. Will provide any information requested byDHS) TEMA /CalEW.to ensure compliance with applicable laws, including the following: a. institution of environraettal quality control measures under the National Environmental Policy Act, National Historical Noservation.Act, Archaeological and Fl- tisiono PreservationAct, Endangered Species Act, and Exocutive Orders on Floodplains (11988), Wagands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO! 1514). b. I110tifioatica of violating facilities pursuant to E0 11738. o. Asst. -naee of project coasstcacy with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 ct acq,), d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(0) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 or scq.). e, Protection of underground sources of drinking Water under the We Drinking Water Act of 1974, as amended, (P.L 93 -523), t. Calitbmia Gnvirourn"I QudityAct (CEQA). Caliib-niu Public Resources Cod, SoctiOm 21460- 21098. California Code of Regulations, Title 14, Chaptar3 Scotian 15t1W -15007. S. Wild and .SccnicRivers Act o: 1968 (I6 U.S.C. §§ 1271 etseq.) related to protecting components orpotential components of the national wild and scenic rivers system. h. Applicableprovisions of the Coastal Barrier Rcsoraccs Ad (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal fiends Within the units of the Coastal Barrier Resources System. 23. Will comply with Standardized Emnrgenoy Management System (SL+MS) requirements as stated in the Califamia Emergency Services Ac; Government Code, Chapter 7 of JXvision 1 of Title 2; Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2A47, and 2448. 24. Agrees that all publications created or published with ftwd'urg under pus grant shall pminiacatly contain the following statement- "This dacumPnt x'rrs prepared urrdP.r a 8rmtt from FF „LId !e Garet Progrwrs Dirr;elorade, U.S. Dcpar meret af'Hvn , l a na SecurUy. Points aftvewur upirriva,r expr teed tin th .v docb!Eard arp tha.CP. Of P. authors and do wt necessarily represent the. of riaf paaitiun orpoiicrea afFEALIA y Grant Aograms Directorate or the U.S. Deparfinent of Homeland Security. ” The recipient also agrees that, wheapmcticibte, any equipment purchased with grant funding shall be prominently marked as follows: "Prue huxed with fu is pent 1e 1 Lv the US Deperbreat of Homeland Searrifj,. " 25. A0mawledges that DHS/BEMA reserves a royalty-free, nonexclusive, and irrevo: able lieease to rcp wduce, publish, or othemvise use, and authorize others to use, for Pederai government purposes. a) the copyright in any work developed under an award or sub - award; and b) any rights of copyright to which a recipient or sub - recipient puruhases ownership with Federal support. 26, The recipient agrees to consult will DHSIFUYWCal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested througa the State of California, Federal financial 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: a. Promptly return to the State of Califomia 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 Federal Fiscal Year. 28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763) relating to prescribed standards for m6rit systems for programs funded under one of the nineteen statutes or regulation-, specified in Appendix A Of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpan N). 29. Will comply with pro visions of the Hatch Act (SU.S.C9wtions1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 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, with the Lnborntory Animal Welfare Act of 1966 (P. L 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment ofwarm 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 Smndartis Act (29 U.S.C. 201), as they apply to cmployocs ofinstitulions of higher education, 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. Section 276o and 18 U.S.C. Sections 874), and the Contract WOrkHO= and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor strndmds for Federally- assisted construction sub - agreements. :4. Agrees fiat: 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 employed of any agency, a Member of Congress, an officer or employee of Congress, or as crapluym of a Member of Congress in connection with the making of any Fcdxral 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 oher 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 Pages Iaida /. 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 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 materiall representation of-fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite formaking 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. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pur want 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- Fedemt funds. 37. Will comply with 211 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 215 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 forNon -Profit Organizations (OMB Circular A -122). ' 39. Will comply with Subtitle A, Title It 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 DES Financial Management Guide. 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY' 2010 Homeland Security Grant Program Guidance 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 frmdsis limited to those investments included in the California FYI Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated throughthe peer review process. 44. . 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 ". 45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 M Part 17, for prospective participants in primary covered transactions, a, The applicant certifies that it and its principals: i. Arc not presently dcbarrcd, suspertdcd, proposed for debarment declared ineligible, sentenced to a denial of Federal benefi's by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. -ii. Have not within a threo -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 embmvlement, iiteQ forgery, bnbery, 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 (I)(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, be 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. Publisiming a statement notifying employees that the unlawful manufacture, distribution; dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an 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; W. Any available drug counsoling, rchdbilitation, and employee assistance programs; and 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 i. Abide by the terms of the statement; and h Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within IQ 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, w: Department of Justice, Office of Justice Programs ATTN• Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification mrmber(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. i. Taking appropriate personal action against such as employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to parti�ipatc satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement; or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 47, Will comply with all applicahle requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and anyotber requirements govemimg this program. 4S. Understands that failure to comply with say of flip above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by die above named applicant to enter into this agreement for and on behalf of the said applicant. ,"V ,/ Sigiatare of Authorized Printed Name of Authorized ras =s STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -87 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of September, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of September, 2011. A rx City Clerk Newport Beach, California (Seal)