HomeMy WebLinkAbout2015-12 - Approving the Transfer Agreement for Fiscal Year 2014 Urban Area Security Initiative Grant Program Purposes between the City of Newport Beach and the City of AnaheimRESOLUTION NO. 2015 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE TRANSFER AGREEMENT
FOR FISCAL YEAR 2014 URBAN AREA SECURITY INITIATIVE
GRANT PROGRAM PURPOSES BETWEEN THE CITY OF
NEWPORT BEACH AND THE CITY OF ANAHEIM
WHEREAS, the Federal Urban Areas Security Initiative (UASI) Grant Program
dedicates funding support to select high- threat, high - density urban areas in order to
address their unique multi - discipline planning, organization, equipment, training, and
exercise needs to prevent, protect against, respond to, and recover from threats or acts
of terrorism.
WHEREAS, the City of Anaheim, acting through the Anaheim Police Department
in its capacity as a Core City for the Anaheim /Santa Ana Urban Area under the Fiscal
Year 2014 UASI, has applied for, received and accepted a grant entitled "Fiscal Year
2014 Urban Areas Security Initiative" from the Federal Department of Homeland
Security (DHS) Federal Emergency Management Agency (FEMA), through the State of
California Governor's Office of Emergency Services (Cal OES), to enhance countywide
emergency preparedness.
WHEREAS, the City of Newport Beach ( "City ") has partnered with the City of
Anaheim to participate in the Fiscal Year 2014 UASI Grant Program. The City will
request training under this grant that will be used for the public safety of its citizens.
WHEREAS, the City of Anaheim is the administrator of the Fiscal Year 2014
UASI Grant Program. The City is required to sign a Transfer Agreement and the
California Emergency Management Agency Grant Assurances. The City of Anaheim
requires the naming of two authorized agents from within the City to sign these
documents on behalf of the City.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: Approve the Transfer Agreement for Fiscal Year 2014 UASI Grant
Program purposes ( "Transfer Agreement ") between the City and the City of Anaheim
attached hereto as Exhibit 1.
Section 2: Authorize the City Manager and the Fire Chief 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 Governor's
Office of Emergency Services (Cal OES).
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 24th day of February, 2015.
ATTEST:
Ak�
Leilani I. Brown,
City Clerk
Mayor
Exhibit 1: Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for FY 2014 Urban Areas Security
Initiative (UASI)
EXHIBIT 1
AGREEMENT
SUB - RECIPIENT: CITY OF NEWPORT BEACH
City Contract Number
TABLE OF CONTENTS
Section Description Page
I
INTRODUCTION
§101. Parties to the Agreement 3
§102. Representatives of the Parties and Service of Notices 3
§103. Independent Party 4
§104. Conditions Precedent to Execution of this Agreement 4
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance 5
§202. Use of Grant Funds 5
§301. Payment of Grant Funds and Method of Payment
IV
STANDARD PROVISIONS
§401.
Construction of Provisions and Titles Herein
9
§402.
Applicable Law, Interpretation and Enforcement
9
§403.
Integrated Agreement
9
§404.
Excusable Delays
9
§405.
Breach
10
§406.
Prohibition Against Assignment or Delegation
10
§407.
Permits
10
§408.
Non Discrimination and Affirmative Action
10
§409,
Bonds
11
TABLE OF CONTENTS
Section Description
§410.
Indemnification
11
§411.
Conflict of Interest
11
§412.
Restriction on Disclosures
13
§411
Statutes and Regulations Applicable to All Grant Contracts
13
§414.
Federal, State, and Local Taxes
20
§415.
Inventions, Patents and Copyrights
20
§416.
MBENVBE
22
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 23
§502. Amendments 23
V
ENTIRE AGREEMENT
§601. Complete Agreement 24
§602. Number of Pages and Attachments 24
Execution (Signature) Page 25
EXHIBITS
Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit B Certification Regarding Lobbying
Exhibit C Grant Assurances
ii
Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2014 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this 14th day of January 2015, by and
between the CITY OF ANAHEIM, a municipal corporation (the "CITY "), and CITY OF
NEWPORT BEACH (the "SUB- RECIPIENT" or "Contractor").
WITNESSETH
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity
as a Core City for the Anaheim /Santa Ana Urban Area under the FYI Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2014
Urban Areas Security Initiative" from the federal Department Of Homeland
Security(DHS), Federal Emergency Management Agency (FEMA), through the State of
California Governor's Office of Emergency Services (CalOES), to enhance countywide
emergency preparedness (the "grant"), as set forth in the grant guidelines and
assurances that are incorporated to this Agreement by reference and located at:
"U.S. Department of Homeland Security "Fiscal Year 2014 Homeland Security Grant
Program (HSGP) Funding Opportunity Announcement (FOA)"
California Office of Emergency Services "FY2014 Homeland Security Grant Program:
California Supplement to Federal Program Guidance and Application Kit"
httg:// www. calein a.ca.Z()L�EMS-- HS- HazMat /Pa es /UuI and-Securit wUra�it,Pr6gMIR-
Documents:
Copies of the grant guidelines shall be retained in the Anaheim /Santa Ana
Grant Office.
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM
( "CITY ") and is overseen by the California Governor's Office of Emergency Services
( "CalOES "); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Anaheim /Santa Ana Urban Area ( "ASAUA") consists of 34 cities
in Orange County, including the City of Anaheim and the City of Santa Ana, the County
of Orange, Santa Ana Unified School District Police, California State University,
Fullerton, University of California, Irvine, Municipal Water District of Orange County,
and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management ( "OGM ") awarded a FY14 UASI
Grant of $4,565,000 ( "Grant Funds ") to the CITY OF ANAHEIM, as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Anaheim Police Department, Emergency Management Director ( "UASI Grant
Office ") to provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY14 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement") to
CITY OF NEWPORT BEACH ( "SUB- RECIPIENT ") and others;
WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this
Agreement as authorized by the City Council and the Chief of Police which
authorizes the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 425 South
Harbor Boulevard, Anaheim, CA 92805; and
B. CITY OF NEWPORT BEACH, a municipal corporation, 100 Civic Center Drive,
P.O. Box 1768, Newport Beach, CA 92658
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications
shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise
stated in the Agreement:
Dave Vangsness, Lieutenant
Anaheim Police Department
425 South Harbor Boulevard
Anaheim, CA. 92805
Phone: (714) 765 -7901
Fax: (714) 765 -1616
dvangsness @anaheim.net
2. The representative of CITY OF NEWPORT BEACH shall be:
Katie Eing, Emergency Services Coordinator
CITY OF NEWPORT BEACH
100 Civic Center Drive, P.O. Box: 1768, Newport Beach, CA 92658
Phone: (949) 644 -3109
E -mail: keing@nbfd.net
B. Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change.
§103. Independent Party
SUB - RECIPIENT is acting hereunder as an independent party, and not as an
agent or employee of the CITY OF ANAHEIM. No employee of SUB - RECIPIENT
is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement,
and SUB - RECIPIENT shall so inform each employee organization and each
employee who is hired or retained under this Agreement. SUB - RECIPIENT shall
not represent or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the CITY OF ANAHEIM.
§104. Conditions Precedent to Execution of This Agreement
SUB - RECIPIENT shall provide copies of the following documents to the CITY OF
ANAHEIM, unless otherwise exempted.
A. Grant Assurances in accordance with section 415C of this Agreement attached
hereto as Exhibit C and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required
by Executive Order 12549 in accordance with Section 415Al2 of this
Agreement and attached hereto as Exhibit A and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit B and made a part
hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or
which materially affects the accuracy of the information contained in any
Disclosure Form previously filed by SUB - RECIPIENT.
rd
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on January 14, 2015 and end on
March 31, 2016 or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB - RECIPIENT, equipment or services
purchased with grant funds and in accordance with grant guidelines set
forth above; or, b) reimburse SUB - RECIPIENT for purchase of authorized
equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines
and in full compliance with all of the SUB - RECIPIENT'S purchasing and
bidding procedures. SUB - RECIPIENT shall specify the equipment,
services, exercises and training to be purchased using the Application for
Project Funding. A paper copy of this document will be provided to SUB -
RECIPIENT by CITY. In addition, a compact disc with a copy of the
document will be provided to SUB - RECIPIENT by CITY. If additional
copies of the document are needed, SUB - RECIPIENT may contact the
Anaheim Grant Coordinator and it will be provided.
B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding
the performance of the Agreement. Reports shall be in the form requested by
the CITY, and shall be provided in a timely manner.
C. The Authorized Equipment List (AEL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
https: / /www.ilis.dhs.gov /knowledgebase, and incorporated to this Agreement
by reference. A copy of the AEL shall be retained in the Anaheim /Santa
Ana Grant Office. Unless otherwise stated in program guidance any
equipment acquired pursuant to this Agreement shall meet all mandatory
regulations and /or DHS- adopted standards to be eligible for purchase using
grant funds. SUB - RECIPIENT shall provide the CITY a copy of its most
current procurement guidelines and follow its own procurement requirements
as long as they meet the minimum federal requirements. Federal
procurement requirements for the FY 14 UASI Grant can be found at 2 Code
of Federal Regulations (CFR) Part 225 "Cost Principles for State, Local, and
Indian Tribal Governments" and 44 CFR Part 13 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments."
Any equipment acquired or obtained with Grant Funds:
1. Shall 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;
2. Shall be consistent with needs as identified in the National Priorities
and Core Capabilities, the State Homeland Security Strategy and the
Anaheim /Santa Ana Urban Area and Orange County Operational
Area Homeland Security Grants Strategy, the Threat Hazard
Identification and Risk Assessment (THIRA), the State
Preparedness Report; and deployed in conformance with those
plans;
3. Shall be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan;
4. Shall be subject to the requirements of 44 CFR Part 13.32 and 13.33
For the purposes of this subsection, "Equipment" is defined as
nonexpendable property that is not consumed or does not lose its
identity by being incorporated into another Item of equipment, which
costs $5,000 or more per unit, or is expected to have a useful life of
one (1) year or more. Items costing less than $5,000, but falling into
the following categories are also considered Equipment:
(1)electronics communications equipment for stationary or vehicular
use, including cellular telephones acquired by lease or purchase, and
(2) electronic office equipment, including facsimile machines,
copiers, electric typewriters, personal computers (monitors and
CPU's), terminals and printers;
Shall be used by SUB - RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
R
7. Shall be recorded on a ledger. This record must be updated bi-
annually and forwarded to the City, The record shall include: (a)
description of the item of Equipment, (b) manufacturer's model and
serial number, (c) Federal Stock number, national stock number, or
other identification number; (d) the source of acquisition of the
Equipment, including the award number, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) records showing
maintenance procedures to keep the Equipment in good running
order, and (h) location and condition of Equipment. Records must be
retained pursuant to 44 C.F.R. Part 13.42, and Office of G &T.
8. All equipment obtained under this Agreement shall have an ASAUA
Identification decal affixed to it, aril, when practical, shall be affixed
where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every two years.
Inventory shall also be taken prior to any UASI, State or Federal
monitor visits.
10. SUB - RECIPIENT shall exercise due care to preserve and
safeguard equipment acquired with grant funds from damage or
destruction and shall provide regular maintenance and such repairs
for said equipment as necessary, in order to keep said equipment
continually in good working order. Such maintenance and servicing
shall be the sole responsibility of SUB - RECIPIENT, who shall
assume full responsibility for maintenance and repair of the
equipment throughout the life of said equipment.
D. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2014 Homeland Security Grant Program, as set forth above.
All training expenses must be pre - authorized by CalOES at
http:// www. firstrespondertraining.gov /admin, A catalogue of Grantor
approved and sponsored training courses is available at
hftp:// www. firstrespondertraining .gov /odp_webforms.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2014 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at http: / /hseep.dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2014 Homeland Security Grant Program, as set forth above.
G. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY 2014 Homeland Security Grant Program, as set
forth above.
7
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. CITY may, a) transfer to SUB - RECIPIENT, equipment or services purchased
with grant funds; or, b) reimburse SUB- RECIPIENT forthe purchase of
authorized equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines and
in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding
procedures. SUB - RECIPIENT shall specify the equipment, exercises, services
or training to be purchased using the Application for Project Funding. A paper
copy of this document will be provided to SUB - RECIPIENT by CITY. In
addition, a compact disc with a copy of the document will be provided to SUB -
RECIPIENT by CITY. If additional copies of the document are needed, SUB -
RECIPIENT may contact the Anaheim Grant Coordinator and it will be
provided. Funds may be used for planning, exercises, organizational and
training activities, and the purchase of equipment as described in Section 202
above.
B. SUB- RECIPIENT shall provide quarterly invoices to the CITY requesting
payment and all supporting documentation. Each reimbursement request shall
be accompanied by the Reimbursement Request for Grant Expenditures
(attached hereto as Exhibit D) detailing the expenditures made by SUB -
RECIPIENT as authorized by Section 202 above. Each reimbursement request
shall be submitted to the Anaheim UASI Grant Office. For equipment for which
SUB - RECIPIENT is requesting reimbursement, all appropriate back -up
documentation must be attached to the reimbursement form, including
invoices, proof of payment, packing slips, and Equipment Reimbursement
Worksheet. For training reimbursements, SUB - RECIPIENT must include a
copy of any certificates issued or a copy of the class roster verifying training
attendees, proof that a CalOES tracking number has been assigned to the
course, timesheets and payroll registers for all training attendees, receipts for
travel expenses related to the training, and Training Reimbursement
Worksheet. For regional project reimbursements, SUB - RECIPIENT must
include approval from the lead agency for all submitted invoices.
C. Payment of final invoice shall be withheld by the CITY until the SUB -
RECIPIENT has turned in all supporting documentation and completed the
requirements of this Agreement.
D. It is understood that the CITY makes no commitment to fund this
Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing
availability to the CITY of federal funds for this program. The Agreement may
be terminated immediately upon written notice to SUB - RECIPIENT of a loss or
reduction of federal grant funds.
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Sub- recipient" herein and in any amendments hereto includes the party or
parties identified in this Agreement. The singular shall include the plural. If
there is more than one Sub- recipient as identified herein, unless expressly
stated otherwise, their obligations and liabilities hereunder shall be joint and
several. Use of the feminine, masculine, or neuter genders shall be deemed to
include the genders not used.
§402. Applicable Law, Interpretation and Enforcement
Each partys performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the CITY. This
Agreement shall be enforced and interpreted under the laws of the State of
California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only by a written instrument executed by both parties hereto.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
SUB - RECIPIENT may not, unless it has first obtained the written permission of
the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
SUB- RECIPIENT and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for SUB - RECIPIENT performance
hereunder and shall pay any fees required therefore. SUB - RECIPIENT further
certifies to immediately notify the CITY of any suspension, termination, lapses,
non renewals or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
SUB - RECIPIENT shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, the
State of California, and the CITY. In performing this Agreement, SUB -
RECIPIENT shall not discriminate in its employment practices against any
employee or applicant for employment because of such person's race,
religion, national origin, ancestry, sex, sexual orientation, age, physical
handicap, mental disability, marital status, domestic partner status or medical
condition. SUB -RECI PI ENT shall comply with Executive Order 11246,
entitled "Equal Employment Opportunity," as amended by Executive Order
11375, and as supplemented in Department of Labor regulations (41 CFR
Part 60 ).
10
If required, SUB - RECIPIENT shall submit an Equal Employment Opportunity
Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with
guidelines listed at http:// www.ojp.usdoj.gov /ocr /eeop.htm,
Any subcontract entered into by the SUB - RECIPIENT relating to this Agreement,
to the extent allowed hereunder, shall be subject to the provisions of this § 408.
SUB - RECIPIENT must purchase a performance bond for any equipment item
over $250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds.
§410. Indemnification
To the fullest extent of the law, SUB - RECIPIENT agrees to indemnify, defend,
and hold harmless the City of Anaheim, its officers, agents, employees,
representatives and designated volunteers from and against any and all claims,
demands, defense costs, or liability of any kind or nature arising out of or resulting
from, or any way connected with SUB - RECIPIENT'S acts, errors or omissions in
the performance of SUB - RECIPIENT'S services or use of grant funds under the
terms of this Agreement.
§411. Conflict of Interest
A. SUB- RECIPIENT covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract
supported (in whole or in part) by Federal funds where such person is a
director, officer, employee or agent of the subcontractor; or where the selection
of subcontractors is or has the appearance of being motivated by a desire for
personal gain for themselves or others such as family business, etc.; or where
such person knows or should have known that:
1, A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq, if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" Includes but is not limited to domestic
partner and /or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
11
in law, mother In law, brother in law, sister in law, son in law,
daughter in law.
2. The term 'financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial interest of
five percent or more; ownership of five percent or more of
the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
C. The SUB - RECIPIENT further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value from
any actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any
officer, employee, or agent).
D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and the Contractor.
E. Prior to obtaining the CITY'S approval of any subcontract, the SUB -
RECIPIENT shall disclose to the CITY any relationship, financial or
otherwise, direct or indirect, of the SUB - RECIPIENT or any of its officers,
directors or employees or their immediate family with the proposed
subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws
of the SUB - RECIPIENT, State of California, and Federal regulations
regarding conflict of interest.
G. The SUB - RECIPIENT warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining this
Agreement.
H. The SUB - RECIPIENT covenants that no member, officer or employee of
SUB - RECIPIENT shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in connection
with this project during his /her tenure as such employee, member or officer or
for one year thereafter.
I. The SUB - RECIPIENT shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this project
12
and shall substitute the term "subcontractor" for the term "SUB - RECIPIENT"
and "sub subcontractor" for "Subcontractor".
§412. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250, at seq.).
§413. Statutes and Regulations Applicable To All Grant Contracts
A. SUB - RECIPIENT shall comply with all applicable requirements of state, federal,
county and SUB - RECIPIENT laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. SUB - RECIPIENT shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. SUB- RECIPIENT shall comply with new, amended, or revised
laws, regulations, and /or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
Office of Manaoement and Budget (OMB) Circulars
SUB - RECIPIENT shall comply with OMB Circulars, as applicable:
OMB Circular A -87 (Cost Principles for State, Local, and Indian
Tribal Governments, relocated to 2 CFR Part 225); OMB Circular A-
102 (Grants and Cooperative Agreements with State and Local
Governments, found in 44 CFR Part 13 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Governments "); OMB Circular A-1 33 (Audits of States, Local
Governments, and Non -Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
SUB - RECIPIENT shall adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec. 7501 et seq.; and any
administrative regulation or field memos implementing the Act.
When reporting under on the FY14 UASI Grant Program under
the Single Audit Act, SUB - RECIPIENT shall use Catalog of
Federal Domestic Assistance (CFDA) Program Number 97.067
"Homeland Security Grant Program "; Grant Identification
Number 2014 - 00093; and Identify the City of Anaheim as the
Pass- Through.
1 Americans with Disabilities Act
SUB - RECIPIENT hereby certifies that it will comply with the
Americans with Disabilities Act, 42 USC §§ 12101, et seq., and its
13
implementing regulations. SUB - RECIPIENT will provide reasonable
accommodations to allow qualified individuals with disabilities to
have access to and to participate In its programs, services and
activities in accordance with the provisions of the Americans with
Disabilities Act. SUB - RECIPIENT will not discriminate against
persons with disabilities or against persons due to their relationship
to or association with a person with a disability. Any subcontract
entered into by the SUB - RECIPIENT, relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of
this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be
used for any purpose designed to support or defeat any pending
legislation or administrative regulation. None of the funds provided
pursuant to this Agreement shall be used for any sectarian purpose or
to support or benefit any sectarian activity.
If this Agreement provides for more than $100,000 in grant funds or
more than $150,000 in loan funds, SUB - RECIPIENT shall submit to
the CITY a Certification Regarding lobbying and a Disclosure Form,
if required, in accordance with 31 USC §1352. A copy of the
Certificate is attached hereto as Exhibit B. No funds will be released
to SUB - RECIPIENT until the Certification is filed.
SUB - RECIPIENT shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure
or which materially affects the accuracy of any of the information
contained in any Disclosure Form previously filed by SUB -
RECIPIENT. SUB - RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub - awards
at all tiers and that all subcontractors shall certify and disclose
accordingly.
5. Records Inspection
At any time during normal business hours and as often as the CITY,
the U.S. Comptroller General, and/or the Auditor General of the
State of California may deem necessary, SUB - RECIPIENT shall
make available for examination all of its records with respect to all
matters covered by this Agreement. The CITY, the U.S. Comptroller
General and /or the Auditor General of the State of California shall
have the authority to audit, examine and make excerpts or
transcripts from records, including SUB - RECIPIENT'S invoices,
materials, payrolls, records of personnel, conditions of employment
14
and other data relating to all matters covered by this Agreement.
SUB - RECIPIENT agrees to provide any reports requested by the
CITY regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the CITY with respect to all matters
covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents specified
in this Agreement. Such records shall be retained for a period of
three (3) years after the CITY receives notification of grant closeout
from CalOES, and after final disposition of all pending matters.
"Pending matters" include, but are not limited to, an audit, litigation or
other actions involving records. The CITY may, at its discretion, take
possession of, retain and audit said records. Records, in their
original form pertaining to matters covered by this Agreement, shall at
all times be retained within the County of Orange unless authorization
to remove them is granted in writing by the CITY.
7. Subcontracts and Procurement
SUB - RECIPIENT shall comply with the federal and SUB -
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
SUB - RECIPIENT shall ensure that the terms of this Agreement with
the CITY are incorporated into all Subcontractor Agreements. The
SUB - RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the release of any funds to the
subcontractor. The SUB - RECIPIENT shall withhold funds to any
subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective Subcontractor
Agreement.
SUB - RECIPIENT shall comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to
prescribed requirements for merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A
of OPM's Standards for a Merit System Personnel Administration
(5 C.F.R. 900, Subpart F).
SUB - RECIPIENT shall comply, as applicable, with the provisions of
15
the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and
Safety Standards Act (40 U.S.C. § §327 -333), regarding labor
standards for federally-assisted construction subagreements, and the
Hatch Act (5 USC § §1501 -1508 and 7324-7328).
SUB - RECIPIENT shall comply with the Federal Fair Labor Standards
Act (29 USC §201) regarding wages and hours of employment. None
of the funds shall be used to promote or deter Union /labor organizing
activities. CA Gov't Code Sec. 16645, et seq.
9. Civil Rights
SUB - RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88 -352) 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, relating to 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 alcoholism; (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 Vill of the Civil Rights Act of 1968 (42 U.S.C.
§ §3601, et seq.), as amended, relating to non - discrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for
Federal assistance is being made; (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and
(k) P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this
award of assistance.
10. Environmental
SUB - RECIPIENT shall comply, or has already compiled, with the
requirements of Titles II and Ili of the Uniform relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646)
which provide for fair and equitable treatment of persons displaced
or whose property is acquired as a result of Federal or federally -
assisted programs. These requirements apply to all interests in real
iT4
property acquired for project purposes regardless of Federal
participation in purchases.
SUB - RECIPIENT shall comply with environmental standards which
may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91 -190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to
EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
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 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. § §7401, et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523); (h) protection of
endangered species under the Endangered Species Act of 1973,
as amended (P.L. 93205); and (i) Flood Disaster Protection Act of
1973 §102(a) (P.L. 93 -234).
SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. § §1271, et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. § §4801, et seq.) which prohibits the use of
lead- based paint in construction or rehabilitation of residence
structures.
SUB - RECIPIENT shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251, et seq.) which restores and maintains
the chemical, physical and biological integrity of the Nation's waters.
SUB - RECIPIENT shall 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 Protection 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.
By signing this Agreement, SUB - RECIPIENT ensures that it is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21000, et seq. and is not Impacting the
environment negatively.
17
SUB - RECIPIENT shall comply with the Energy Policy and
Conservation Act (P.L. 94 -163, 89 Stat. 871).
SUB - RECIPIENT shall comply, if applicable, with the provision of the
Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982
(16 USC 3501, et, seq.), which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources
System.
11. Preservation
SUB - RECIPIENT shall comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§ §469a -1, et seq,).
12. Debarment and Suspension
SUB - RECIPIENT shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and SUB -
RECIPIENT shall submit a Certification Regarding Debarment required
by Executive Order 12549 and any amendment thereto. Said
Certification shall be submitted to the CITY concurrent with the
execution of this Agreement and shall certify that neither SUB -
RECIPIENT nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department head
or agency. SUB - RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub -award at
all tiers and that all subcontractors shall certify accordingly.
13.. Drug -Free Workplace
SUB - RECIPIENT shall comply with the federal Drug -Free
Workplace Act of 1988, 41 USC §701, 44 CFR Part 67; the
California Drug -Free Workplace Act of 1990, CA Gov't Code §§
8350 -8357.
14. Miscellaneous
SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act
of 1966, as amended (P.L. 89 -544, 7 USC § §2131, et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
SUB - RECIPIENT shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular
grant program. SUB - RECIPIENT shall comply with new, amended, or revised
laws, regulations, and /or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
18
Title 44 Code of Federal Regulations (CFR) Part 13; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office
of the Comptroller, U.S. Department of Homeland Security,
Preparedness Directorate Financial Management Guide; U.S.
Department of Homeland Security, Office of Grants and Training, FY
2009 Homeland Security Grant Program — Program Guidance and
Application Kit; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights,
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act,
Government Code Chapter 7 of Division 1 of Title 2, § 860T1(e) and
CCR Title 19, §§ 2445 -2448.
Provisions of 44 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures;
Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information;
Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of
Faith -based Organizations; Part 42, Nondiscrimination /Equal
employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and Wetland Protection
Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to
federal Assistance Programs; Part 69, New Restrictions on Lobbying;
Part 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements (including sub - awards) with Institutions of
Higher Learning, Hospitals and other Non - Profit Organizations; and
Part 83, Government- Wide Requirements for a Drug Free
Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended, 42 USC 3789(4), or the
Juvenile Justice and Delinquency Prevention Act, or the Victims of
Crime Act, as appropriate; the provisions 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.
2. Travel Expenses
SUB- RECIPIENT as provided herein may be compensated for SUB -
RECIPIENT'S reasonable travel expenses incurred in the
performance of this Agreement, to include travel and per diem,
19
unless otherwise expressed. Travel including In -State and out -of-
State travel shall not be reimbursed without prior written
authorization from the UASI Grant Office.
SUB- RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on the SUB - RECIPIENT'S travel policies
and procedures. If SUB - RECIPIENT does not have established
travel policies and procedures, SUB - RECIPIENT'S reimbursement
rates shall not exceed the amounts established by the State
Department of Personnel Administration Rules and Regulations,
PML 97 -024, Section 599.619, dated July 1, 1997 and Section
599.631, and as amended from time to time.
3. Noncompliance
SUB- RECIPIENT understands that failure to comply with any of the
above assurances may result in suspension, termination or reduction
of grant funds, and repayment by SUB - RECIPIENT to CITY of any
unlawful expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the CITY to sign certain promises regarding the way the Grant Funds would
be spent ( "Grant Assurances "), attached hereto as Exhibit C, By signing these
Grant Assurances, the CITY became liable to the Grantor for any funds that
are used in violation of the grant requirements. SUB- RECIPIENT shall be
liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT
used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify
and hold harmless the CITY for any sums the Grantor determines SUB -
RECIPIENT used in violation of the Grant Assurances.
§414. Federal State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as
an independent party and not as a CITY employee.
§415. Inventions, Patents and Copyrights
A. Reporting Procedure for inventions
If any project produces any invention or discovery (invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation,
processes and business methods made in the course of work under this
Agreement, the SUB - RECIPIENT shall report the fact and disclose the
Invention promptly and fully to the CITY. The CITY shall report the fact and
disclose the Invention to the Grantor. Unless there is a prior agreement
between the CITY and the Grantor, the Grantor shall determine whether to
20
seek protection on the Invention. The Grantor shall determine how the rights in
the Invention, including rights under any patent issued thereon, will be
allocated and administered in order to protect the public interest consistent
With the policy ( "Policy ") embodied in the Federal Acquisition Regulations
System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq.
(Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum
on Government Patent Policy to the Heads of the Executive Departments and
Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR
13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB - RECIPIENT
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
CITY shall have an unencumbered right, and a non - exclusive, irrevocable,
royalty- free license, to use, manufacture, improve upon, and allow others to
do so for all government purposes, any Invention developed under this
Agreement.
C. Copyright Pollcy
Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material ( "Material ") is developed
under this Agreement, the author or the CITY, at the CITY'S
discretion, may copyright the Material. If the CITY declines to
copyright the Material, the CITY shall have an unencumbered right,
and a non - exclusive, irrevocable, royalty- free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non - exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Material
developed under this Agreement or any Copyright purchased under
this Agreement.
3. SUB- RECIPIENT shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited rights"
means the right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform and display publicly, or permit
others to do so; as required by 48 CFR 27.401. Where the data are not first
produced under this Agreement or are published copyrighted data with the
21
notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a
copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited
rights. (48 CFR 27.404(a)),
E. Obligations Binding on Subcontractors
SUB - RECIPIENT shall require all subcontractors to comply with the
obligations of this section by incorporating the terms of this section into all
subcontracts.
§416. Minority. Women, And Other Business Enterprise Outreach Program
It is the policy of the CITY to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all SUB - RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub - Contractors.
22
V
DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS
§501. Defaults
Should SUB - RECIPIENT fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§502. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by SUB- RECIPIENT and any increase or decrease in the amount of
compensation which are agreed to by the CITY and SUB- RECIPIENT shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
SUB - RECIPIENT agrees to comply with all future CITY Directives, or any rules,
amendments or requirements promulgated by the CITY affecting this
Agreement.
23
VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in three (3) duplicate originals, each of which is
deemed to be an original. This Agreement Includes twenty -five (25) pages and
three (3) Exhibits which constitute the entire understanding and agreement of the
parties.
24
IN WITNESS WHEREOF, the City and CITY OF NEWPORT BEACH have caused this
Agreement to be executed by their duly authorized representatives on the date first set
forth above.
ATTEST:
By:
Linda N. Andal
Clerk of the Council
APPROVED AS TO FORM:
al
Kristin Pelletier
Sr. Assistant City Attorney
25
CITY OF ANAHEIM, a municipal Corporation
of the State of Calffomia
Raul Quezada
Chief of Police
SUB - RECIPIENT
CITY OF NEWPORT BEACH
0
Printed Name
Title
APPROVED AS TO FORMC1
EXHIBIT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Applicants should also review the instructions for certification included in the regulations
before completing this form. Signature of this form provides for compliance with certification requirements
under the applicable CPR covering New Restrictions on Government -wide Debarment and Suspension
(Nonprocurement), The certification shall be treated as a material representation of fact upon which reliance
will be placed when the Agency determines to award the covered transaction or cooperative agreement.
As required by Executive Order 12544, Debarment and Suspension, and implemented under the applicable
CFR, for prospective participants in covered transactions, as defined in the applicable CPR
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three -year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State„ or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal State or local) with commission of any of these offenses enumerated in paragraph (1)
(b) of this certification; and
(d) 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.
_ Address: (� r t'. c
Authorized Agent Signature
Printed or Typed Name t
Title _..._.__
\ i 6 M a O1
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, Including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to whom this agreement is entered, If at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal, " 'proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it Is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
& Nothing contained In the foregoing shall be construed to require establishment of a system of records
in order to render In good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these Instructions, if a participant In a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, Ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, Including suspension andlor debarment.
1� 0;lii
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement.
2. if any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
4. 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.
AGREEMENT NUMBER
CONTRACTOR/BORROW ER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
EXHIBIT C
California o Governor's Of of Emergency Services
FY2014 Grant Assurances
(All HSGP Applicants)
Name of Applicannt 1 _%� quit" ,J ") ") y
Address:
City: i f � �t.ry ='� 5 t i . t �
c" a� (, . t � State: .� "�__
Zip Code:
d ,9
:� � (� F
Telephone Number: Gj ` t
%- t «' f { cy - t t� ` % Fax Number:
j f
—7
E -Mail Address:
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your award
agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under
this grant will be in accordance with the requirements contained in the FY2014 Homeland Security Grant
Program Funding Opportunity Announcement, the California Supplement to the FY2014 Homeland Security
Grant Program Funding Opportunity Announcement, and all applicable laws and regulations.
2. 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 FY2014 Homeland Security Grant Program application_ Further, use of FY2014 funds is limited to
those investments included in the California FY2014 Investment Justifications submitted to DHS /FEMA and Cal
OES and evaluated through the peer review process.
3. Understands that in the event FEMA determines that changes are necessary to the award document after an award
has been made, including changes to period of performance or terms and conditions, recipients will be notified of
the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927 -5646 or via e-mail
to ASK -GMD drdhs. ny_if you have any questions.
4, 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 [ t.S, Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) and sub- granted through the State of
California, California Governor's Office of Emergency Services (Cal OES).
5. 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 and Urban Area Security Initiative) or
fiscal years.
6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications submitted to
DHS /FEMA/Cal OES, where applicable.
7. Will establish a proper accounting system in accordance with generally accepted accounting standards and
awarding agency directives.
8. Will give the DI-IS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal
OES, the Office of Inspector General, through any authorized representatives, access to, and the right to
examine, all paper or electronic records, books, and documents related to the award, and will permit access to its
Page I Initials
facilities, personnel and other individuals and information as may be necessary, as required by DI-IS/FEMA or
Cal OES, through any authorized representative, with regard to examination of grant related records, accounts,
documents, information and staff.
9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to acknowledge and
agree to comply with applicable provisions governing DHS access to records, accounts, documents, information,
facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS or
Cal OES.
b. Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts,
and other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS and Cal OES
program guidance, requirements, and applicable laws.
c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance, and recipients must submit timely, complete, and
accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status, the recipient must provide a list of all such proceedings, pending or completed, including outcome
and copies of settlement agreements to the DHS /Cal OES awarding office and the DHS Office of Civil
Rights and Civil Liberties.
e. In the event any court or administrative agency makes a finding of discrimination on grounds of rare,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients
must forward a copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
10. Will comply with any other special reporting, 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, or detailed in the program guidance.
11, 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) the baseline level of capability as defined by the Fusion Capability Planning Tool.
12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating,
expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban Area Fusion
Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold.
11 Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in
accordance with grant award terms and requirements, after receipt of approval from Cal OES and will maintain
procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds.
14. Will provide timely, complete and accurate progress reports, and maintain appropriate support documentation to
support the 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 these reports and related
documentation via the Grant Reporting Tool (GRT) twice each year.
15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Agrees to be non-delinquent in the repayment of any Federal debt. Examples of relevant debt, include delinquent
payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129 and form SF-
Page 2 Initials
424B, item number 17 for additional information and guidance.
17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgrantee, recipient or
subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance.
Administrative remedies may be found in 38 U.S.C. §§ 3801 -3812, addressing false claims and statements made.
18, Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal
Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
19. Will comply with the Office of Management and Budget (OMB) Circular A -102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A -102
Common Rule "), which are also located found within DHS regulations at Title 44, Code of Federal Regulations
(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments"; will comply with OMB Circular A -110, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2
CFR Part 215,
20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS
Financial Management Guide; OMB Circular A -21, Cost Principles for Educational Institutions, relocated to 2
CFR Part 220; OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to
2 CFR Part 225; OMB Circular A -122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230;
and OMB Circular A -133, Audits of States, Local Governments and Non -Profit Organizations, as applicable.
21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR
Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations.
22. Will comply with provisions of the Hatch Act (5 U.S.C, §§ 1501 -1508 and 7324 - 7328), which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
23. 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 connections.
24. 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 DHS /FEMA and Cal OES.
25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C. § 1352., and
agrees that none of the funds provided under this award may be expended by the recipient to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with any Federal action
concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement.
26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority- owned, women -
owned, or disadvantaged businesses, to the extent practicable.
27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c), which
provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in
this authority may not be charged to other Federal awards to overcome fund deficiencies.
28. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non - Federal sources. Subgramees and subrecipients may be required to demonstrate and document that a
reduction in non - Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds.
Page 3 Initials
29. 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.
30. Will comply with all federal and state laws and regulations relating to civil rights protections and
nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964, Public Law 88 -352, (42 U.S.C. § 2000d et seq.), codified at 6
CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected
to discrimination under any program or activity receiving Federal financial assistance.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits
discrimination on the basis of gender in educational programs and activities, These regulations are codified
at 6 CFR Part 17 and 44 CFR Part 19.
c. The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on the
basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.).
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse,
£ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism.
g. Sections 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 implemented by 24 CFR Part 100),
as amended, relating to nondiscrimination in the sale, rental and financing of housing.
L Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination.
j, The requirements of any other nondiscrimination provisions in the specific statute(s) under which the
application for Federal assistance is being made and any other applicable statutes.
k. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which
provides that no otherwise qualified individual with a disability in the United States will, solely by reason
of the disability, be excluded from participation in, he denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. These requirements
pertain to the provision of benefits or services as well as to employment.
1. 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,
m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of
Civil Rights within 60 days of grant award.
n. Will comply, and assure the compliance of all its subgmntees 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.
31. Will comply with the requirements of Titles IT and III 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.
32, Will comply with all provisions of DHS /FEMA's regulation 44 CFR Part 10, Environmental Considerations.
33, 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. Agrees not to undertake any project having the potential to impact EHP resources
Page 4 Initials
without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance,
construction, modification to any structure, physical security enhancements, communications towers, any structure
over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all
conditions and restrictions 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 and Cal OES funding. Any change to the scope of work will require
re- evaluation of compliance with the EHP. If ground - disturbing activities occur during the project implementation,
the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered,
the subgrantee will immediately cease activity in that area and notify DHS/FEMA/ and Cal OES and the
appropriate State Ilistoric Preservation Office.
34. Any construction activities that have been initiated prior to the full environmental and historic preservation review
could result in a non - compliance fording. Subgrantees must complete the DHS/FEMA EHP Screening Form
(OMB Number 1660 -0115 /FEMA Form 024 -0 -01) and submit it, with all supporting documentation, to their Cal
OES program representative, for processing by the DHS/FEMA GPD EHP.
35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their
grant award. The Screening From for these types of projects is available at:
www. fema.gov /doe /govermaent/grant/ bulletins /info329_final_screcning _ memo.doc.
36. Will ensure that 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 OES and the DHS/FEMA 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 consideration for
listing by the EPA.
37. Will provide any information requested by DHS/FEMA/ and Cal OES to ensure compliance with applicable laws
including, but not limited to, the following:
a. Institution of environmental quality control measures under the Archaeological and Historic Preservation
Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice
(EO12898) and Environmental Quality (EOl 1514).
b. Notification of violating facilities pursuant to EO 11738.
c. 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.).
d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93 -523).
e. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080- 21098,
and California Code of Regulations, Title 14, Chapter 3 §§ 15000- 15007.
E Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq) related to protecting components or
potential components of the national wild and scenic rivers system.
g. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC
§ 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal
Barrier Resources System.
38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California
Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§
2445, 2446, 2447, and 2448.
39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PIS) must have a
publically- available privacy policy that describes what PH they collect, how they plan to use the PH, whether they
share PH with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and
subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at
http: // www. dhs. gov /xlibrM/ assets / privacy /privacy _pia fuidanoe une2410.pdf and at
http: / /www.dhs. gov /xlibrary/ assets / privacy /privacy _pia_template.pdf, respectively.
Page 5 Initials
40. Agrees that all DHSIFEMA- funded project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are
obtained.
41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all
subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space,
funded in whole or in part with Federal funds, complies with the fire prevention and control guidelines of the
Federal Fire Prevention and Control Act of 1974,15 U.S.C. § 2225.
42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. §
41102) for international air transportation ofpeople and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118)
and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981
amendment to Comptroller General Decision B138942.
41 Agrees that all publications created or published with funding under this grant shall prominently contain the
following statement: "This document was prepared under a grantfrom FEMA's Grant Programs Directorate,
U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the
authors and do not necessarily represent the of ialposition orpolicies ofFEMA's Grant Programs Directorate
or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment
purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the
U.S. Department of Homeland Security. "
44. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise 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 a recipient or sub- recipient
purchases ownership with Federal support. The recipient must affix the applicable copyright notices of 17 U.S.C.
section 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work
first produced under Federal financial assistance awards, unless the work includes any information that is
otherwise controlled by the Government (e.g. classified information or other information subject to national
security or export control laws or regulations). The recipient agrees to consult with DHSNEMA and Cal OES
regarding the allocation of any patent rights that arise from, or are purchased with, this funding.
45. Recipients receiving 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 California all funds received which exceed the approved, actual
expenditures as determined 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. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated
or disallowed and not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or
disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100
per Federal Fiscal Year.
46. Understands that recipients who receive awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication
Giants, including provisions on technical standards that ensure and enhance interoperable communications.
47. Will comply, if applicable, with the Laboratory 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 of warm blooded animals held for research,
teaching, or other activities supported by this award of assistance.
Page 6 Initials
48. 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.
49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or
updated via later executive order(s), means information that has been determined pursuant to EO 12958 to require
protection against unauthorized disclosure and is marked to indicate its classified status when in documentary
form. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or
services that will include access to classified national security information if the award recipient has not been
approved for and granted access to such information by appropriate authorities.
50. Agrees that where an award recipient has been approved for and has access to classified national security
information, no funding under this award shall be used to support a contract, subaward, or other agreement for
goods or services that will include access to classified national security information by the contractor,
subreeipient, or other entity without prior written approval from die DHS Office of Security, hrdustrial Security
Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the
classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and
administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and
Local Entities," dated July 7, 2008; EOs 12829, 1 2958, 12968, and other applicable executive orders; the National
Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or
instructions. Security requirement documents may be located at: Inttp,/l wKt. dlis .aovFenpghirtgrantslindexslnip
51. bnmediately upon determination by the award recipient that funding under this award may be used to support a
contract, subaward, or other agreement involving access to classified national security information pursuant to
paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or
other agreement, the award recipient shall contact ISPB, and the applicable Federal department or agency, for
approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdinitiistratiN- Sceurityul'.dhs.;gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD /Industrial Security Program Branch
Washington, D.C. 20528
52. Will comply with the requirements regarding Data Universal Numbering System (DI.1NS) numbers. If recipients
are authorized to make subawards under this award, they must first notify potential subrecipients that no entity
may receive or make a subaward to any entity unless the entity has provided a DUNS number,.
For purposes of this award term, the following definitions will apply:.
a. "Data universal Numbering System (DUNS)' number means the nine digit number established and
assigned by Dun and Bradstreet, hie, (D &B) to uniquely identify business entities. A DUNS number may
be obtained from D &B by telephone (currently 866 - 705 -5711) or the Internet, currently at
httpa /fcd oy.dnb.epiplwebrorm.
b. "Entity ", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart
C, as a Govenunental organization, which is a State, local government, or Indian Tribe; or a foreign public
entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or
a Federal agency, but only as a sub recipient under an award or subaward to a non - Federal entity.
C. "Sttbaward" means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award to an
eligible subrecipient. It does not include your procurement of property and services needed to carry out the
project or program (for further explanation, see section 210 of the attachment to OMB Circular A-
133, "Audits of States, Local Governments, and Non - Profit Organizations ") and may be provided through
any legal agreement, including an agreement that you consider a contract.
Page 7 Initials
d. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to
you for the use of the Federal funds provided by the subaward.
53. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a -7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 327 -333), regarding labor standards for Federally - assisted construction sub - agreements.
54. Agrees that equipment acquired or obtained with grant funds:
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.
55. Will comply with Homeland Security Presidential Directive (HSPD) -5, Management of Domestic Incidents. The
adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness
assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to
enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work
together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of
cause, size, location, or complexity.
56. Will comply with OMB Standard Form 424E Assurances — Non construction Programs, whereby the awarding
agency may require subgrantees and subrecipients to certify to additional assurances.
57. 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." As required by Executive Order 12549, Debarment and
Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the
applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed
irresponsible in their dealings with the Federal government. Applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial
of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any
Federal department or agency.
b. Have not within a three -year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public
transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property.
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 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
d. 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.
58. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with
Federal funds.
59. Will obtain, via Cal OES, the prior approval from DRS on any use of the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal,
logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Page 8 Initials
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U,S.C. § 701 et seq.), which
requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace.
The recipient must notify the awarding office if am employee of the recipient is convicted of violating a criminal
drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are
codified at 2 CFR 3001.
61. Will comply with the requirements of the government -wide award term which implements Section 106(8) of the
Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175,
This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,
November I3, 2007. In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include
a condition that authorises the agency to terminate the award, without penalty, if the recipient or a subrecipient
engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a
commercial sex act during the period of time that the award is in effect, or uses forced labor in the performance of
the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15.
61 Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to their programs and services. Meaningful access may entail providing language assistance
services, including oral and written translation, where necessary. Recipients are encouraged to consider the need
for language services for LEP persons served or encountered both in developing budgets and in conducting
programs and activities. Recipient shall comply with DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons, 76 Fed. Reg. 21755- 21768 (.April 18, 2011), resulting from Executive Order 13166. For assistance and
information regarding LEP obligations, refer to DHS Recipient Guidance at t s1/www.dhUs vv' idance.-
61 Will comply with the requirements of 42 U.S,C. § 7401 et seq, and Executive Order 11738, which provides for the
protection and enhancement of the quality of the nation's air resources to promote public health and welfare and
for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered
research for other purposes.
64. Will comply with the requirements of the Federal regulations at 45 CPR Part 46 and the requirements in DHS
Management Directive 026 -04, Protection of Human Subjects, prior to hnplementing any work with human
subjects. The regulations specify additional protections for research involving human fetuses, pregnant women,
and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is
governed by applicable State and local law and is not directly regulated by 45 CFR Part 46,
65. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C.
4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment,
including protection against natural disasters. To comply with NEPA for its grant- supported activities, DHS
requires the environmental aspects of construction grants (and certain non - construction projects as specified by the
Component and awarding office,) to be reviewed and evaluated before final action on the application.
66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended, which
provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a
structure hnsured under the Act that is located along the shore of a lake or other body of water and that is certified
by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, These
regulations are codified at 44 CFR Part 63.
67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et
seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be
provided in identified flood -prone communities in the United States, unless the community participates in the
National Flood Insurance Program and flood insurance is purchased within one year of the identification. The
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flood insurance purchase requirement applies to both public and private applicants for DHS support. hists of
flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA.
68. Will comply with the requirements of Executive Order 11990, which provides that federally - tended construction
and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that,
in furtherance of section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by
taw, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency
finds that there is no practicable alternative to such construction, and that the proposed action includes all
practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head
of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure
requirement described above also pertains to early public review of any plans or proposals for new construction in
wetlands. This is codified at 44 CFR Part 9.
69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c.
Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery
system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or
other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons,"
as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a
select agent.
70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal
OES.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report catch
action that obligates $25,000 or more in Federal funds that does not include Recovery fiords (as defined in
section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in the following
paragraphs to Cal OES. For subaward information, report no later than the end of the month following the
month in which the obligation was made. (For example, if the obligation was made on November 7, 2013,
the obligation must be reported by no later than December 31, 2013.)
c. What to report: You must report the information about each obligating action that the submission
instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http:// www .sec.goN,/answerst'execomp.htm. Subgrantees must report subrecipient executive total
compensation to Cal OES by the end of the month following the month during which you make the
subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report on subawards, and the total compensation of the
five most highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal year, if
i. the total Federal finding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues
front Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency ,Act, as defined at 2 CFR § 170,320 (and subawards); and
$25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2
CFR § 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To
deteruine if the public has access to the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
11 tp71N.1 :Wt w_ see z_ovanswrs /execelm —f trrr,)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each
first -tier subrecipient under this award, you shall report the names and total
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compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if in the
subrecipient's preceding fiscal year, the subrecipient received 80 percent or
more of its annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in
annual gross revenues from Federal procurement contracts (and subcontracts),
and Federal financial assistance subject to the Transparency Act (and
subawards); and the public does not have access to information about the
compensation of the executives through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a),
78o(d)) or § 6104 of the Internal Revenue Code of 1986.
71. Understands that failure to comply with any of these assurances may result in suspension, termination, or
reduction of grant funds.
72. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for
and on behalf ofthe said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
Page I l Initials
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH I
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. 2015 -12 was duty 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 24" day of February, 2015, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter,
Council Member Duffield,
Mayor Selich
NAYS: None
Council Member Petros, Council Member Curry,
Council Member Muldoon, Mayor Pro Tern Dixon,
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25`h day of February, 2015.
A I &&
City Clerk V
Newport Beach, California
(Seal)