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Home My WebLink About2013-20 - Transfer Agreement for FY 2012 Urban Area Security Initiative (UASI) Grant Program PurposesRESOLUTION NO. 2013 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER AGREEMENT FOR FISCAL YEAR 2012 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM PURPOSES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF ANAHEIM AND AUTHORIZING THE CITY MANAGER AND THE FIRE TRAINING BATTALION CHIEF TO ACT AS THE "AUTHORIZED AGENTS" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS NECESSARY TO IMPLEMENT THE TRANSFER AGREEMENT AND OBTAIN FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB - GRANTED THROUGH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY. WHEREAS, the City of Newport Beach ("City ") has partnered with the cities of Anaheim and Santa Ana to participate in the Fiscal Year 2012 Urban Area Security Initiative (UASI) Grant Program. The City will request equipment and 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 2012 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, BE IT RESOLVED as follows by the City Council of the City of Newport Beach: Section 1: Approve the Transfer Agreement for Fiscal Year 2012 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 Training Battalion Chief to act as the "Authorized Agents" to execute on behalf of the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security and sub - granted through the State of California Emergency Management Agency. 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 12th day of March , 2411 ATTEST: Keith D. Curry, Mayor Leilani 1. Brown, City Clerk EXHIBIT 1 City Contract Number TABLE OF CONTENTS Section Descriotfon §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 It TERM AND SERVICES TO Bg PROVIDED §201. Time of Performance §202. Use of Grant Funds III PAYMENT §301. Payment of Grant Funds and Method of Payment 8 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 g §406. Breach 10 §406. Prohibition Against Assignment or Delegation 10 §407. Permlis 10 §408. Non Discrimination and Affirmative Action 1 D §409. Bonds 11 TABLE OF CONTENTS SeciioP_ _n 1 MMption §410. Indemnification 11 §411. Conflict of Interest 11 §412. Restriction on Disclosures 13 §413. Statutes and Regulations Applicable to All Grant Contracts 13 §414, Federal, State, and Local Taxes 20 §415. Inventions, Patents and Copyrights 20 §418. MBEIWBE 22 V DEFAULTS S,4.t,SPENSION. TERMINATION. AND AMENDMENTS � s- # _ V ENTIRE AGREEMENT §801. Complete Agreement §602. Number of Pages and Attachments 23 23 24 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 Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EOUIPMENTfSERVICES OR FOR ♦ a FOR FY2012 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF ANAHEIM AND CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into this 16th day of January. 2093, by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY), and CITY OF NEWPORT BEACH (the "SUB- RECIPIENT° or "Contractor"). WtTNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the AnahelmtSanta Ana Urban Area under the FYI Urban Areas Security initiative, has applied for, received and accepted a grant entitled "FY 2012 Urban Areas Security Initiative" from the federal Department Of Homeland Security(DHS) Federal Emergency Management Agency (FEMA), through the State of California Emergency Management Agency (CalEMA), to enhance countywide emergency preparedness (the "grans), 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 2012 Homeland Security Grant Program (HSGP) Funding Opportunity Announcement IF OA)' http:/ hvww. fema .moyWfltovemment/granV2012 /fyt2 hsggfaa.2df California Emergency Management Agency "FY2012 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application lof Copies of the grant guidelines shall be retained In the Anahelm/Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ("CITY") and is overseen by the Calliornia Emergency Management Agency ( "Cab EMA'); 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 CASAUA) consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, including the unincorporated area of the County of Orange, Santa Ana Unified School District Police, Califomia Stake University, Fullerton, University of Cafillbrnia, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and WHEREAS, the Office of Grants Management COGMO) awarded a FY12 UASI Grant of $307,738 i"Grant Fundsl 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 Bureau ("UASI Grant Office ") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Otfiee now wishes to distribute FYI UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to CITY OF NEWPORT BEACH CSUB- RECIPIENT') and others, WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this Agreement as authorizes by the City Councll and the City Manager which authorizes the CITY to prepare and execute the Agreement NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS; I INTRODUCTION §101. Parties to the Aareamem The parties to this Agreement are: A, The CITY, a municipal co oration, having Its principal office at 8201 East Santa Ana Canyon Road, Anaheim, CA 92808; and B. CITY OF NEWPORT BEACH, a municipal corporation, 3300 Newport Beach, Building B, Newport Beach, CA 92663 §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 shalt 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 Emergency Management Bureau 425 South Harbor Boulevard Anaheim, CA. 92805 Phone: (714) 765 -3879 Fax: (714) 765 -3805 dvangsness@anaheim.net 2 The representative of CITY OF NEWPORT BEACH shall be: Katie Eing, Emergency Services Coordinator CITY OF NEWPORT BEACH 3300 Newport Beach, Building B, Newport Beach, CA 92883 Phone: (949) 644 -3109 E -mail. keing @nbfd.net B. Format 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. It the name of the person designated to receive the notices, demands or communications or the address of such person Is charged, 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, SU"ECIPIENT 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 ExacWon of This Aoreemiln2 SUS - RECIPIENT shag 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 pan hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 4160 of this Agreement and attached hereto as Exhibit B and made a part hereof. SUS-RECIPIENT shall also file a Disclosure Form at the end of each calender quarter In which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously fled by SUS - RECIPIENT. u TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on January g, 2013 and end on March 31, 2014 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) ante any additional period of time as is regWred to complete any necessary close out activities. Said term Is subject to the provisions herein. §202. Use of Grant Furxis A. CiTY may, a) transfer to SUS - RECIPIENT, equipment or services purchased with grant funds and In accordance with grant guidelines set faith above, or, b) reimburse SUB - RECIPIENT for purchase of authorized equipment, exeroises, 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 shag 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. S. SUB - RECIPIENT shall provide any reports requested by the CITY regarding the perfo finance of the Agreement. Reports shag be In the form requested by the CITY, and shalt be provided in a Urnely manner. B. The Authorized Equipment List (AEL) Is a list of the allowable equipment which may be purchased pursuant to this Agreement and Is located at h=. /iw Av.dtb,cis, and Incorporated to this Agreement by reference, A copy of the AEI. shah be retained in the AnaheimiSanle Ana Grant Office. Unless othanacise stated in program guidance any equipment acquired pursuant to this Agreement shell meet all mandatory regulations and /or OHS- adopted standards to be eligible for purchase using grant funds. SU& RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and fallow its own procurement requlremants as torng as they meet the minimum federal requirements. Federal procurement requirements for the FY 12 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 Pan 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Any equipment acquired orobtainad with Grant Funds; 1. Shall be made available under the Calffomla 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 CapaNlItles, the State Homeland Security Strategy and the AnaheinVSanta Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy; and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the Califomia 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 Title 44 CFR Part 13.32 and 13.33 For the purposes of this subsection, "Equlpmenr is defined as nonexpendabie property that is not consumed or does not lose its Identity by being Incorporated Into another item of equipment, which costs $5,801) or more per unit, or is expected to have a useful Gfe of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment; Meiectronics communications equipment for stationary or vehicudar use, including cellular telephones acquired by lease or purthase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers; 5. 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 Govemment, providing such use will not Interfere with the work on the projects or program for which k was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 7. Shall be recorded an a ledger. This record must be updated bi- annually and forwarded to the City. The record shall include: (a) 6 description of the item of Equipment, (b) manufacturers 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 GST. 8. All equipment obtained under this Agreement strait have an ASAUA Identification decal affixed to it, and, when practical, shall be affixed where it is readity visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10-SUB-RECIPIENT shag 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 We 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 2012 Homeland Security Grant Program, as set forth above. All training expenses must be pre- authorized by Cal-51M at http:/ wow. tlmtrespondertratring .govtadmin. A catalogue of Grantor approved and sponsored training courses is available at http: fiwww. firstrespondertraining .gov)odp_wabfomts. E. Any exercise past pursuant to tras Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http:fihsesp.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 20912 Homeland Security Grant Program, as set forth atwve. G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as set forth above. III PAYMENT §301. Payment of Grant Funds and Method of Payent A. CITY may, a) transfer to SUS- RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUS - RECIPIENT for the purchase of authorized equipment, exercises, services or training upon raceivkhg 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. SUS-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 neaded, SUB - RECIPIENT may contact the Anehelm Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and titre 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 p) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted electronically at https:08,184. SOL 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 cerutcates Issued or a copy of the class roster verifying training attendees, proof that a CeIEMA tracking number has been assigned to the course, timeshosts and payroll registers for all training aftendee% receipts for travel expenses related to the training, and Training Reimbursement Worksheet For regional project reimbursements, SUB - RECIPIENT must include approval from the Ind agency for all submitted ivoices. 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. IM , - -. AN titles or subtitles appearing herein have been inserted for convenience and shall not be doomed to affect the mearting or construction of any of the terms or provisions hereof. The language of this Agreement shag be construed according to its fair meaning and not strictly for or against either party. The word "Sub- rectpient" 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 shag be joint and several, Use of the feminine, masculine, or neuter genders shall be deemed to include the gsrxiers not used. Each party s performance hereunder shah 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 lays of the State of California and the CITY. If any part, term or provision of this Agreement shall be hold void, illegal, unenforceable, or In conflict with any few 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 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, whather written or oral, ruing thereto, This Agreement may be amended only by a written instrument executed by both parties hereto. §444. Excusable Delays In the event that performance an 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 fiabiifty 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 wlilfut or negligent acts or omissions and to the extent that they are beyond the party's reasonable controL Except for excusable delays, if any party falls 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 rots 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 Dalanaiiog SUS- RMPIENT may slot, unless it has first obtained the written pemtission of the CITY, A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Relegate, subcontract, or otherwise transfer any of Its duties hereunder. §407. ftnits SIJ"ECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUS- RECIPIENT performance hereunder and shah 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 Af f a#ive 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 shah 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 - RECIPIENT strap comply with Executive Order 11246, entitled 'Equal Employment Opportunity," as amended by Executive Girder 11375, and as supplemented In Department of Labor regulations (41 CRF Part 60). 10 If required, SUB-RECIPIENT shall submit an Equal Employment Opportunity Plan CESOP") to the DOJ Office of Civil Rights rOCRJ In accordance with guidelines listed M bttp:/Aww.ojp.usdoj.gov/Gcr/eeop,htm. Any subcontract entered Into by the SUB- RICIPIENT relating to this Agreement, to the extent allowed hereunder, shale be subject to the provisions of this § 408, SUB- RECIPIENT must purchase a performance bond for any equipment item over $ 60,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. §410. Indemnification To the fullast extant of the law, SUB - RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, its offloers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costa, or Dabllity 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 SUS-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, ar where time 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 Wrier or organlzation has a financial interest In the subcontract; 1 The subcontractor is someone wdth 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, Caitiorma Government Code §87100 at seq. if such person were a public offioar, because such person would have a "financial or other tnteraer In the subcontract S. Definitions: 1. The term immediate family" Includes but is not timiled to domestic partner and/or those perms related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in taw, mother In taw, brother In law, sister in law, son In taw, daughter in law. tt 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 shag 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 posthon to benefit from the actions of any officer, employee, or agent). @. The SUB - RECIPIENT shall not subs ord act 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'$ approval of any subcontract, the SUB - RECIPIENT shah 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. R For further clarification of the meaning of any of the terns 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 SUS - 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 hisfher tenure as such employee, member or officer or for one year thereafter. 1. The SUB - RECIPIENT shall Incorporate the foregoing subsns of this Section Into every agreement that it enters into In connection with this pmject and shall substitute the term " subcortractr" for the term "SUB - RECIPIENT" and "sub subcontractor' for "Subcontractor". 12 §412. Restriction ga Di jcposures 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 Reculatiorac Aog3icable To Ail Grant Contracts A. SUB - RECIPIENT shalt comply with all applicable requirements of state, federal, county and SUB - RECIPIENT taws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB-RECIPIENT shah comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment, $UB- RECIPIENT shall comply with now, amended. or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are riot limited to: 1. Office of Mgnaaement and Bugw {4W) Circulars SUB - RECIPIENT shall comply with OMB Circulars, as applicable: OIVIB Circular A-87 (Cast Priticiples for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225); OWB Circular A- 102 (Grants and Cooperative Agreements with State and Local Governments, found In 44 CFR Part 13 "Uniform Administrative Requirements for Grams and Cooperative Agreements to State and Local Governments"): OMB Circular A -133 (Audits of States, Loos] Governments, and Non -Profit Organizations, 2. SingleAudit Act It Federal funds are used in the performance of this Agreement SUB - RECIPIENT shaft 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 FY12 UASI Grant Program under the Single Audit Act, SUB- RECIPIENT shall use Catalog of Federal Domestic Assistance (CPDA) Program Number 97.067 'Homeland Security Grant Program'; Grant Identification Number 2012 - 00123; and Identify the City of Anaheim as the Pass - Through, 3. Arpgricp,tts with Disabilities Act SUB - RECIPIENT hereby cerilfles that it will comply with the Americana with Disabilities Act, 42 USC §§ 12101, at seq., and its implementing regulations. SUB-RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabltlties to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with 13 Disabilities Act. SUB- RECIPIENT will not discriminate against parsons 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, shalt be subject to the provisions of this paragraph. 4. Pouf goo S cterian Activity mhlbfted None of the funds, materials, property or services provided directly or Milreotly under this Agreement shalt 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, Norte 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 $160,000 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 §1362. A copy of the Certificate is attached hereto as Exhibit B. No funds will be released In SUE - RECIPIENT untlt the Certification is filed. SUB - RECIPIENT shall #9e 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 Disc+re 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 shag certify and disclose ecoordingly, E Records Insptsctlon At any time during normal business hours and as often as the CITY, the U.S. Comptroller General, andfor the Auditor General of the State of California may deem necessary, SUB- RECIPIENT shah make available for examination all of Its retorts with respect to all matters covered by this Agreement. The CITY, the U.S. Comptroller General andlor 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 and curer 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. 14 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 termination of this Agreement and after final disposition of all pending matters. "Pending matters" Include, but are not limited to, an audit, Iillgation or other actions involving records. The CITY may, at Its discretion, take possession of, retain and audit sold 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, $ Labor 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 shalt oom y, as applicable, with the provisions of the Davis -Bacon Acf (4D U.S.C. § §276a to 276a -7), the Co eland Act (40 U.S.C. §276c and 18 U.S.C. 074), the Contract Work Hours and Safeattyy Standards Act (40 U.S.C. § §327 -333), regarding labor starufards for federally- assisted construction sub - agreements, and the Hatch act (5 USC § §1501 -1506 and 7324 - 7328), SUB - RECIPIENT shall comply with the Federal Fair Labor Standards Is i i , , Act 929 USG §201) ragarding wages and hours of employment. None of the funds shall used to promote or defer Unlontlabor organizing activities. GA Go I Code Sec,16845, et seq. F2 SUB-RECIPIENT shalt comply with all Federal statutes relating to nondiscrimination. These include but are not ilm led to: (a) Title VI of the Chill Rights Act of 1984 (P.L, 88.352) which prohibits discrimination on the basis of race, color or national origin; (b) Tale IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 -1683, and 1685- 1686), which prohibits discriminailcn 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. §§8101.6107), which prohibits discrimination on the basis of age; (a) 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 as 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the civil Rights Act of 1988 (42 U.S.C. §§3601, at seq.), as amanded, relating to non - discrimination in the sale, rental or financing of housing; (8) arry other nondiscrimination provisions in the spec statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statutes) 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 li and 811 of the Uniform relocation Assistance and Real Property Acquisition Pollcles Act of 1970 (P.L. 91 -845) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or faderally. assisted programs. These requirements apply to all interests in real 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 underthe National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (ED) 11514; (b) notification of violating facHities pursuant to 16 EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in fioodplains 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(0) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401, at seq.); (g) protection of underground sources of drinking water under the Safe Driniing 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 (1) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93- 234),. SUB- RECIPIENT shall comply with the Wild and Scanic Rivers Act of 196B (16 U.S.C. § §1271, at 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, at 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, at 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, SUS- RECIPIENT ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public resources Code §21000, at seq. and is not Impacting the environment negatively. SUB - RECIPIENT shall comply with the Energy Policy and Conservation Act (P.L. 94 -183, 89 $tat 871). SUB - RECIPIENT shall comply, if applicable, with the provision of the Coastal Banger Resources Act (P.L� 97 -348) dated October 19, 1982 Federal funds within the units of he prohibits; Coastal Ba�rrierriResources new System. 17 i 11. Preservation SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), E0 11593 (Identification and protection of historic pro perties), and the Archaeological and Historic Preservation Act of 1974 (16 U,S.C. §§46ga -1, at seq.). 12. Su son and Delbs.UM nt i SUB - RECIPIENT shall comply with Federal Register, Volume 66, 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 oonourrent with the execution of this Agreement and shall car6ty that neither SUB - RECIPIENT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excludad from participation in this transaction by any federal deparVnern head or aggency. SUB - RECIPIENT shati require tltat the languagge of this Cenlficatlon be iruJuded tin the award documents for all sutraward at all liars and that all subcontractors shall certify accordingly. 13. Druo-Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1986, 41 USC §701, 44 CFR Pan 67; the California Drug -Free Workplace Act of 1990, CA Gcv1 Code §§ 8350.6357. 14. Miscellaneous SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89 -544, 7 USC §§2131, at 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. SUS-RECIPIENT shall comply with new, amended, or revised laws, regulations, andlor procedures that apply to the performance of this Agreement. These requirements Include, but are not limited to: I 1, Title 44 Code of Federal Regulations (CFR) Part 13; E012372; Department of Justice (DOJ) Office of Judicial Pro rams (OJP) Office j of the Comptroller, U.S, Department of Homeland Cou t. Preparedness Directorate Financial Management Guider; 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 Ruts. 18 i Standardized Emergency Management System ($EMS) requirements as stated In the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Tale 2, § 8607,1(a) and CCR Tille 18, §§ 2445.2448. Provisions of 44 CFR applicable to grants and cooperative I agreements, Including Part 18, Administrative Review Pr dares; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of ideri ftble Research and Statistical lnfonnalton; Part 23, Criminal intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and AchvlUas; Part 35, Nondiscrimtnafion on the Basis of Disability in State and local Government Services; Part 38, Equal Treatment of Falth »based Organizations; Part 42, Nondiscriminatton/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for implementing the National Environmental Policy Act; Part 63, Floodplaia Management and Weiland Protection Procedures; Part 64, Floodplain Management and Weiland Protection Procedures; Federal taws or 4 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 Wortrplaos (grants). Nondiscrimination requirements of the Omnibus Crimea Control and Safe Streets Act of 1966, as amended, 42 USC 3789(d), 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 an other applicable federal laws, orders, circulars, or regulations. 2. Travel Exoenses I SUB - RECIPIENT as provided herein may be compensated for SUB - RECIPIENTS reasonable travel expenses Incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including Irv-State and out -of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office, sue- RECIPIENTS travel and per them reimbursement costs shall be reimbursed based on the st i84MCIPIENTS travel policies and procedures, it SUB - RECIPIENT does not have established travel policies and procedures, SUB - RECIPIENTS reimbursement rates shall not exceed the amounts established by the State 19 i Department of Personnel Administration Rules and Regulations, PML 97.024, Section 599.619, dated July 1, 9997 and Section 599,631„ and as amended from time to time. 3. NoncoMaiance 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 Nable 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 Lml Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an Independent party and not as a CITY employee. §415. InvenMons, egkaj ondCopyrilghts 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 seek protection on the Invention. The Grantor shall determine how the rights In the Invention, including rights under any patent issued thsrecn, will be allocated and administered In order to protect the public tntsrest 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. 96.820, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 211811983); and Executive Order 12591, 41101167, 52 FR 13414, 3 CFR, 1987 Comp_, p. 220 (as amended by Executive Order 12616, 12122187, 52 FR 48661, 3 CFR. 1987 Comp., p- 282). SUB - RECIPIENT 26 - - - -- __..a 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, irtevocable, 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 Polfov 1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when capyrightable material ( "Materialq 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, royatyy- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement 1 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. r .�. - The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced ar delivered under this Agreement. "UnUmited 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 notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright ycanse as set forth in 48 CFR 27.404(fX2) Instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subporttractom SUB - RECIPIENT shall require all subcontractors to comply with the obligations of this section by Incorporating the terms of this section Into all subcontracts. 21 §416. Minority. Worrren. And Other Business Entemrise Ouhaach Prgarp It is the policy of the CrrY to piovide minority business enterprises (MBEs), woman 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. w V DEFAULTS. SUSPENSION. TERMINATION, AND AMENDMENTS 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 thersto. SUB - RECIPIENT agrees to comply with all future CITY Directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 23 vt ENTIRE; AC,RE£MENT §Wl1 Comotata 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 gj P es and AftachMgo This Agreement Is executed In two (2) duplicate originals, each of which is deemed to be an origtnat. This Agreement Includes twenty -five (26) pages and three (3) Exhibits which constitute the satire understanding and agreement of the parties. 24 IN WITNESS WHEREOF, the City and CITY OF NEWPORT BEACH have caused ths Aggreerrent to be executed by their duly authorized represe-jitatives on the date first set forth above, ATTEST: Linda N, Anal Clerk of the Council RECOMMENDED FOR APPROVAL: BY John WeRer Chief of Police APPROVED AS TO FORM: By Kristin Pollotmr Sr. Assistant City Attorney CITY OF ANAHEINT, a municipal Corporation of the State of Calfornia By: Sob wiwjenroth City Manager SUS-RECIPIENT CITY OF NEWPORT BEACH By: __ ....... Printed Name Title APPROVED7AS O FORM By: Printed Name 4" Title T CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to dre regulations cited below to determine the certification to which they am 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 M covering New Restrictions on Govenu a;at -wide Debarment and Suspension (Nooprocurcmcm). The certification shall be treated as a material representation of fact upon whidm reliance will be placed when the Agency determines w award the covered transaction or cooperative agratmaml, As requited by Executive Order 12549, Debarmeat and Suspension, and implomcmcd under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR 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 volutnarlly excluded from covered transactions by any Federal department or agency, (b) Have not within a ilrrce -year period preceding this application been convicted of or had a civil Judgment rendered agamst 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 oontr ct under a public transaction, violation of Federal or State antitrust statutes or commission of embezahmom, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property; (e) Are not presently indicted for or otherwise criminally or civilly charged by a government entity ( Federal State or locale with commission of any of theca offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three -year period preceding this applicati i. By signing and submitting this document, the prospacBVa recipient of Federal assistance funds is providing the certification so set cut below. 2. The certification In this clause Is a matt[ representation of fact upon which reliance eras placed when Iola bansaction was entered Into. N It is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous cartification, in addition to other remedies available to the Federal Govammant, rho department or agency with which this transaction originated may pursue available remedies, including suspanaron andfor debarment 3. The prospective redplard of Federal assistance funds shall provide Immediate written notice to the person to whom this agreement is entered, if at shy time the prospective recipient of Federal assistance funds learns that de certification was erroneous, when submitted or has become erroneous by reason of changed okdumstances- 4. The terms "covered tmnsatWn." "debarred, ""suspended; "irialigible, ""dower tier covered transaction." "paniQpant," "person,^ "primary covered uansecgan; "prinoipat," "proposal," and "voluntorfiyexcluded,' as used in thhs clause, have the meanings set out in the Definitions and Coverage secllons of rules Implementing l= xaculive, Order 12548. S. The prospective recipient of Federal assistance funds agrees by submitting this propose[ that, shoudd the proposed covered transaction be entered €nlo, it shag not knowingly error Into any lower tier covered transaction with a person who is debarred, suspended, decfared Ineligible, or volurearity excluded from pamcipation in this covered transaction, unless tormoriaed by the department or agerncywith which this transaction olghtfled. S. The prospective reciplom of Federal assistance funds further agrees by submiting this proposal that it will Include the clause Wad "Certffxatlon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusdmt Lower Tier Covered Transactions; without moM allon, In al lower gar covered transactions and in all stdidartions 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, Insliglble, or Voluntarily excluded from the covered transaction, unless g knows that the certilicetioi is erroneous. A parlictpent may decide the method " frNwancy by which It determines the eligibility d its principals. Each Participate may, but is not re tube! to, check the List of Parties boded from Procurement or Non Procurement Proorams, S. Nothing cwniatnsd in the feragoing shag be oarorued to require establishment of a system of records in order to rendon In good faith the osrdlication ro* dred by this clause. The knowledge and Information of a panicipam is not raituired to exceed that width is normally possessed by a prudent person in the ordinary come of business dealings. g. Except for transactions authoriaad 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, debmvad. drrsBglbie, or vostntary 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 arnMo debarment. 27 EXHIBIT B CERTIFICATION REGARDING LOBBYING Ggtfi(ication for ContmM Grants. Loans and Cgggaradve Agreements The undersigned cer6Cies, to the best of his or her knowledge and belief, that 1, 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 Mlernber of Congress, an oifcar 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, tf 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 shell complete and submit Standard Form LLL "Otsalvsure 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 subawarfs at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciplents shaft certHy, 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 tails to file the required cerlificatkxn 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 NAME AND TITLE OFAUTHORIZED REPRESENTATIVE SIGNATURE DATE 28 As the duty authorized representative of the applies=, I certify that the applicant named above: I . Will awwo that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination ofma4imad priority efforts to prevem, respond to, and recover from tenorin attacks, major disasters and other emergencies. 2. Has the legal authmlty to apply for Federal assistance and has the institutional, managerial and fmaneial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)tFedcral Emergency Management Agency (FEMA) and sub - granted through the Slate of California, California F,mcrgeatcy Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable. fair, and ressonabto costs only and will not be minsftmed between gram program (for examptet State Homeland Security Program, urban Area Security Initiative, Chian Craps program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitmems included in the FY2012Investment Justifications mbmiued to DHSIFEMAfCal EMA, whore applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United Slates, the State of California, the Office of Inspector General, through any authorized representative, wee" to, and the right to examine, all paper or electronic records, books, or doeunwms related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards andlor awarding agency directives, b. Agrees that floods utilized to establish or enhance State and Local fusion content must support the skimlopurcrd ofa statewide fusion process that corresponds with the Global 3usticoliameland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baselfi a level ofeepability as defined by the Fusion Capability Planning Tool. 7. Will provide progress reports, and other such information as may be iciluirod by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -five) drys of the award, and updsic via the Grant Reporting Toni (GR7) twice each yeo7- g. Will initiate and complete the work within the applicable time frame after receipt of appieval from Cal EMA. 9- Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 29 EXHIBIT C Cafifisoia Emergency Management Agency (Cal EMA) FY2012 GranrAssuroacrs (All HSGF Applicants) Name of Applicant; Address; City: State: _ Zip Code. Telephone Number; Fax Number: E-Mail Address: As the duty authorized representative of the applies=, I certify that the applicant named above: I . Will awwo that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination ofma4imad priority efforts to prevem, respond to, and recover from tenorin attacks, major disasters and other emergencies. 2. Has the legal authmlty to apply for Federal assistance and has the institutional, managerial and fmaneial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)tFedcral Emergency Management Agency (FEMA) and sub - granted through the Slate of California, California F,mcrgeatcy Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable. fair, and ressonabto costs only and will not be minsftmed between gram program (for examptet State Homeland Security Program, urban Area Security Initiative, Chian Craps program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitmems included in the FY2012Investment Justifications mbmiued to DHSIFEMAfCal EMA, whore applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United Slates, the State of California, the Office of Inspector General, through any authorized representative, wee" to, and the right to examine, all paper or electronic records, books, or doeunwms related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards andlor awarding agency directives, b. Agrees that floods utilized to establish or enhance State and Local fusion content must support the skimlopurcrd ofa statewide fusion process that corresponds with the Global 3usticoliameland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baselfi a level ofeepability as defined by the Fusion Capability Planning Tool. 7. Will provide progress reports, and other such information as may be iciluirod by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -five) drys of the award, and updsic via the Grant Reporting Toni (GR7) twice each yeo7- g. Will initiate and complete the work within the applicable time frame after receipt of appieval from Cal EMA. 9- Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 29 10. Will comply with all provisions of DHStFEMA's codified regulation 44, Part 13, Uniform Administrative Requlrements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest named on advances. I L Will comply with all provisions of 48 CFR, 31,2, Federal Acquisition Regulations (FAR), Contrnrts with Commercial Organizations. t 2. Will establish safeguards to prohibit employees from using their positions for a purpose $hat constitutes, or presents the appearance of, personal ororganizational conflict of interest. orpersonal gain for tlremseivcs or mlim, particularly those with whom they have family, business, or other ties. 13. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, rn"ficafco or adoption of any law, regulation, or policy, at any level of government, without the expires prior written approval fmat DHSIFEMAJCai EMA. 14. Agrees that, to the extent contractora or subcontractors are utilized, will use strait, minority- awned, woman - owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significi at impact on award - supported activities, including changes to key program staff. 16, Will comply, if applicable, with the i.ead -Based Point poisoning Prevention Act (42 114.C, §§ 4801 ct sail.) which prohibits the use of lead based point in construction or rehabilitation of structures. 17. Will comply with ail Federal and State Sumacs relating to Civil Rights and Nondiscrimination. These ineIu ko but are not limited to: a, Title VI of the Civil Rights Act of 1964 (P.L, 88.352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title D: of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683 and 1685-1686), which prohibits discrimination on the basis of gender. e. Section $04 of the Rehabilitation Art of 1973, as amended (29 U.B.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. c. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92.255), as amended, relating to nondiscrimination on the basis ofdtug 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. S. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U,S.C. 290 dd -3 and 290 to -3), as amended, relating to confrdeatisMy of alcohol and drug abuse paticm records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et serf.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, i. Title 44 Code of Federal Regulations (CFR) Pans t, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statutc(s) under which the application for Federal assistance is being made, k, Will, in $hc event that a Federal or State court or Federal or State administrative agency makes a flud"mg ofdisrriminnalon aRer a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a 30 recipient of funds, the rmipicnt w it forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Faiploymem Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 80 days of grant award. m. Will comply, and assure the compliance of all its subgrealcea and contractors, with the nandiscriminmion requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Germs, M7100.1. 18. Will comply with the requirements of Thies 11 and If of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C: § 4b0 f at seq. (P.L. 91 -6461) which provides for fair and equitable treatmcat of persons displaced or whose property is acquired as a mutt of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation its purchases. Will also comply with Tide 44 CFR, Pan 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally - assisted programs. M Will comply, if applicable, with the Rood insurance purchase requirements of Section 102(a)ofthe Flood Disaster Protection Act of 1973 (PL 93 -234) which rewires recipients in a special Rood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable ounstruotlon and acquisition is tea thousand dollars (SI0,000) or mom. 20. Will onmpty with all applicable Federal, Stale, and Lott envtmamemal and historical pmsctvation (EHP) rS$ lremcros. Failure to meet Federal, State, and Local M& mquircraonts and obtain applicable permits may jeopardize Federal firming, Will comply with all conditions placed on any pmjectas the result of the MW review; arty clusige to the scope of work of a project will mquire roev dilation ofcampliance with these EHF requirements. 21. Will comply with all provisions of DHS+FEMA's oudifed regulation 44, Port 10, Environmental Considerations, 22. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DH5IFEMA/Cal B4A, 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 time EHP review. Any construction- related activities initiated without the necessary EHP review and approval will mutt in a nouoompliance finding, and may sot be eligible for reimbursement with DUSlFEMArCaf EMA funding. Any change to the scope of work will inquire re- evaluation a€aomplianue with the BHP. if ground - disturbing activities occur during the project impictncntation, the subgtarntenmost ensure monttoriog of the disturbance. if any potential archeological resources are discovered, the subgramee, will immediately cease activity in that area and notify DHSfFEMA/Cal EMA and the appropriate State Historic Preservation Office, 23. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in rwv- compliance finding. gtamms; must complete (be FEMA EHP Screening Form (OMB Number 166"1131FEMA Form 024-0- 0l) and submit it, with all supporting documentatimr, to the GPD BHP team at GPDEHPiofoQa frma.dhs.gov for review. IE 24. 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. fcma. govt doc7gavetnmanttgrantfhuUctinstinfra329 _fir�i_scrwsing_memo.�c 2$. 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 EMA and the Federal Grantor agency ofthe receipt of any communication from the Director of the EPA Office of Federal Activities indicating if facility to be used in the project is under consideration for listing by the EPA. 26. Will provide any information requested by MWEMAJCai BMA to ensure compliance with applicable laws, including the follow€ F 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 (£011514). b. NotiEration of violating facaRtes pursuant to EO 11735. e. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S,C. §¢ 14$1 et seq.). d. 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 ct scq). c. Protection of underground sources ofdrinkiog water umierthe Safe Drinking Water Act of 1974, as amended, (P.L. 93.523). E California Environmental Quality Act (CEQA). California Public Resources Code Sootions 21080- 21098. California Code of Regulations, Title 14, Chapicr 3 Section 15000 - 15007. g. 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. h. Applicable provisions of the Coastal Barrier Resources Act (PL, 97.348) dated October 19, 1992 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal thuds within the units of the Coastal Barrier Resources System. 27, Will comply with Standardized Emergency Management System (SEMS) requirements as staked in the California Emergency Scmices Act, Government Code, Chapter 7 of Division I of Tide 2, Section 8607.1(e) and CCR Title 19. Sections 2445, 2446, 2447, and 2448. 28. Agnes that all publications treated or published with finding under this grant ahlI prominently contain the following statement. "'ibis document was pmpared uudor a grant from FEMA's Grant Programs Dmsawtate, U.S. Department of Homeland Security_ Points of view or opinions expressed in this document arc these of the authors and (1a not necessarily represent the official position or policies of FEMA's Grant Programs Dircemisic or the V,S, Deparemom of Homeland Security." Tho recipiem 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." 29. Acknowledges that DHSIFEMA reserves a royalty -free, nonexciusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize when to use, for Federal govcrnmcnt pmpcscs: a) the copyright in any work developed under an award or sub - award; and b) any rights of copyright to which a rucipzem or sub - recipient purchases ownership with federal support. 32 30, The recipient agrees to consult with DHSIFEMAtCal EMA regarding the allocation of any patent rights that arise from or are purchased with, this funding and has requested through the State of Califiluds, Federal financial assistance to be used to perform etigibte wort Wmved in the submitted application for Federal assistance and after the recalls of Federal financial assistatwa, through the State of Califorde, agrees to the following; a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government, b, hi the event the approved amount of the great is reduced, the raimbursemem applicable to the amount of the reduction will be promptly refunded to the State of California. c. Propertyfequipmmit purchased under the HSCrP reverts to Cal BMA if the grant funds are deobligasedtdisallowed andlisr not promptly repaid d. HSGP funds used for the improvement of mall property trend be promptly repaid following deobligatiouldisallowmeat of ousts or Cal EMA reserves the right to place alien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will I return all interest earned, in excess of Sltki per Federal Fiscal Year. 31. Will comply with the Intergovernmental Petsomerl Act of 1970 (42 U.S C. Sections 4728- 4763) rcfutiog to prescribed standards for merit systems for programs funded under one of the nioateen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 32. Will comply with previsions of the Hatch Act (5 U.S.C. Sections 1501 -1$08 and 7324 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds, 33. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1%6 (P. L. 89 -544, as amendod, 7 t,I.S.C. 2131 ei seq.) pertaining to the cam, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 34_ Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 20) as they apply to employees of institutions ofhight r education, hospitals, and other non -Profit organizations. 3$. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to E(312958 or any predecessor order to require protection againsi unauthorized disclosure and is marked to indicate its classified status when in documentary farm.. 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 ifthe award recipient has not been appmNw4 for and has =ass to such information. 36. 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, subawari, ormber agreement for goods or services that will include rimes to classified national security information by the contractor, subawarlee, at ocher entity without prior writien approval from the DHS Office of Security, industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department ar agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DNS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security 33 Program Opmating Manual (NISPOM); andfor other applicable implementing directives or instruction. All security requirement documents are located at: htip:itwvw,dhs.gov/Xopnbi7)gmnisrincL-x.shtm 37. Immediately upon detarmination by the award recipic at that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a connate, subaward, or other alinement, the award =!plant shall contact ISPB, or the applicable Federal department or agency, for approval and processing imermetions. DHS Office of Security ISPB contact information: Telephone: 202- 447 -5346 Email. DD254AdminisirativeS =nity)gdhs.gav Mail: Aeparanens of Homeland Security Office ofthcChkf Security Olfcer ATTN: ASD/InduArial Security Program Breach Washington. A.C. 20528 38. Agrees whh the requircmemut regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients arc authorized to make subawards under this award, they most nnnfy, potemiat subrocipimus that m entity (sea definition in paragraph C of this award tam) may Twelve or make a subaward to any entity unless the entity has provided its DUNS number. For porposes of this award tome, the following definitions will apply; a. "Date Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&.B by telephoac (currently 86 6-705 -3711) or the Internet, currently at hapJ(fedgay.dalaxomhvebfr m b, "Entity", as it is used in this award term, means all of the following, as defend at 2 CFR part 25, subpart C, as a Governmental 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•proth organizmmN or Federal agency, but only as a sub recipient under an award or subaward to a non- Federal entity, c. "Subaward" means a legal insouncat to provide support for the perforocance of any portion of the substantive project or program for which you tocaivod this award and that you as the recipient award to an eligible sulan eiputre. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, we Sac. 210 of the attachment to 4M8 Circular A -233, "Audits of States, Local Govt mnunts and Nan -Profit Organizations`) and may he provided durogh any legal agreement, including an agreement that you consider a contract. d. "Subrttiplcm "means an amity that receivesa subowa€d from you under this award; and is accountable to you for the use of the Fetters] funds provided by the subaward. 39, Will amply. as applicable, with the provisions of the Davis -Baum Act (40 U,S.C. Section 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U,S,C. Sections 874), and the Contract Work Honra and Safety Standards Act (40 U.S.C. Sections 327 -333). regarding labor standards for Federatty- assisted construction sub- alpeements. 40. Agrees tbat: a, No Fedcrat appropriated funds have been paid or will be paid, by or on behalf of the undwsigned, to any person for influencing or attempting to intluence an officer or employee of any agency, a Member of Congress, an officer or employce of 34 Congress, or an employee of a memberef congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, conihwolon, renewal, amendment, or modification of any Federal great or cooperative agreement. b. If any other hands than Federal appropriated funds have teen paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member ofCongress in connection with the Federal grant or cosyrerative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activabma in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiara including subgrams, contracts under guals and cooperative agreements, and subcontracts) and that all sub recipients shaft certify and disclose accordingly. This mmification is a material repreacrustiam 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 falls to file the required certification shall be subject to a civil penalty of act lass than $10,000 and mot more than S100A00 for each such failure. 4 41. Agrees that funds awarded under this great will be used to supplement existing funds for program activities, and will not supplant (replace) non - Federal fonds. 42. Agrees din a equipment acquired or obtained with grant funds; c. Will be made avoilablc pursuant to apphoatulc terms of the California Disaster and Civil Dafensc Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency nrodical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with pens nand trained in the use of such equipment inn manner consistent with the California Law Puforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. d. is consistent with needs as idendfred in the State Homeland Security Strategy and will be deployed in con£orrnanca with that Sttaegy. 43. Will comply with all applicable federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 cad A- 133, E -O. 12372 and the current Administrative Requimatams, Cost Principles, and Audit Requlaments. 44. Will comply with ail provisions of 2 CFR, including, Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A-I10); pant 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A•87); Par[ 220 Cost Principles for Educarional Institutions (OMB Circular A -21k Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A -122). 45. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 46, Agrees tocouperata with any assessin ms, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of nay information required for the assessment or evaluation of any activities within this agrocrucit. 35 47. Will comply with Federal Acquisition Regulations (MA part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 48. Will comply with the financial and administrative requirements set firth in the current edition of the DHS Financial Managernrnt Guide. 49. Agrees that all allocations and use of funds tinder this grant will be in accordance with the FY 2412 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2012 Homeland Security Grant Program Funding Oppomeury Announcement. Ail allocations arms use of finds under this gnat will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the Star: andfor Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California PY2012 Homeland Security Grant Program application. Further, use of FY12 funds is limited h) those investments included in the California PY12 iuvestmaat Justifications submitted to DHWEMArCal EMA end evaluated through the peer review process. 50. Will not make any award or permit any award (sabgram 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 12699, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Pars 17, for prospective participants in primary covered umtsaetions, the applicant conifer that it and its principals: a. Are not presently dekwned, suspmrxled, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a Slate or Federal court, or voluntarily excluded from covered transactions by arty Federal department or eey� b. Have not within a threa -year period pmxading this application been convicted of or had a civil judgment rendered against them for otnrrntission of fraud or criminal ot%nse in connection with obtaining, attempting to obtain, or performing a public (Federal, Stara, or local) transaction or contract under a public transaction, violation of Federal or State antitrust stetmes or commission of embculcmom, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stokm property. c, An no presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State, or local) with commission ofaay, of the offenses enumerated in paragraph (1)(b) of this certification: and have not within a three -year period preceding this application bad one or more public transactions (Federal, State, or local) terminated forcausa or default; and d. when the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 51. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 52. Will comply with the administrative "vii... mi; that apply to mast DHS award emuipients through a grant or cooperative agreement arise from two toueoac - Office of Management and Budget (OMB) Circular A -lilt, Uniform Administrative Requirements for Grants and Cooperative Agreements to Siatc and Lm4l Governments (also known as the "A -0U2 Common Rule "i, found under FEMA regulations at'fi le, 44, Code of Federal Regulations (CFR) part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local GooernmeoW - OMB Circular A -I 10, Unifom 36 Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Hon -Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/cost principles am contained in the A -142 Common Ruio, OMB Circular A -110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the awed. The fourcosts principles cheulars are as follows: - OMB Circular A -21. Cost Principles for Educational Institutions, relocated to 2 CPR Part 220. -OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Pan 225. - OMB Circular A -122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 234. —OMB Circular A- 133, Audits of States, Local Governments and Non -Profit Organizations. 53. Will acknowledge, agree. and require any subrecipirets, contractors. successors, transfarrrs, and mignees acknowledge and aprmto comply with applicable provisions governing DHS access tP records, accounts, documents, infmmmation, facilities, and staff, u. Rocipicats must cooperate with any compliance review or complaint investigation conducted by DHS and/or Cal EMA- b. Recipients must give DHS/Cal EMA 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 DHSfCai EMA regulations and outer applicable laws or program guidance. a Recipients must submit timely, complete, and accurate reports to the appropriate DHMal EMA officials and maintain appropriate backup documentation to support the ropmts. d. Recipients most comply with all maer special reporting, data collactioa, and evaluation requirements, as Prescribed by law or detailed in program guidance. c. 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 outoome, and copies of settlement agreements to the DHSICal EMA awarding of6ee and the DHS Office of Civil Rights and Civil Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, 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 most forward a copy of lite complaint and findings to the DHS Componem and/or awarding office. The Umhed States has the right to seek judicial enforcement of these obligations. 54. Agrees that none of rho finds provided under an 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 of xer or employee of Congress, or an employee of Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, Ion, cooperative agreement. These lobbying prohibitions con be found at 31 U.S.C. § 1352 55. Will comply with requirements to acknowledge Federal f rdingwhen iswing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in pan with Federal funds. 56. Will comply with requirements that publications or other exercise of copyright forany work first produced under Federal financial assistance awards haste related unless the work includes any information that is otherwise controlled by the Government classified information or oil= information subject to national security or export control 37 laws ar regulations). For any scientific, technical, or other copyright work based an or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disac minme, or prepare derivative works, and to authorize others to do an, for Government purposes in alt such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award numbar) to any work first produced under an award. 57. Will obtain DHS °s approval prior to using the DHS scal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, en*ts or reproductions of flags or likenesscs of Coast Guard officials. $8. Will comply with the requirements that project activities carried on outside the United States art coordinated as accessary with appropriate government authorities and that appropriate licenses, permits, or approvals arc obtained. 59. Will comply with the requirements of the Preference for US. Flag Air Carriers: Travel supported by US. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for imtemational air transportation of people and property to the extent that such service is available, in accordance with the briernatienal AirTranslwttation Fair Compcthlvc 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 8138942. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 at seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -flee workplace. The recipient must notify the awarding office if an 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 arc 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 (f VPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 975. This is implemented in accordance with OAIB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.ln actardante with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorfaes the agency to tetmioate the award, without penalty, if the recipient or a subsecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, preen= a commercial sex act during the period of time that the award is in efrech, or uses forced labor in the performance of the award or subawards undertho award. Full text of the award term is provided at 2 CFR § 17$.9 5, 62. Will comply with the requirements of Tide VI of the Civil Rights Act of 1964 (42 U.S.C. § 20ODd at seq.), which provides that no parson is the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or to subjected to discrimination ender nay program or activity receiving Federal financial assistance. 63. Will comply with Titic Vill of the Civil Rights Act of 1968, whicb prohfbfas to cip'tems from discriminating in the sale, rental, financing, and advertising of dwclhngs, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 cl seq. }, as implemented by the Department of Housing and Urban Development at 24 CPR Part 100- The prohibition 38 on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and Common use cress and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) =bc designed andconsut sad with certain accessible features (ace 24 CPR $ 100,201). 64, Will comply with the requiements of Titles 1, 11, and 111 of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in Cie operation of-public ent(tics, public and private transportation systems, planes Of public accommodation, and certain testing entities (42 U.S.C. §§ 12101.12213), 65. Will comply with the requirement ofllte Ago Discrimination Act of 1975 (42 U.S.C. § 6101 at seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal f mancial assistmtae. 66. Will comply with the requirements of Tide IX of the Education Ameadments of 1972 (20 U &C, § 1681 at seq,), which provides that no person in the United States will, on the basis of sex., be excluded from participation in, be domed the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal fitumciat assistance. These regulations am codified at 44 CPR Part 19. 67. Will comply with the requirements of Executive Order 13166, improving Access to Services for Persons with Limited English Proficiency, and mauling agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title V1, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipionis we encouraged to consider the need for age services for LEP persons served or encountered both in developing budgets and (n conducting programs and activities. For assistance and information regarding LEP obligations, go to hup:tlwww,lep,gov. 68. 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 oftia nation's air resources to promote public health and welfare and for restoring unit maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes 69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requimmenis in DHS Mlanagemem Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects, no regulations specify additional protections for research inavlving bursa fetuses, program woman, and necoates (Subpart A); prisoners (Subpart CA and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CPR Part 46. 70. Will comply with the requirements ofthe National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et sail., which estabisbes national policy goals and procedures to protect and enhance the environment, inet ing protection against natural disastars. To comply with NEPA for its gram4upported activities, DHS requires the environmental aspects of construction goats (and cotiain non - construction prcgccts as specified by the Component and awarding office) to be reviewed and evaluated baforo Final action on the application. kill 71. Will comply with the requirements of Section t 306(c) of the National Flood Insurance Ad, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the short of a lake or other body of water and that is certified by an appropriate State or local land use authmrity to be subjeef to imminent oollapse or subsidence as a result of erosion or undermining caused by waves or curmou of water exceeding anticipated cyclical levels. Those regulation sus are codified at 44 CFR Past 63. 72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et snit.); which provides that no Federal financial assistance to aequirc, modomize, or construct property may be provided in identified flood -Prone communities in the United States, unless the community paricipams in the National Flood Insuream Program and flood insurance is purchased within one year of the Identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood-lnunc areas that are eligible for flood insurer" are published in the Federal Register by FEMA. 73. Will comply with the requirements of Executive Order 11990, which provides that federally funded 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 law, must avoid undertaking or assisting with new coastruction located in wetlands unless the head of the agency finds that there is no practicable alternative to such comsttuction, and that the proposed action includes all practicable measures to minimize hams to wetlamis that may insult from such use. in making this finding, the bead of the agency may tape into account monomie. environmental, and other pertinent factors. The public discicsure 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 Par 9. 74, Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Toots Required to htteroW and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -179c. Among other things, it proscribes criminal penalties for possession of any biological agent, toxin, or delivery system ofa type or in a quantity iPwrSt is not remonablyjustifed by a prophylactic. protective, bona fide research, or other peaceful purpose, The act also establishes rcarictions on access to specified materials. "Restricted persons," As defined by the act, may act possess, ship, trastsport, or receive any biological agent or toxin that is listed As a select agent. 75. Understood$ the reporting of subawards and executive compensation rules, including ftnt tier subawards to Cal EMA. a, Applicability. Unless you are exempt as provided in paragraph d, of this award term, you must report each action that obligates $25,000 or more in Federal funds that dens not include Rccovary funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 20M b. Where And when to report: you most report on cob obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the immfb in which the obligation was mane. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to raparx: You must report the information about each obligating action that the submission instructions posted in Infammation Bulletin 350, to Cal EMA. To determine if the public has soccss to the compensation infmmallom see the U.S. Security and Exebange, Commission Intel compensation tidings in blip: iiwww .sec.gov /answeWexeaamp.him, Subgratttees must report subrecipient executive total compensation to Cal EMA by the end of One month following the 40 month during which you make the subaward, Exemptions include: If, in the previous tax year, you had gross incomc, frown all sources, under 5300.000, you are exempt from the requirements to report on subawards, and the trial compensation of the five most highly compensated executives of any subrecipicnt. d, Reporting Total Compensation of Recipient Excuives: You must report low compensation for each of your five most highly compensated executives far the preceding completed fiscal year, if 1, the total Federal funding authorized to date under this award is $25,000 or more; H, in the preceding fiscal year, you received 80 percent ormomof your 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 subawatds), and $25,000,000 or more in annual areas revenues from Federal procurement contracts (and subcorur s) and Federal financial sasistanrr sub) to the Transparency Act, as definad at 2 CFR I?0.320 (and subawardsk and iii. The public does out harm access to information about the compensation of the executives through periodic reports filed under section 13(a) or 1$(d) of the Sororities Exchange Act of 1934 (15 U.S.C. 78m(a). 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To dctanninc if the public has across to the compensation information, see the U.S, Sccutdty and Exchange Commission total compensation filings at http:/Avw zm,govianswers?raccomp.htm,) iv. Subracipient Executives, Unless you are exempt as provided above, for each hear. tier subenc:ipiem under this award, you shall retort the names and total compensation of mob ofthe subtecipient's five most highly compensated executives for the subrocipiem's preceding completed fiscal year, if in the subrccipimtt's preceding fiscal year, the submulpient reccivcd 80 percent or more of its "Muni gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170320 (and subawards); and $25,000,000 or mare in %must gross revenues from Fictional procurement contracts (and subcontracts). and Federal financial assistance subject to tbc'I'mnsparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic sports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C, ?8m(4), 78o(d)) or section 6104 of the tntcrred Revenue Code Of 1086, 76. Understands that failure to comply with any of the above assurances may result in suspension, termination. or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent:. Title Dswu 41 STATE OF CALIFORNIA # COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } 1, Leilani 1. 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. 2013 -20 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12`" day of March, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13"' day of March, 2013. City Clerk Newport Beach, California (Seal)