HomeMy WebLinkAboutC-8075-6 - Agreement to Transfer Funds for 2019 Emergency Management Performance Grant Program1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Form of Transfer Agreement
AGREEMENT TO TRANSFER FUNDS
Page 1 of 4
FOR 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this 25 day of February 2020, which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to as "COUNTY," and
Cly CST 11 f4 &-,aGkl,_ a municipal corporation, hereinafter referred to as
"SU RECIPIENT."
WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to
as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and
accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant") from
the California Office of Emergency Services ("CalOES").
WHEREAS, the purpose of the grant is to support comprehensive emergency management at
the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation,
response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FEMA
Preparedness Grants Manual), which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to
reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In
order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF
all required information and documentation, as set forth in Attachment B (FY2019 EMPG Financial
Management Forms Workbook), which is attached hereto and incorporated herein by reference.
2. Throughout their useful life, grant property and equipment shall be used by
SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto.
3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and I
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Pagel of 5
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Form of Transfer Agreement
Page 2 of 4
property and equipment as are necessary, in order to keep said grant property and equipment
I I continually in good working order.
4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in the Attachment C (FY2019 Emergency
Management Performance Grant Program: California Supplement to the FEMA Preparedness Grants
Manual; or, The State Guidance), which is attached hereto and incorporated herein by reference.
6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Standard
Assurances for all CalOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
this Agreement or Attachments A, B, C, or D hereto.
7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBRECIPIENT's performance of this Agreement,
including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in the
performance of this Agreement, including Attachments A, B, C, and D hereto.
8. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 2 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Form of Transfer Agreement
Page 3 of 4
10. SUBRECIPIENT shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
11. For a period of three years after the final Federal Financial Report hereunder or until all
claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve
and maintain all documents, papers and records relevant to the work performed or property or equipment
acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the
same time period, SUBRECIPIENT shall make said documents, papers and records available to
COUNTY and the agency from which COUNTY received the grant funds or their duly authorized
representative(s), for examination, copying, or mechanical reproduction on or off the premises of
SUBRECIPIENT, upon request, during usual working hours.
12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after the final Federal
Financial Report hereunder.
13.
COUNTY may terminate
this Agreement
and be relieved of the
payment of any
consideration
to SUBRECIPIENT if a)
SUBRECIPIENT
fails to perform any
of the covenants
contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the
time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in
the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
15. By signing this Agreement, SUBRECEIPIENT understands and agrees that:
a. Failure to follow grant guidance, including those detailed below, will result in
ineligibility for any reimbursement under the FYI EMPG:
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 3 of 5
1
2
3
4
R1
1
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Form of Transfer Agreement
Page 4 of 4
b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
Managers Organization meetings held from July 1, 2019 through June 30, 2020;
c. SUBRECIPIENT must maintain National Incident Management System (NIMS)
compliance;
d. For any personnel whose salary is charged to the grant, that specific individual must
meet the training and exercise requirements set forth in the grant guidance;
e. Only those expenditures specifically detailed in the Financial Management Forms
Workbook are approved for funding; any changes must be pre -approved by the
California Office of Emergency Services;
f. SUBRECIPIENT reimbursement requests received after June 30, 2019 will not be
accepted.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
I I State of California.
DATED: , 20
APPROVED AS TO FORM
CO TY COUNSEL
� d
By '
Wen ,�.,i/ -h lips, Senio eputy
DATED: , 20
APPROVED AS TO FORM:
CITY AT Qom�, EY'S OFFICE
Date:___�L_`I f ao
' . '
B. _ `-w�Kr'
n W Harp, City Attomey
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
COUNTY OF ORANGE, a political subdivision
of the State of California
By
_ "
Sheri& -o ron
"COUNTY"
SUBRECIPIENT GIV 0� NetJDDf f �euc�
By�_
GIiY VY1av�ar�2R,
ATT T:
Page 4 of 5
Affest
/
';10
y
(Cal OES Use Only)
Cal OES # RIPS # I I V5# Subaward #
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following -
1. Subrecipient: County of Orange la. DUNS#: 009657602
2. Implementing Agency: City of Newport Beach 2a. DUNS#: 607524820
3. Implementing Agency Address: 100 Civic Center Drive Newport Beach 92660-3267
(Street) (city) (Zip+4)
4. Location of Project:
5. Disaster/Program Title:
7. Indirect Cost Rate:
Item Grant Fund
Numbee. I Year I Source
8. 2020 1 EMPG-S
9.
Select
Select
10,
Select
Select
11.
Select
Select
12.
Select
Select
iiolal
Prolect
Cost
Newport Beach
(City)
Emergency Management Performance Grant
COVID-19 Supplemental
N/A
A. State B. Federal
$11,706
Orange
(County) (Zlp+41
6. Performance January 27, 2020 to October 26, 2021
Period: (Start Date) (End Date)
Federally Approved ICR (if applicable): 96
C. Total D. Cash Match E. In -Kind Match I F. Total Match G. Total Cost
11,706 1 $11,706
11,706
$11,706
13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the
Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial
Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this
agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer
the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and
Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.
14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 6250 et seq. Do not put any
personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is
exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your
statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.
15. Official Authorized to Sign for Subrecipient:
Name: Grace Leumi Title: City Manager
Payment Mailing Address: 100 Civic Center Drive
16. Federal Employer
City: Newport Beach Zip Code+4: 92660-6303
Date: + �o
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above.
(Cal OES Fiscal Officer)
(Date)
Grant Subaward Face Sheet Cal OES 2.101 (Revised 08/2019)
(Cal OES Director or Designee)
(Date)
El
0
W
N
0
F-
2
3
'i
� u
� C
U-
,,.. a
O E
o
c a
E c
a1
E c
� 3
L
0
c u
O �
E Ou
O
u
_c _N
E
c '6
t u
Qt
CL ~
N
N
O
N
�O
N
.n
_O
u
.0,
Al
}
O
N
O
N
N
O
c
a
O
N
Tt
U
C
O
U
ai
2
E
.a
U �
Q
L N
o O
N
u
C
�O O
D U
N o
O_
>o U
L
o O
CL - N
N L _O
� E O
6 N
a�
>(D
U .?
O O
O
-a ,c
Cc E
3 a
N �
O O
Q
CL U
L �
E
O U
H N
aE
.0 �
N
L H
C3 T
U Q
-0 E
c
O U
C d
N
E '-
O N
E
C N
a .o CO
O •� m
Q E -0
X O C
o
L n
O p c?
C
CO N
_N .- M
a E c
� O
O N
�c ,
N
6 5 m
C).
E O o
O
,o S
2 .0 C
N
=.o
C N U
Q 6 N
c
o �
6 � N
a� o
O O u
-0 a
6 6
� O O
3 a O
p O
c
E a° o
O (D O
� O
c c
�Oa)
Oa E
0-6
Q) U N
O
U � �
O 6
t
O
� � a
O) O a
m m
O
N
O
�O
co
O
x
O
C:
Q
i
Z)
Q
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay any non-
federal share of project cost) to ensure proper planning, management, and
completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to
all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board,
or authorized body in support of this project. This written authorization must specify
that the Applicant and the city council, governing board, or authorized body
agree:
(a) To provide all matching funds required for the grant project and that any
cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the
city council, governing board, or authorized body;
2020 EMPG-S Standard Assurances Page 1 of 14 Initials ('�_
1-1
1h i Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share
of project cost, if any) to ensure proper planning, management and
completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency
or requests or receives from an agency a commitment providing for the United
States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
2020 EMPG-S Standard Assurances Page 2 of 14 Initialsl�
J.r� Cal OEPS
OOYERNOR'S OFFICE
QFM6116EliCY SERYICf
Standard Assurances
For All Cal OES Federal Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-
1508 and §§ 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation
or policy without the express written approval from the California Governor's Office
of Emergency Services (Cal OES) or the federal awarding agency.
4_ Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and
codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide
protection against waste, fraud, and abuse by debarring or suspending those
persons deemed irresponsible in their dealings with the federal government. The
Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
2020 EMPG-S Standard Assurances Page 3 of 14 Initials (VeL
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which
prohibits discrimination against those with disabilities or access and functional
needs;
(d) Arneriaans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213).
which prohibits discrimination on the basis of disability and requires buildings
and structures be accessible to those with disabilities and access and
functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented
by the Department of Housing and Urban Development at 24 C.F.R. Part
100. The prohibition on disability discrimination includes the requirement that
new multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, genderidentification, or national origin in hiring
and employrrxent in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in same sex marriages;
2020 EMPG-S Standard Assurances Page 4 of 14 Initials ;.�
Cal OES
GOVERNOR'S OFFICE
OF EMEROENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(1) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, mental and physical
disability, genetic information, medical condition, age, pregnancy, denial of
medical and family care leave, or pregnancy disability leave, military and
veteran status, and/or retaliation for protesting illegal discrimination related to
one of these categories, or for reporting patient abuse in tax supported
institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to
this application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et sec.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards,
including:
(a) California Environmental Quality Act (CEQA) (California Public Resources
Code §§ 21000- 21177), to include coordination with the city or county
planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6,
Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of
the United States and regulating quality standards for surface waters;
2020 EMPG-S Standard Assurances Page 5 of 14 Initials JL
alll
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials,
or services and each federal agency empowered to extend federal
assistance by way of grant, loan, or contract shall undertake such
procurement and assistance activities in a manner that will result in effective
enforcement of the Clean Air Act and the Federal Water Pollution Control Act
Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) 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.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m)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.
The Applicant shall not be: 1) in violation of any order or resolution promulgated
by the State Air Resources Board or an air pollution district; 2) subject to a cease
and desist order pursuant to § 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
2020 EMPG-S Standard Assurances Page 6 of 14 Initials_
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance
audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of
the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency,
the Comptroller General of the United States and, if appropriate, the state,
through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733
which sets forth that no subrecipient, recipient, or subrecipient shall submit a false
claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $25,000 or more in federal funds and (b)
executive compensation data for first-tier subawards. This includes the provisions of
FFATA, which includes requirements for executive compensation, and also
requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25
Financial Assistance Use of Universal Identifier and Central Contractor Registration
and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation
Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
2020 EMPG-S Standard Assurances Page 7 of 14 Initials
Ca10 EP Sy
11
OVERNOR`5 OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: (1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and othernon-profit
organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation
laws set forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation_
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of federal or federally -assisted
programs. These requirements apply to all interests in real property
acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the_
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
subrecipients in a special flood hazard area to participate in the program
and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more;
2020 EMPG-S Standard Assurances Page 8 of 14 Initials �,L _
Cal OES
OOFFICE
OFF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§469a-1 et seq.); and
(e) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in
construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property
title or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the federal awarding agency
directives and will include a covenant in the title of real property acquired in
whole or in part with federal assistance funds to assure nondiscrimination
during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and
such other information as may be required by the assistance awarding
agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
2020 EMPG-S Standard Assurances Page 9 of 14 Initial4
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of
applying for funding under this program, or provided in the course of an entity's
grant management activities that are under Federal control, is subject to the
Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records
Act, California Government Code section 6250 et seq. The Applicant should
consider these laws and consult its own State and local laws and regulations
regarding the release of information when reporting sensitive matters in the grant
application, needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT SUPPLEMENTAL EMPG-S -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on
any basis the recipient must provide a list of all such proceedings, pending or
completed, including outcome and copies of settlement agreements to the DHS
Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties
(CRCL) by e-mail at CRCL@hq.dhs.gov or by mail at U.S. Department of Homeland
Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190,
Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds
of race, color, national origin (including LEP), sex, age, disability, religion, or familial
status against the recipient, or the recipients settle a case or matter alleging such
discrimination, recipients must forward a copy of the complaint and findings to the
DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses
listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal funds.
2020 EMPG-S Standard Assurances Page 10 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS
defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any
information that is linked or linkable to that individual. All recipients who collectPll
are required to have a publically-available privacy policy that describes standards on the
usage and maintenance of PII they collect. Recipients may also find the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy template a useful resource
respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402
and an acknowledgement of U.S. Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or
for other reasons. However, these prohibitions would not preclude recipients from
shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms
and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
28. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
2020 EMPG-S Standard Assurances Page 11 of 14 Initials 61-
A � Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
§ 40118) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision B-
138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all
Applicants must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
31. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
2020 EVPG-S Standard Assurances Page 12 of 14 Initials �� -
Cal OES
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000
for any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which
is incorporated here by reference in the award terms and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
2020 EMPG-S Standard Assurances Page 13 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
-1+-j
Standard Assurances
For All Cal OES Federal Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that state financial assistance will be extended
based on the representations made in this assurance. This assurance is binding on the
Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the
above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the subrecipient may be ineligible for award of
any future grants if the Cal OES determines that any of the following has occurred: (1)
the recipient has made false certification, or (2) violates the certification by failing to
carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department
of Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
06� Q,:;`J,p'-'yfi Q egck
(2)
e:
2020 EMPG-S Standard Assurances Page 14 of 14 Initials r,
Cal OES
ROVERNOR`S OFFICE
OF EMERGENCY SERVICES
Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
Public Law (PL) 109-282 Federal Funding Accountability and Transparency Act of 2006,
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008
(PL 110-252), which is outlined in the Federal Emergency Management Agency, Grant
Programs Directorate Information Bulletin No. 350.
As defined by the Office of Management Budget, the following are subject to FFATA
reporting requirements:
1. All new federal awards of $25,000 or more as of October 1, 2010.
NOTE: Cal OES reports on this requirement in the Federal Funding Accountability
and Transparency Act Subaward Reporting System (FSRS).
2. The Total Compensation and Names of the top five executive, if the
Subrecipient in the preceding year received:
a. 80 percent or more of its annual gross revenues in Federal Awards; and
b. $25,000,000 or more in annual gross revenues from Federal awards; and
c. The public does not have access to information about the compensation of
the senior executives of the entity.
Subrecipients are required to provide the Executive compensation information in
the below chart, if applicable.
Title Annual Annual Dollar I Total
Salary Value of Benefits I Compensation
Not subject to the Executive Compensation requirement of the FFATA Financial
Disclosure.
Page 1 of 2 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: (2-1 Y �b -2 r
Date: �- �(L)2
U0('s
Page 2 of 2
Initials
Cat O S
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Certification Regarding lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, 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 Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -
LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Page 1 of 2 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Certification Regarding Lobbying
The Subrecipient, as identified below, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In
addition, the Subrecipient understands and agrees that the provisions of 31
U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply
to this certification and disclosure, if any.
Subrecipient:
Signature of Authorized Agent: _
Printed Name of Authorized Agent;
Title: (I 4 vv)av` -
Lu A
Date: 9-/(,7 JLo
Page 2 of 2
Initials
STATE OF CALIFORNIA Disaster No: FEMA-4482DR-CA-4482DR
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Cal OES 89 Cal OES ID No: 059-51182
DUNS No: 060752482
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
SUBRECIPIENT'S NAME: City of Newport Beach
(Na" of Organ¢ oon)
ADDRESS: 100 Civic Center Drive
CITY: Newport Beach STATE: CA
TELEPHONE: 949-644-3309
FAX NUMBER: 949-644-3339
CODE: 92660
AUTHORIZED AGENT: Grace Leung TITLE: City Manager
EMAIL ADDRESS: Gleung( newportbeachca.gov
ASSURANCES- CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to all of your projects. If you have questions, please contact the California
Governor's Office of Emergency Services. Further, certain federal assistance awarding agencies may require applicants to
certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the subrecipient named above:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including
funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management, and completion of the
project described in this application.
2. Will give the awarding agency, the Comptroller General of the Unites States, Federal Office of Inspector General 2 CFR
200.336, and if appropriate, the state, through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities
without permission and instructions from the awarding agency. Will record the federal interest in the title of real property in
accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in
part with federal assistance funds to assure nondiscrimination during the useful life of the project.
4. Will comply with the requirements of the assistance -awarding agency with regard to the drafting, review and approval of
construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the
complete work conforms with the approved plans and specifications and will furnish progress reports and such other
information as may be required by the assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or personal gains.
8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of
lead based pain in construction or rehabilitation of residence structures.
Cal OES 89 (Rev.02/17) (Page I of 3)
Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title
IX of the Education Amendments of 1972, as amended (20 U.S.0 §§ 1681-1683 and 1685-1686) which prohibits
discrimination on the basis of sex; (c) Section 504 of the rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which
prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-
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 (?.L. 91-616) as amended, relating to nondiscrimination
on the basis ofalcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-
3 and 290 ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) which may apply to the application.
10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to
all interests in real property acquired for project purposes regardless of federal participation in purchases.
11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $5,000 or more.
12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.O 91-190) and Executive
Order (F,0) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency
with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§
1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.O. 93-205).
13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,
as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency
Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445,
2446, 2447, and 2448.
16. Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to
OMB Uniform Guidance 2 CFR Part 200, Subpart F. Will cause to be performed the required financial and compliance
audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996.
17. Will disclose in writing any potential conflict of interest to the Federal awarding agency or pass-through entity in
accordance with §200.112.
18. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing
this program.
19. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in
the subrecipient application for federal assistance. Will, after the receipt of federal financial assistance, through the State of
California, agree to the following:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be
u , t,uy -;y
b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application,
which are excess to the approved actual expenditures as accepted by final audit of the federal or state government.
C. In the event the approved amount of the above numbered project application is reduced, the reimbursement applicable
to the amount ofthe reduction will be promptly refunded to the State of California.
Cal OES 89 (Rev.02/17) (Page 2 ol'3)
20. "Fhe non -Federal entity for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency
or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially
affecting the Federal award §200.113. Failure to make required disclosures can result in any of the remedies described in
§200.338 Remedies for noncompliance, including suspension or debarment.
21. Will not make any award or permit any award (subaward or contract) to any party which is debarred or suspended or is
otherwise excluded From or ineligible for participation in Federal assistance programs under Executive Order 12549 and
12689, "Debarment and Suspension."
"I, the official named below, CERTIFY UNDER PENALTY Y OF PERJURY that I am duly authorized by the above named
subrecipient to enter into this agreement for and on behalf of the said subrecipient, and by my signature do bind the subrecipient
to the terms thereof."
Grace K. Leung
PRINTED NAME
SIGN , OF AUTHORIZED CERTIFY OFFICIAL
Ci anager
TITLE DATE
Cal OF.S 89 (Rev.02/17) (Page 3 of 3)
k:.
Cal OES
c S y
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
For Internal Use Only
Cal OES Application #:
Disaster No #:
DUNS #:
PROJECT APPLICATION
CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM
1. APPLICANT'S NAME AND ADDRESS
.APPLICANT: C l'VY 6Fr4Glt-
ADDRESS: CO0 CtV iC CC-"TeR V(MV G
CITY & ZIP: WEI W?Q 0."1 13EACAA , e0% 124- 0
PHONE: Gi `l f'4 H y . 300
2. APPLICANT'S AUTHORIZED AGENT
(Attach Resolution of Designation unless an accurate "universal"
resolution is on file.)
NAME: C'i R 1AC C k• L -G V fJG
TITLE: C t TY 'Akf014cC h
ADDRESS: 1O0 C ly It (!t"VJTM DeVV T-_
CITY & ZIP: 0 le\k) IP& T $�:- iAlefi C A 1� 2 6 6
PHONE: _941 . 6"' -3001
FACSIMILE:
E-MAIL:
3. PROJECT SUMMARY — Attach a List of Projects as defined in Title 19 of the California Code of
Regulations, Section 2970(a)(4).
ASSURANCES AND AGREEMENTS
A. The applicant certifies (to the best of his knowledge and belief) the disaster relief work herein described for which state financial
assistance is requested, is eligible in accordance with the criteria contained in the Disaster Assistance Act (Government Code,
Section 8680 et seq).
B. The applicant is the legal entity responsible under law for the performance of the work detailed and accepts such responsibility.
C. The applicant certifies that the disaster relief work herein described for which state assistance is requested hereunder, does not or
will not duplicate benefits received for the same loss from another source.
D. The applicant certifies that they have undertaken to recover maximum federal participation in funding street and highway project
and public facility projects.
E. The applicant certifies that all information given herein is to the best of its knowledge and belief, true and correct.
F. The applicant agrees to (1) provide without cost to the state all lands, easements, and tights -of -way necessary for accomplishment
of the approved work and
(2) The applicant agrees to hold and save the State of California, its officers. agents and employees free from damages due to the
approved work.
G. (1) The applicant agrees to comply with Section 3700 of the Labor Code, which requires every employee to be insured against
liability for Workmen's Compensation, or to undertake self-insurance in accordance with provisions of the code; and will comply
with such provisions before commencing the performance of the work.
(2) The applicant agrees to comply with the Fair Practices Act in connection with the performance of work under this agreement
wherein it agrees it will not willfully discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age or national origin; and it agrees to take affirmative action to insure that applicants for employment are
employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, age or
national origin, and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement.
Cal OFS 126 CDAA FORM t(Rev.03-17) Page I
PROJECT APPLICATION
CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM
(3) If any real property or structure thereon is provided or improved with the aid of the state financial assistance extended to the
applicant, this assurance shall obligate the applicant, or in the case of such property, any transferee for the period during which
the provision of similar services of benefits. If any personal property is so provided, this assurance shall obligate the applicant for
the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the
applicant for the period during which the state financial assistance is extended to it by the agency.
(4) This assurance is given in consideration of, and for the purpose of obtaining any and all state grants, loans, reimbursement,
advances, contracts, property, discount, or other state financial assistance extended after the date heron to the applicant. The
applicant recognizes and agrees that such state financial assistance will be extended in reliance on the representations and
agreements made in this assurance and that the state shall have the right to seek judicial enforcement of this assurance. This
assurance is binding on the applicant, its successors, transferees and assignees, and a person or persons whose signatures appear
on this form, or is authorized to sign this assurance on behalf of the applicant.
H. The applicant certifies that all financial assistance received under this application will be, or has been, expended in accordance
with applicable laws and regulations. The applicant certifies that any work performed by a state agency at their request shall be
agreed upon in writing and be subject to the State Contract Act. The applicant certifies that the work performed, or to be
performed, is in accordance with the state and local laws governing the performance of such work.
1. The applicant certifies compliance with Standardized Emergency Management System (SEMS) requirements as stated in the
California Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, Section 8607.1(e) and CCR Title 19,
Sections 2445, 2446, 2447 and 2448.
J. The applicant certifies than on contracts involving expenditures in excess of $25,000, it obtained from the contractor a payment
bond in accordance with Sections 3247 through 3252 of the Civil Code.
K. BY ACCEPTING THESE FUNDS, THE APPLICANT IS NOT FORFEITING ANY RIGHTS
WHATSOEVER, INCLUDING THE RIGHT TO A FAIR HEARING.
4. SIGNATURE OF APPLICANT'S AUTHORIZED AGENT
"I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by the above named
subgrantee to enter into this agreement for and on behalf of the said subgrantee, and by my signature do bind the subgrantee to the
terms thereof"
SIGNATURE: DATE: — I K- Z O
TITLE:
5. Cal OES APPROVAL
SIGNATURE:
TITLE:
Cal OFS 126 CDAA FORM I (Rev 03-17) Page 2
DATE APPROVED:
STATE OF CALIFORNIA 059-551 82
GOVEILt�10R'S OFFICE OF Ei\>ERGENCY SERVICES Cal OES ID No:
Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON -STATE AGENCIES
BE IT RESOLVED BY THE City Council
THAT
(Governing Body)
OF THE City of Newport Beach
(Name of Applicant)
City Manager
(Title of Authorized Agent)
Wa
,OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Newport Beach a public entity
(Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the City of Newport Beach a public entity established under the laws of the State of California,
(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
AThis is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s)
Passed and approved this 26 day of March 12019
Will O'Neill, Mayor
(Name and Title of Governing Body Representative)
Brad Avery, Mayor Pro Tern
(Name and Title of Governing Body Representative)
Leilani Brown
(Name)
City of Newport Beach
(Name of Applicant)
(Name and Title of Governing Body Representative)
CERTIFICATION
duly appointed and
City Clerk
(Title)
of
do hereby certify that the above is a true and correct copy of a
Resolution passed and approved by the City Council of the City of Newport Beach
(Governing Body) (Name of Applicant)
on the 2-6-- day of March 20_
t f
(Sigrntrve)
Cal OES 130 (Rev.9/13) Page I
STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
A Designation of Applicant's Agent Resolution for Non -State Agencies is required of all Applicants to be eligible to
receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years
from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as
follows:
rt
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
'Mame of Applicant: The public entity established under the laws of the State of California. Examples include: School
District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego,
Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the Governor's Office of Emergency Services regarding grants applied for by the Applicant. There are
two ways of completing this section:
I . Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not
their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position
and is replaced by another individual in the same title. If "Titles Only" is the chosen method, this document
must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can
be completed by any authorized person within the agency and does not require the Governing Body's signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be
listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position
listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board 'Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. "Che names and titles cannot be one of the
designated Authorized Agents, and a minimum of two or more approving board members need to be listed.
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. chis person cannot be one of the
designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an .Authorized .Agent, then the same person holding the
Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate "Self
Certification."
Cal OES 130 (Rev 9 13) Page 2
yM
a . _
GOVERNOR'S OFFICE
OF EMERGENCY SERVICH
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant
has the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any non-federal share of project cost)
to ensure proper planning, management, and completion of the project described in this
application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for
federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations
(C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be
found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are set forth below. The Applicant hereby agrees to comply
with the following:
Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that the
Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or authorized
body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body, and
(d) The official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 1 of 11
Initials
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the
period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation or policy
without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in
2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that it
and its principals, subgrantees, recipients or subrecipients:
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 2 of 11
Initials
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. These
include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or national
origin and requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency
(LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the
basis of disability and requires buildings and structures be accessible to those
with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(1) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part 100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and common
use areas and individual apartment units (all units in buildings with elevators and
ground -floor units in buildings without elevators)— be designed and constructed
with certain accessible features (See 24 C.F.R. § 100.201);
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 3 of 11
Initials
(h) Executive Order 11246, which prohibits federal contractors and federally assisted
construction contractors and subcontractors, who do over $10,000 in Government
business in one year from discriminating in employment decisions on the basis of
race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part of
government contractors;
Q) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(1) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(m)The requirements of any other nondiscrimination statute(s) which may
apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with
California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment
and discrimination in employment because of ancestry, familial status, race, color,
religious creed (including religious dress and grooming practices), sex (which includes
pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy,
childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy
disability leave (California Government Code §§12940, 12945, 12945.2), military and
veteran status, and/or retaliation for protesting illegal discrimination related to one of
these categories, or for reporting patient abuse in tax supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be
prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§
21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§
15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air
emissions from stationary and mobile sources;
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 4 of 11
Initials
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions of
NEPA; and Executive Order 12898 which focuses on the environmental and human
health effects of federal actions on minority and low-income populations with the
goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency empowered to
enter into contracts for the procurement of goods, materials, or services and each
federal agency empowered to extend federal assistance by way of grant, loan, or
contract shall undertake such procurement and assistance activities in a manner
that will result in effective enforcement of the Clean Air Act and the Federal Water
Pollution Control Act Executive Order 11990 which requires preservation of
wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
0) The Endangered Species Act of 1973, (P.L. 93-205);
(k) 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.),-
(1)
eq.);(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m)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.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist
order pursuant to § 13301 of the California Water Code for violation of waste discharge
requirements or discharge prohibitions; or 3) determined to be in violation of federal law
relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of
Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the
Comptroller General of the United States and, if appropriate, the state, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents related to the award. The Applicant will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply
with this provision.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 5 of 11
Initials
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no
subgrantee, recipient, or subrecipient shall submit a false claim for payment,
reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting
of subawards obligating $25,000 or more in federal funds and (b) executive compensation
data for first-tier subawards. This includes the provisions of FFATA, which includes
requirements for executive compensation, and also requirements implementing the Act
for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal
Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward
and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at
10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award
recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of
time that the award is in effect; (2) procuring a commercial sex act during the period of time
that the award is in effect; or (3) using forced labor in the performance of the award or
subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours
and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for
federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 6 of 11
Initials
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to
protect workers who may be injured on the job at all times during the performance of
the work of this Agreement, as per the workers compensation laws set forth in California
Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a
special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive
Order 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.);
and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and
24 CFR Part 35) which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting,
review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 7 of 11
Initials
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers are
also prohibited from the use of a wireless telephone without hands-free listening and
talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for
funding under this program, or provided in the course of an entity's grant management
activities that are under Federal control, is subject to the Freedom of Information Act
(FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government
Code section 6250 et seq. The Applicant should consider these laws and consult its
own State and local laws and regulations regarding the release of information when
reporting sensitive matters in the grant application, needs assessment, and strategic
planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -
PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on any
basis the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS Financial Assistance
Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at
CRCL(a hq.dhs.gov or by mail at U.S. Department of Homeland Security, Office for Civil
Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of
race, color, national origin (including LEP), sex, age, disability, religion, or familial status
against the recipient, or the recipients settle a case or matter alleging such discrimination,
recipients must forward a copy of the complaint and findings to the DHS Financial
Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 8 of 11
Initials
24. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is
linked or linkable to that individual. All recipients who collect PII are required to have a
publically-available privacy policy that describes standards on the usage and maintenance
of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any
work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.
Part 200, Subpart E may not be charged to other federal financial assistance awards to
overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations,
or federal financial assistance award terms and conditions, or for other reasons. However,
these prohibitions would not preclude recipients from shifting costs that are allowable
under two or more awards in accordance with existing federal statutes, regulations, or the
federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issued in
compliance with this Act.
28. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. See OMB Circular A-129.
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding
certificates under 49 U.S.C. § 41102) for international air transportation of people and
property to the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the
interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants
must ensure that all conference, meeting, convention, or training space funded in whole or
in part with federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 9 of 11
Initials
31. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that
prohibit supplanting by law must ensure that federal funds do not replace (supplant)
funds that have been budgeted for the same purpose through non-federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No.
96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the
specific requirements governing the development, reporting, and disposition of rights to
inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications.
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements, and
procurement contracts from all federal assistance offices exceeds $10,000,000 for any
period of time during the period of performance of this federal financial assistance award,
you must comply with the requirements set forth in the government -wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the award terms
and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to
using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions
of flags or likenesses of Coast Guard officials.
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 10 of 11
Initials
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including
any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant
recognizes and agrees that state financial assistance will be extended based on the
representations made in this assurance. This assurance is binding on the Applicant, its
successors, transferees, assignees, etc. Failure to comply with any of the above
assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with
these requirements may result in suspension of payments under the grant or termination of
the grant or both and the subrecipient may be ineligible for award of any future grants if the
Cal OES determines that any of the following has occurred: (1) the recipient has made false
certification, or (2) violates the certification by failing to carry out the requirements as noted
above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby incorporated
by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs-standard-
terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
Emergency Management Performance Grant Program (EMPG) — 2018 Grant Assurances Page 11 of 11
Initials