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HomeMy WebLinkAboutC-3746(A) - Agreements to transfer or purchase equipment or services using Urban Area Security Initiative (UASI) Grant Funds from the Cities of Santa Ana and Anaheim FY 20091 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 AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY08 URBAN AREAS SECURITY INITIATIVE (UASI) THIS AGREEMENT is entered into this December 4, 2008 , dated for purposes of identification only, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM, A N D City of Newport Beach , hereinafter referred to as "SUBGRANTEE". WHEREAS, ANAHEIM, acting through the Anaheim Police Department in its capacity as the Core City for the North Orange County Urban Area under the FY08 Urban Areas Security Initiative, has applied for, received and accepted certain grants entitled "FY08 Urban Areas Security Initiative" (UASI) from the Federal Emergency Management Agency Grant Programs Directorate (formerly named the Department of Homeland Security, Office of Grants and Training), through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant," as set forth in the Grant Guidelines, copies of which are attached hereto as Attachments A, B and C and incorporated herein by reference; and WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to i) purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes, and/or ii) train members of SUBGRANTEE in a manner consistent with the Grant. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. PURCHASE OF EQUIPMENT OR SERVICES 1. As more specifically set forth herein, ANAHEIM may transfer to SUBGRANTEE, or SUBGRANTEE shall purchase, the equipment or services as specified in Attachment D attached hereto and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant Assurances, a copy of which are attached hereto as Attachment E and incorporated herein by reference. I When purchasing Grant equipment, SUBGRANTEE shall comply with all of SUBGRANTEE's 2 purchasing and bidding procedures and applicable state law. 3 2. Prior to making any purchase of equipment or services, SUBGRANTEE shall obtain 4 written approval from ANAHEIM in a form to be mutually agreed upon by ANAHEIM and 5 SUBGRANTEE. 6 3. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with Grant 7 funds only for those purposes permitted under the terms of the Grant, and shall make any equipment 8 purchased or transferred to SUBGRANTEE under the Grant available for mutual aid response to other 9 governmental entities in emergency situations to the maximum extent practicable. 10 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its 11 possession or control acquired with Grant funds from damage or destruction and shall provide regular 12 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or 13 owner's manual, in order to keep said equipment continually in good working order. Such maintenance 14 and servicing shall be the sole responsibility of SUBGRANTEE, which shall assume full responsibility 15 for maintenance and repair of the equipment throughout the life of said equipment. 16 5. If equipment acquired with Grant funds becomes obsolete or unusable, SUBGRANTEE 17 shall notify ANAHEIM of such condition. SUBGRANTEE shall transfer or dispose of Grant -funded 18 equipment only in accordance with the instructions of ANAHEIM or the agency from which ANAHEIM 19 received the grant funds. 20 II. REIMBURSEMENT OF TRAINING COSTS 21 1. SUBGRANTEE shall be allocated a specified amount of funds to be used for training 22 purposes pursuant to the Grant Guidelines and terms of this Agreement. SUBGRANTEE may seek 23 reimbursement from ANAHEIM in accordance with the terms and conditions of this Agreement. Any 24 training expenditure that exceeds the amount allocated to SUBGRANTEE shall be the sole 25 responsibility of SUBGRANTEE. 26 2. If additional Grant funds become available for training purposes or if training funds are 27 reduced, ANAHEIM shall notify SUBGRANTEE, in writing, of the revised training budget. 28 SUBGRANTEE shall be responsible for limiting training for which it seeks reimbursement so as not to exceed its revised allotment. 2 1 3. Prior to incurring any expense for training for which reimbursement will be sought 2 pursuant to this Agreement, SUBGRANTEE shall obtain written approval from ANAHEIM. 3 SUBGRANTEE shall complete the State of California, "Request for Training Form," and submit a copy 4 of the same, with the tracking and feedback number, to ANAHEIM. The, "Request for Training Form" 5 is found at http://www.anaheim.net/police/uasi.asp. 6 4. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ("ODP") 7 approved classes qualify for reimbursement. 8 5. SUBGRANTEE agrees to comply with Attachments A, B, C and E in seeking 9 reimbursement for training, including, but not limited to the overtime and backfill requirements as 10 outlined in Attachments A, B and C. 11 III. GENERAL PROVISIONS 12 1. SUBGRANTEE shall submit an invoice for equipment or services, or in the case of 13 training, a training reimbursement application in the form attached hereto as Attachment F and 14 incorporated herein by reference, to ANAHEIM as soon as practical, but in no event later than thirty 15 (30) days after receipt of the invoice or completion of the training. 16 2. ANAHEIM shall have ninety (90) days from receipt of an invoice or training 17 reimbursement application to reimburse SUBGRANTEE. 18 3. SUBGRANTEE agrees to comply with and be fully bound by all applicable 19 provisions of the Grant and Attachments A through E to this Agreement, and shall be fully responsible 20 for payment of items purchased or for any training costs that do not adhere thereto. 21 4. In the event of an audit of purchases made or training undertaken with Grant funds by 22 any authorized agency, SUBGRANTEE agrees to cooperate fully with such audit. If such audit 23 disallows payment to ANAHEIM in whole or part for any item procured for or by SUBGRANTEE or 24 for any training costs incurred by SUBGRANTEE and requires ANAHEIM to reimburse the Grantor, 25 SUBGRANTEE shall, within thirty (30) days of notification by ANAHEIM of such audit determination, 26 pay to ANAHEIM any amount for which reimbursement to ANAHEIM was disallowed. 27 5. SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the 28 agency from which ANAHEIM received grant funds, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and 3 1 2 3 4 5 6 7 8 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including the terms of the Grant, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement. 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 7. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of ANAHEIM. 8. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all I documents, papers and records relevant to the equipment acquired or training undertaken in accordance with this Agreement. With respect to training, such documents, papers and records shall include those I relevant to the training costs, overtime, backfill, travel costs and per diem expenses. For the same I period of time, SUBGRANTEE shall make said documents, papers and records available to ANAHEIM I and the agency from which ANAHEIM received Grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon I request during usual working hours. 9. SUBGRANTEE shall provide to ANAHEIM all records and information requested by I I ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM may be I required to provide to the agency from which ANAHEIM received Grant funds or other persons or I agencies. 10. ANAHEIM may terminate this Agreement and be relieved of the delivery of any I I consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained I in this Agreement, at the time and in the matter herein provided, or b) ANAHEIM loses funding under I the Grant. 11. SUBGRANTEE and its agents and employees and independent contractors shall act in an I independent capacity in the performance of this Agreement, and shall not be considered officers, agents or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds. 4 1 12. In the performance of this Agreement, SUBGRANTEE and its officers, agents, 2 employees shall comply with by all applicable federal, state and local laws, including all applicable 3 statutes, regulations, executive orders and ordinances. 4 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of 5 Anaheim, County of Orange, State of California. 6 DATE OF EXECUTION: CITY OF ANAHEIM, 7 a municipal corporation, g By Chief of Police 9 "ANAHEIM" 10 /7 11 DATE OF EXECUTION: 12 '�F i; ; fi By 13 AP 14 j,0VED AS TO O Printed Name LR'6'S 15 Title ►�2 }t t Irar^ 4 V- 16 APPROV&S T "SUBGRANTEE 17 18 Cristina L. Talley Attest: s , il�.r4,Y; 19 Sr. Assistant City Attorney City Clerk 20 Date: 21 SEW PO O � 22 23 c�G/FORN. 24 25 26 27 28 5 Xj St. FY08 Anaheim/Santa Ana UASI A°Grant Management Memo — 2008-01 Se The Federal HSGP Guide for FY2008 in Appendix F states the following: "Prior to the transition to FEMA the former Office of Grants and Training preparedness programs followed The Department of Justice's codified regulations 28 CFR and the OGO Financial Management Guide The former Office of Grants and Training is now within FEMA and all preparedness programs will follow, FEMA's codified regulations 44 CFR." The assurances titled "Office of Homeland Security FY08 Grant Assurances" have some references to 28 CFR. The State Office of Homeland Security is aware of the discrepancy and is currently working with FEMA's Grant Programs Directorate and plans to release clarification to these assurances at a later date. As soon as the Anaheim/Santa Ana UASI Offices receive this clarification they will forward it to their Sub -Recipients. The Anaheim/Santa Ana UASI Offices acknowledge the Federal guidance. We direct our Sub -Recipients to sign the assurances in their current format, follow relevant sections and comply with FEMA by following 44 CFR where appropriate. Respectfully, Sergeant Brian McElhaney Anaheim Police Department Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a significant impact on award -supported activities, including changes to key program staff. 11. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 12. Understands and agrees Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from FEMA. 13. Will comply with all federal statues relating to Civil Rights and Nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title 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. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination. in. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. Page 2 Initials (EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (EO 11514). b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to EO 11738. d. 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.). e. 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.). f. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). g. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. 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. i. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. j. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 21. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEAM s Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEAM s Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 22. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. Page 4 Initials various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 31. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133, E. 0. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, Including: a. Part 18, Administrative Review Procedures. b. Part 20, Criminal Justice Information Systems. c. Part 22, Confidentiality of Identifiable Research and Statistical Information. d. Part 23, Criminal Intelligence Systems Operating Policies. e. Part 30; Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith -based Organizations. h. Part 63, Floodplain Management and Wetland Protection Procedures. i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. in. Part 67, Government -Wide Debarment and Suspension (Non -Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 35. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initials b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 and certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 8 Initials CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 September 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Lewis, Fire Chief, 644-3101 slewis(a�nbfd.net SUBJECT: Acceptance of the 2008 Urban Areas Security Initiative (UASI) Grant Fund Training Allocation RECOMMENDATION: 1. Accept the 2008 UASI Grant Fund Training Allocation in the amount of $49,358.17 to be utilized for reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel. 2. City Council approve a Budget Amendment BA increasing revenue estimates by $49,358.17 in 1820-486A, UASI Grant, and increasing expenditure appropriations by $49,358.17 in 7014-C8002016. DISCUSSION: The Urban Area Security Initiative (UASI) grant was established in 2003, by the Department of Homeland Security (DHS) to provide funding for training and equipment for emergency personnel. The urban areas are chosen by DHS based on a formula that takes into account factors such as critical infrastructure, population density, and credible threat information. Among other densely populated areas, the Cities of Santa Ana and Anaheim were jointly awarded approximately $13 million dollars in the fiscal year 2008. Both UASI cities and the County of Orange have teamed up to forge one of the most cohesive, focused, and regional partnerships anywhere in the nation. The City of Newport Beach falls within the Santa Ana UASI area, administered by the City of Santa Ana. The Santa Ana UASI has set aside a total of $49,358.17 for the City of Newport Beach for reimbursement of costs associated with training Fire and Police personnel. The funds for the UASI grant will reimburse the City for any training costs incurred such as tuition, overtime, back fill, and travel expenses for approved courses. No matching funds are required to accept this grant. Agenda Item No. September 8, 2009 Page 2 With this grant, the City is eligible to receive UASI grant funds for preparedness and response equipment. Prepared by: Steve Lewis Fire Chief Submitted by: Steve Lewis Fire Chief Attachments: Budget Amendment 2008 UASI Grant Fund Training Allocations Agenda Item No. September 8, 2009 Page 3 City of A-natleim POLICE DEPARTMENT July 28, 2009 Ms. fennifcr Riddle i City of Newport Reach 3300 Newport Ritrd Newport Beach, (,192663 Subject: Nati6ntion of 2008 UASI Grunt Fund7raining Allocations - Dear N15. aid die. This letter is to inform you of your 2005 UASI. Grant Fund training allocations. tale have allocated the following dollar amounts to the City of Newport [leach: Fire Department- Itcgignal Training: $17,095.70 DiscretionaryTroinine.: $4,273.53 Police Department- Regienai Training, $22,390.23 Discretionary Training: 55;54771 We look forward to workin;;m @th ycu throughouLthe upcoming grant year. For further assistance, please cunta €t your UA51 Training Ccordinatcr. Thank you, Sen t3ittesdorf lieutenant Anaheim Police Deparlinaot ,i,. F.s. (Ai City of Newport Beach NO. BA- 10BA -009 BUDGET AMENDMENT 2009 -10 AMOUNT: $a9,3s8.17 EFFECT ON BUDGETARY FUND BALANCE: Pq Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to accpet the 2008 UASI Transfer Agreement to be utilized for reimbursement of training costs associated with Department of Homeland Security (OHS) courses for emergency response ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Automatic System Entry . Signed: aQ Fin cia Approval: Administrativ rvices Director Date dministraiiae Approv .City- NTanager Signed: - °- - — .- _.__�_ City Council Approval: City Clerk Date Fund /Division Account Description 1820 486A PD:Support Svcs - UASI 08 Transfer Agreement $49,358.17 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7014 Misc & Studies Account Number C8002016 UASI 08 Transfer Agreement $49,358.17 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry . Signed: aQ Fin cia Approval: Administrativ rvices Director Date dministraiiae Approv .City- NTanager Signed: - °- - — .- _.__�_ City Council Approval: City Clerk Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT L -374C BY THE CITY COUNCIL CITY OF NEWPORT BEACH NOV 5 2008 Agenda Item No. 10 November 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Lewis, Fire Chief, 644-310' slewis(@city. newport-beach.ca. us SUBJECT: Acceptance of Urban Areas Security Initiative (UASI) Grant Transfer Agreement RECOMMENDATION: 1. Accept UASI Grant transfer agreement equipment funds in the amount of $208,946 to be utilized for reimbursement of Newport Beach Fire Department costs for the purchasing of equipment and material to outfit a Medium USAR Response Trailer. 2. Authorize the Fire Chief as the designee to sign the FY07 Transfer Agreement Contract. 3. Approve a Budget Amendment 09BA-025 increasing revenue estimates by $208,946 in 2355-48666, UASI Grant, and increasing expenditure appropriations by $208,946 in 7014-C8002013. DISCUSSION: The Urban Area Security Initiative (UASI) grant was established in 2003, by the Department of Homeland Security (DHS) to provide funding for training and equipment for emergency personnel. The urban areas are chosen by DHS based on a formula that takes into account factors such as critical infrastructure, population density, and credible threat information. The Cities of Anaheim and Santa Ana have been designated as the coordinators for Orange County UASI programs. They were jointly awarded approximately $11 million dollars in the fiscal year 2007. Both UASI cities and the County of Orange have teamed up to forge one of the most cohesive, focused, and regional partnerships anywhere in the nation. The City of Newport Beach falls within the Santa Ana UASI area, administered by the City of Santa Ana. The Santa Ana UASI has set aside a total of $208,946 for the City of Newport Beach for reimbursement of costs associated with the outfitting of a medium capability Urban Search and Rescue (USAR) trailer that is being provided to Newport Beach Fire Department from the California Office of Emergency Services. Agenda Item No. November 25, 2008 Page 2 The trailer is expected to arrive in the spring of 2009. The trailer will become a regional asset for USAR response. No matching funds are required to accept this grant. Prepa 7'err/Ulaszewski Support Services Manager Attachments: Budget Amendment Submitted by: Steve ewis Fire Chief S1 A sanm 10/30/06 FY07 Anaheim /Santa Ana UASI Application for Project Funding: Application I Pe view Na ti fi c a ti nn Paul Matheis Division Chief - Training, Safety 6 Education Division Newport Beach Fire Department 3300 Newport Blvd. Newport Beach CA 92658 Requesting Jurisdiction: City of Newport Beach — Fire Department Project Request: Enhancement of Urban Search and Rescue Capabilities Project Cost $332.490.00 The application for the above project has been reviewed and meets the criteria for processing. This letter serves to inform you that your project has been approved by the Anaheim /Santa Ana UASI. An in depth review process of the application and the project concept itself was necessary prior to consideration for approval. This process is required due to stringent UASI Grant Guidelines that must be adhered to. Our office conducted an extensive review of this project and found it to be a viable concept based on investment justificatians, regional benefit. degree of applicability to the Urban Area goals 6 objectives. strategies. and cost. It Is critical that you become familiar with the Transfer Agreement between the City of Santa Ana and the City of Newport Beach regarding the FY07 UASI Grant as well as the FY 2007 Homeland Security Grant Program Guidance, the FY07 Homeland Security Grant Program California Supplement Guidance. and the FY2007 Anaheim /Santa Ana UASI Sub-Recipient Grant Guide . It is also imperative you contact the Santa Ana UASI Office before funding any projects that may be questionable in regards to UASI procurement guidelines and /or the Authorized Equipment list. We will seek approval from the State an your behalf thereby eliminating any reimbursement issues. If you have any questions regarding this notification or the review process. please feel free to contact myself or Sgt. Enrique Esparza at (714) 245 -8729, or eesparzagsanta- ana.orq . Respectfully. KEN GDMINSKY. Commander Homeland Security Division Santa Ana Police Department (714) 245 -H04n koominskv9,santa- ana.ora Cit v Request Type Specific Type Original Request Proposed Approval Project Award Huntington Equipment Basic USAR Equip. $0.00 $0.00 $0.00 Beach FD Equipment Light USAR Equip. $9,215.75 $9,215.75 $9,215.75 Equipment Medium USAR Equip. $86,328.23 $86,328.23 $86,328.23 Equipment Heavy USAR Equip. $0.00 $0.00 $0.00 Equipment Confined Space Rescue Equipment $36,655.00 $0.00 $0.00 Training USAR Training $60,000.00 $0.00 $0.00 $192,198.98 $95,543.98 HBFD Portion $95,543.98 Fountain Equipment SCBA's $24,514.00 $24,514.00 $24,514.00 Valley FD Equipment Light Rescue Tools $3,486.00 $3,486.00 $3,486.00 Equipment Basic USAR Equip. $0.00 $0.00 $0.00 Equipment Light USAR Equip. $0.00 $0.00 $0.00 Equipment Medium USAR Equip. $0.00 $0.00 $0.00 Equipment Heavy USAR Equip. $0.00 $0.00 $0.00 $28,000.00 $28,000.00 FVFD Portion $28,000.00 Newport Equipment Basic USAR Equip. $41,809.70 $41,809.70 $41,809.70 Beach FD Equipment Light USAR Equip. $10,493.44 $10,493.44 $10,493.44 Equipment Medium USAR Equip. $0.00 $0.00 $0.00 Equipment Heavy USAR Equip. $156,642.68 $156,642.68 $156,642.68 Equipment USAR Truck $51,500.00 $0.00 $0.00 Total Project $540,644.80 $332,489.80 $332,489.80 " All costs include 10% for tax and associated shipping handling fees "' tC�O PYI AGREEMENT SUB - RECIPIENT: CITY OF NEWPORT BEACH City Contract Number ME Section Description TABLE OF CONTENTS I INTRODUCTION §101. Parties to the Agreement §102. Representatives of the Parties and Service of Notices §103. Independent Party §104. Conditions Precedent to Execution of this Agreement 11 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance §202. Use of Grant Funds III PAYMENT §301. Payment of Grant Funds and Method of Payment IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein §402. Applicable Law, Interpretation and Enforcement §403.. Integrated Agreement §404. Excusable Delays §405. Breach §406. Prohibition Against Assignment or Delegation §407. Permits §408. Non Discrimination and Affirmative Action §409. Bonds i Page 3 3 4 4 a 0 9 9 9 9 10 10 10 10 11 �3 TABLE OF CONTENTS Section Description §410. Indemnification §411. Conflict of Interest §412. Restriction on Disclosures §413. Statutes and Regulations Applicable to All Grant Contracts §414. Federal, State, and Local Taxes §415. Inventions, Patents and Copyrights §416. MBENVBE V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501. Defaults §502. Amendments V ENTIRE AGREEMENT §601. Complete Agreement §602. Number of Pages and Attachments Execution (Signature) Page EXHIBITS Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit B Certification Regarding Lobbying Exhibit C FY07 Anaheim /Santa Ana Application for Project Funding Exhibit D Grant Assurances Exhibit E Reimbursement Request for Grant Expenditures ; ii Page 11 11 13 13 20 20 22 23 23 24 24 25 .�'4 Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY07 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF SANTA ANA AND CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF SANTA ANA, a municipal corporation (the " ), and CITY OF NEWPORT BEACH, (the "SUB- RECIPIENT" or "Contractor'). WITNESSETH WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim /Santa Ana Urban Area under the FY07 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY07 Urban Areas Security Initiative" from the federal Department Of Homeland Security — Office of Grants and Training, through the State of California Office of Homeland Security, to enhance countywide emergency preparedness, hereafter referred to as "the grant ", as set forth in the grant guidelines and assurances that are located at http : / /www.homeland.ca.gov /pdf /fy07 hsgp _guidance.p.c ,and http: //www.homeland .ca.gov/ pdf /FY07HSGP- StateSupplemental6- 1- 07.pdf, and incorporated to this Agreement by ref_ erence. Copies of the grant guidelines shall be retained in the Anaheim /Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF SANTA ANA (CITY) and.is overseen by the California Office of Homeland Security (OHS); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Anaheim /Santa. Ana Urban Area ( "ASAUA") consists of the City of Santa Ana, the City of Anaheim, the unincorporated area of the County. of Orange, and 34 participating jurisdictions; and WHEREAS, the Office of Grants and Training (G &T) awarded a FY07 UASI Grant of $11,072,000 ( "Grant Funds ") to the CITY OF SANTA ANA, as a Core City, for, use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police and the Santa Ana Police Department, Homeland Security Division ( "UASI Grant Office ") to provide for A6' terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY07 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement') to CITY OF NEWPORT BEACH ,(SUB- RECIPIENT) and others; WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the City Manager which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 2 I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The CITY, a municipal corporation, having its principal office at 20 Civic Center Plaza, Santa Ana, CA 92702; and B. CITY OF NEWPORT BEACH, a municipal corporation, 3300 Newport Blvd. Newport Beach, CA 92663 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Santa Ana shall be, unless otherwise stated in the Agreement Carlos Rojas, Commander Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA. 92702 Phone: (714) 245 -8722 Fax: (714) 24&-8098 crojas @ santa - ana.org 2. The representative of CITY OF NEWPORT BEACH shall be: Paul Matheis Division Chief Newport Beach Fire Department 3300 Newport Blvd., Newport Beach, CA 92658 Phone: 949-644 -3368 pmatheista?city. newport-beach.ca. us with a copy to: 3 'A 7 <<NAME OF 2nd RECIPIENT IF APPLICIABLE» B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or Communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Partv SUB - RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF SANTA ANA. No employee of SUB - RECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of this Agreement, and SUB - RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB - RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF SANTA ANA. § 104. Conditions Precedent to Execution of This Agreement SUB - RECIPIENT shall provide copies of the following documents to the CITY OF SANTA ANA, unless otherwise exempted. A. Grant Assurances in accordance with section 415C of this Agreement attached hereto as Exhibit D and made part hereof. B. Certifications Regarding Ineligibility; Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415Al2 of this Agreement and attached hereto as Exhibit A and made apart hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit B and made a part hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects, the accuracy of the information contained in any Disclosure Form previously filed by SUB= RECIPIENT. n TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on October 3, 2007 and end on March 31, 2010 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. CITY may a) transfer to SUB- RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or b) reimburse SUB - RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding attached hereto as Exhibit C. B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner.. C. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at httos: / /www.rkb.miPt.org, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim /Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and /or DHS- adopted standards to be eligible for purchase using grant funds. SUB - RECIPIENT shall. provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY 07 UASI Grant can be found at OMB Circular A -102, Title .28 . C.F.R..Part 66.36, and the Office of G &T Financial Management Guide. Any equipment acquired or obtained with Grant Funds: Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous N materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the State Homeland Security Strategy and deployed in conformance with that plan; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California. Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G &T Financial Management Guide. For the purposes of this subsection, "Equipment" is defined as nonexpendable property' that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but failing into the following categories are also considered Equipment: (1)electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers; 5. Shall be used by SUB - RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing, such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 7. Shall be recorded on a ledger. This record must be updated bi- annually and forwarded to the City. The record shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of.Equipment. Records must be 6 I retained pursuant to 28 C.F.R. Part 66.42, and Office of G &T. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10. SUB - RECIPI ENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB - RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. All training expenses must be pre - authorized by OHS at http:// www. calguard. ca .gov /cajs- hstnonslgcpForm.htm. A catalogue of Grantor approved and sponsored training courses is available at hftp://www.ojp.usdoj.gov/odp/training.htm. E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http: / /hseep.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines. as listed in FY 2007 Homeland Security Grant Program, as set forth above. G. Any organizational activities paid pursuant to this Agreement.shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. 7 ,3i III PAYMENT §301. Payment of Grant Funds and Method of Payment A. The CITY may a) transfer to SUB- RECIPIENT, equipment or services purchased with grant funds; or b) reimburse SUB - RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENTS purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding, attached hereto as Exhibit C. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B. SUB - RECIPIENT shall provide quarterly invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures (attached hereto as Exhibit E) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. For equipment for which SUB - RECIPIENT is requesting reimbursement, all appropriate back -up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, SUB - RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that an OHS tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, and receipts for travel expenses related to the training. For regional project reimbursements, SUB- RECIPIENT must include approval from the lead agency for all submitted invoices. C. Payment of final invoice shall be withheld by the CITY until the SUB - RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement. D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB - RECIPIENT of a loss or reduction of federal grant funds. 0 o`L IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub- recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub - recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law. Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall includg, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 35 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made. by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any.party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation SUB- RECIPIENT may not, unless it has first obtained the written permission of the CITY: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits SUB - RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB - RECIPIENT performance hereunder and shall pay any fees required therefore. SUB - RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action SUB - RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Agreement, SUB - RECIPIENT shall not discriminate in its employment- practices against any employee or applicant for employment because of such person's race; religion, national origin, ancestry, sex, sexual orientation, age, physical . handicap, mental disability, marital status, domestic partner status or medical condition. SUB - RECIPIENT shall comply with Executive Order 11246, entitled "Equal Employment. Opportunity;" as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRI= Part 60). 10 3' f If required, SUB- RECIPIENT shall submit an Equal Employment Opportunity Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with guidelines listed at http:// www.ojp.usdoj.gov /ocr /eeop.htm, Any subcontract entered into by the SUB - RICIPIENT relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Bonds SUB- RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. §410. Indemnification Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. SUB- RECIPIENT certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. §411. Conflict of, Interest A. The SUB - RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such .person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the.appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: A member of such person's immediate.' family, or domestic partner or organization has a financial, interest i the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest' in the subcontract. 11 �S B. Definitions: 1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB - RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. E. Prior to obtaining the CITY'S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB - RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB - RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB - RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The SUB- RECIPIENT covenants that no member, officer or employee of. SUB- RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection 12 30 with this project during his/her tenure as such employee, member or officer or for one year thereafter. I. The SUB - RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB- RECIPIENT" and "sub subcontractor" for "Subcontractor". §412. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records.Act (California Government Code Sec. 6250 et seq.). §413. Statutes and Regulations Applicable To All Grant Contracts A. SUB - RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB - RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB- RECIPIENT shall comply with state and federal laws and . regulations pertaining to labor, wages, hours, and other conditions of employment. SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: Office of Management and Budget (OMB) Circulars SUB - RECIPIENT shall comply with OMB Circulars, as applicable: OMB Circular A -21 (Cost Principles for Educational Institutions); OMB Circular A -87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-1 02 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A -110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non- Profit Organizations); OMB Circular A-122 (Cost Principles for Non - Profit Organizations); OMB Circular. A-133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act If Federal funds are used in the performance of this Agreement, SUB - RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; and any administrative regulation or field memos implementing the Act. Americans with Disabilities Act SUB - RECIPIENT hereby certifies that it will comply with the Americans with Disabilities Act 42, USG §§ 12101 et sea., and its 13 3? implementing regulations. SUB - RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. SUB - RECIPIENT will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the SUB - RECIPIENT, relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither. shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement provides for more than $100,000.00 in grant funds or more than $150,000 in loan funds, SUB - RECIPIENT shall submit to the CITY a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 USC 1352. A copy of the Certificate is attached hereto as Exhibit B. No funds will be released to SUB - RECIPIENT until the Certification is filed. SUB - RECIPIENT shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub - awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At anytime during normal business hours and as often as the CITY, the U.S. Comptroller General and /or the Auditor General of the State of California may deem necessary, SUB- RECIPIENT shall make available for examination all of its records with respect to all matters covered by this Agreement. The CITY, the U.S. Comptroller General and /or the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including SUB- RECIPIENT'S invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14 M SUB - RECIPIENT agrees to provide any reports requested by the CITY regarding performance of the Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specked in this Agreement. Original forms are to. be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after termination of this Agreement and after final disposition of all pending matters. 'Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit . said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. 7. Subcontracts and Procurement SUB - RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. SUB - RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB - RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of anv funds to the subcontractor. The.SUB- RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor SUB - RECIPIENT shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed requirements for merit systems,for programs funded under one of the 19 statutes or.regulations specked in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R. 900, Subpart F). SUB - RECIPIENT shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and 15 Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction subagreements, and the Hatch Act (5 USC § §1501 -1508 and 7324 - 7328). SUB - RECIPIENT shall comply with the Federal Fair Labor Standards Act (29 USC § 201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union /labor organizing activities. CA Gov't Code Sec. 16645 et seg. 9. Civil Rights SUB - RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U. S.C. § §3601 et seq.), as amended, relating to non - discrimination in the sale; rental or financing of housing; (i) any other nondiscrimination provisions. in the specific statute(s) under which application for Federal assistance is being made; Q) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P:L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental SUB - RECIPIENT shall comply, or has already complied; with the requirements of Titles II and 111 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 purchases. 16 #0 SUB - RECIPIENT shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P. L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93 -234). SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. SUB - RECIPIENT shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. SUB - RECIPIENT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that.a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, SUB- RECIPIENT ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seg. and is, not impacting the environment negatively. SUB- RECIPIENT shall comply with the Energy Policy and Conservation Act (P.L. 94 -163, 89 Stat. 871). SUB - RECIPIENT shall comply, if applicable, with the provision of the IIIn q1 Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11. Preservation SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 12. Suspension and Debarment SUB - RECIPIENT shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and Debarment, and SUB - RECIPIENT shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the CITY concurrent with the execution of this Agreement and shall certify that neither SUB - RECIPIENT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency. SUB- RECIPIENT shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 13. Drug -Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701, 28 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Govt Code §§ 8350 -8357. 14. Miscellaneous SUB- RECIPIENT shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89 -544, 7 USC § §2131 et seq.). B. Statutes and Regulations Applicable To This Particular Grant SUB- RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations., program and administrative requirements, policies and any other requirements governing this particular grant program. SUB - RECIPIENT shall comply with new; amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements. include, but are not limited to: Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; :Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. 18 '7'1;zl Department of Homeland Security, Office of Grants and Training, FY 2007 Homeland Security Grant Program — Program Guidance and Application Kit; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445- 2448. Provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,. Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services;.Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination /Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Weland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and . Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. 2. Travel Expenses SUB - RECIPIENT as provided herein may be compensated for SUB - RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in -State and out -of State travel shall not be reimbursed without prior written 19 / authorization from the UASI Grant Office. SUB - RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB - RECIPIENT'S travel policies and procedures. If SUB - RECIPI ENT does not have established travel policies and procedures, SUB - RECIPIENT'S reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML 97 -024, Section 599.619, dated July 1, 1997 and Section 599.631, and as amended from time to time. 3. Noncompliance SUB - RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB - RECIPIENT to CITY of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ( "Grant Assurances "), attached hereto as Exhibit D. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB - RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances. §414. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an independent party and not as a CITY employee. §415. Inventions. Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB - RECIPIENT shall, report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor.shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ( "Policy ") embodied in the Federal Acquisition Regulations 20 System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB- RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions CITY shall have an unencumbered right, royalty- free license, to use, manufacture, do so for all government purposes, any Agreement. C. Copyright Policy and a non - exclusive, irrevocable, improve upon, and allow others to Invention developed under this Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the author or the CITY, at the CITY S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non - exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and. allow others to do so.for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and a non - exclusive; irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. SUB- RECIPIENT shall comply with 24 CFR 85.34. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use,, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the. data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2). instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors SUB - RECIPIENT shall require all subcontractors to comply with the 21 7J obligations of this section by incorporating the terms of this section into all subcontracts. §416. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB - RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub - Contractors. 22 7�7 V DEFAULTS. SUSPENSION TERMINATION, AND AMENDMENTS §501. Defaults Should SUB- RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB- RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB - RECIPIENT shall be incorporated into this Agreement by a written amendment property executed and signed by the person authorized to bind the parties thereto. SUB- RECIPIENT agrees to comply with all future CITY Directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 23 �7 vl ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty -five (25) pages and five (5) Exhibits which constitute the entire understanding and agreement of the parties. 24 49 IN WITNESS WHEREOF, the City and CITY OF NEWPORT BEACH have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. ATTEST: CITY OF SANTA ANA, a municipal Corporation of the Sate of California . By: By: / r Patricia E. Healy 7 David N. Ream Clerk of the Council City Manager RECOMMENDED FOR APPROVAL: By:.. Paul M. Walters Chief of Police APPROVED AS TO /�FORM: By: I�NY OA , Paula Coleman - Assistant City Attorney SUB - RECIPIENT CITY OF NEWPORT BEACH By: �. U Printed Name Title APPROVED AS TO FORM By: 4 .0 . C , (� Printed Name Ao, r., v C , 9±! rbd Afdoercy EXHIBIT A CERTIFICATION REGARDING DEBARMENT 26 0 EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or _ contract under a public transaction; _violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explana n to this application. 2 �( ' Address: ✓ v -� /� h��rized Agen / gn tune ited.n Tvned`Name Title . 27 • •' • 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," " suspended, "'ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each . participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Proorams. 8. Nothing contained in the foregoing shall be construed.to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent . person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 28 . 501 EXHIBIT B CERTIFICATION REGARDING LOBBYING 29 - S3 EXHIBIT B CERTIFICATION REGARDING LOBBYING Certification for Contracts Grants Loans and Cooperative Aareements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER. CONTRACTORIBORROWERIAGENCY NAM AND TITLE OF 6WTHORIZED REPRE6ENTATIVE WIN 30 5 EXHIBIT C FY07 Anaheim /Santa Ana UASI Application for Project Funding 31 JAS' EXHIBIT D GRANT ASSURANCES 32 s� Office of Homeland Security FY07 UASI Grant Assurances By signing this agreement the SUB - RECIPIENT certifies the following: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub - granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will comply with all federal statues relating to nondiscrimination. These include but are not.limited.to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits discrimination on. the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683 and 1685 - 1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; A. The Age Discrimination Act of 1975,.as amended (42 U.S.C. §§ 6101 -6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to 33 S7 nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title 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. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and L The requirements on any other nondiscrimination statute(s) which may apply to the application. 8. 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 (42 U.S.C. § 4601 et seq. (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 10. 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.L. 91 -190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c.. protection of wetlands pursuant to EO 11990; d'.. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans. under Section FY06 Homeland Security Grant Program Page 45 176(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, (Pi. 93 -523); and h. protection of endangered species under the Endangered. Species Act of 1973, as amended, (P.L. 93 -205). i. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 34 JF Section 15000- .15007 11. 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. 12. 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 Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq). 13. Will comply 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. 14. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount .of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes orreplations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5, C.F.R. 900, Subpart F). 16. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 17. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. S. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance: FY06 Homeland Security Grant Program Page 46 35 A S 19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non -profit organizations. 20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor standards for federally assisted construction sub- agreements. 21. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 22. Agrees 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation; renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a 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. 23. Agrees that equipment acquired or obtained with grant funds: a:. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36 M c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 24. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non - federal funds. 25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A -2I, A -87, A102, A- 110, A -122, and A -133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and use of Federal funds for this federally- assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative. agreements, Including: a. Part 18, Administrative Review Procedures; b. Part 20, Criminal Justice Information Systems; c. Part 22, Confidentiality of Identifiable Research and Statistical Information; d. Part 23, Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Department of Justice Programs and . Activities; f. ` Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; g. Part 38, Equal Treatment of Faith -based Organizations; h. Part 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government -Wide Debarment and Suspension (Non- Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants) 37 �r 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 30. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L.97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. 36. As required by Executive Order 12549, Debarment and I Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67:510 A. The applicant certifies that it its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud. or a criminal offense in connection with obtaining, attempting to obtain, 38 (p � or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 37. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and . (2) Notify the employer in writing of his or her conviction for a violation Of a criminal drug statute occurring in the workplace no later than five calendar days after such .conviction; 30 (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he /she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature o. Authorized Printed Nana Authorized gei Title: r `y Cw 40 , EXHIBIT E REIMBURSEMENT REQUEST FOR GRANT EXPENDITURES 41 (� S Anaheim/Santa Ana Urban Areas Security Initiative Reimbursement Request for Grant Expenditures Mail Reimbursement Request to: Anaheim Police Department Fast Station — Homeland Security Bureau Attn: Lisa Navarro, Grant Coordinator 425 S. Harbor Blvd. Anaheim, CA 92805 ❑ This is the final reirnhumennent renned Santa Ana Police Department Attn: Sgt. Enrique Esparza, Grant Coordinator 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92702 I Agency / City Requesting Reimbursement I I Total 'mount Requested: (Attach copies of s uPporting invoices) Under penalty of perjury, I certify that: • 1 am an authorized officer of the claimant herein. • This claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances. • All attached invoices for items and/or services have been received in full. 2, " MAMWIM, Printed Name Phone Number I I Mailing Address Fax Number City, State, Zip Code signature (Please sign in blue ink.) Request Tracking Number: Account #: Girtill: I L,161 Grant Year: solution Comments 42 Date: M City of Newport Beach NO. BA- OBBA -064 BUDGET AMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: 847,316.as qIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To increase expenditure appropriations and revenue estimates to accept 2007 UASI transfer agreement training funds to be utilized for reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency personnel. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3609) Fund/Division Account 1820 48665 EXPENDITURE APPROPRIATIONS (3603) Description Description PD Support Svcs - 2007 UASI Training Grant Description Division Number 7014 Misc & Studies Account Number C8002010 2007 UASI Training Grant Division Number Account Number' Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: AdminlstroVe Services Director City Manager Amount Debit Credit $47,315.46 $47,315.46 Date d !� Da City Council Approval: City Clerk Date BY THE Cm COUNCIL Cm OF NEWPORT BEACH nn- s{��fr TO: FROM: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 May 13, 2008 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Fire Department Steve Lewis, Fire Chief, 6443101 siewis(@city.new[3ort-beach.ca.us SUBJECT: Acceptance of the 2007 Urban Areas Security Initiative (UASI) Grant Transfer Agreement 1. Accept the 2007 UASI Grant transfer agreement training funds in the amount of $47,315.46 to be utilized for reimbursement training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel. 2. City Council approve a Budget Amendment BA increasing revenue estimates by $47,315.46 in 1820 - 48665, UASI Grant, and increasing expenditure appropriations by $47,315.46 in 7014- C8002010. DISCUSSION: The Urban Area Security Initiative (UASI) grant was established in 2003, by the Department Homeland Security (DHS) to provide funding for training and equipment for emergency personnel. The urban areas are chosen by DHS based on a formula that takes into account factors such as critical infrastructure, population density, and credible threat information. Among other densely populated areas, the Cities of Santa Ana and Anaheim were jointly awarded approximately $11 million dollars in the fiscal year 2007. Both UASI cities and the County of Orange have teamed up to forge one of the most cohesive, focused, and regional partnerships anywhere in the nation. The City of Newport Beach falls within the Santa Ana UASI area, administered by the City of Santa Ana. The Santa Ana UASI has set aside a total of $47,315.46 for the City of Newport Beach for reimbursement costs associated with training emergency. personnel including Fire, Police, and EOC staff. The funds for the UASI grant will reimburse the City for any training costs incurred such as tuition, overtime, back fill, and travel expenses for approved courses. No matching funds are required to accept this grant. • da Item No. May 13, 2008 Page 2 Additionally, with this grant, the City is eligible to receive UASI grant funds for preparedness and response equipment. To date, the City has already received the following equipment with UASI funds: Personal Protection Equipment (PPE) for all first responders, Radio Communications 800 MHz enhancements, Fire dispatch integration (Study to integrate CAD to CAD), mobile radios, and a Mobile Command Vehicle. Prepared by: ( L I �Z� LAH-e'Eing Emergency SeUes Coordinator Attachments: Budget Amendment Submitted by: 5 Steve Lewis Fire Chief • • FY07 Anaheim/Santa Ana UASI Application for Project Funding COPY This application should be used to request FY07 Anaheim/Santa Ana UASI project funding and to demonstrate how the funds will be used to enhance the capabilities of the urban area and support the National Preparedness Goal, the State's Homeland Security Strategy and the Urban Area's Homeland Security Strategy. Each project must support one of the Investment Justifications submitted by the urban area as part of their FY07 UASI Grant Application. (A list of the Investment Justifications and strategies can be found in appendices of the FY2007 UASI Grant Guide) Projects should be developed using a capabilities -based planning approach and make use of the "Target Capabilities List ", keeping in mind a capability may be delivered with any combination of properly planned, organized, equipped, trained and exercised personnel that achieve the intended outcome. Just as no single agency /jurisdiction would be expected to perform every task, neither would they be expected to have sufficient levels of every capability needed for a major event. Requirements that exceed a jurisdiction's capabilities would be secured through mutual aid or formal requests for assistance from other levels of government. This concept is the basis for strengthening regional planning, coordination, and resource sharing to prepare for catastrophic events. A key factor in determining if a project will receive funding is the ability of the project to achieve a regional capability. Using this methodology will assist the applicant in clearly defining why the capability is needed; how the capability will be used; what functions the capability will perform; who will need the capability; when the capability will be available; what key performance and other attributes comprise the capability; how the capability will be supported; what skills will be required and how we train responders; and finally, how much will the capability cost. Each application may support only one project. If an agency /jurisdiction wishes to submit multiple projects for funding, each project will require a separate application. Prior to completing this. application the Agency /Jurisdiction should confirm they have met all requirements necessary to be eligible to apply for UASI funds. (Response areas will expand to accommodate text entries) 1 of 19 . FY07 Anaheim/Santa Ana UASI • Application for Project Funding This page intentionally left blank 2of19 4 .FY07 Anaheim/Santa Ana UASI• Application for Project Funding I. Summary Information Grant: I Urban Areas Security Initiative (UASI) Year: 12007 Agency /Jurisdiction City of Newport Beach Requesting Fin nd+n Total Funding Discretionary Allocation: $11,828.87 Requested: I Regional Training Allocation: $47,315.46 Protect Description: Enter a summary description of the project: (This.olesc7ipdon should o be a ew lines which WLqin the overall concept o the Project) This project provides reimbursement for FEMA — National Preparedness Directorate (formerly Grants & Training) approved homeland security related training. 3 of 19 5` •FY07 Anaheim/Santa Ana UASI • Application for Project Funding rt. Points of Contact II. " rrma ?.A cn"hYMOri9di✓ Lion 4�onti ct} GS nt nto ` Nan= I Steve Shulman Police SEgeant Addmn- $70 Santa Barbara Drive 870 Santa Barbara Drive Nei rt Beach 92660 92660 ELieutenant 949 -644 -3740 949- 279 -4815 949- 718 -1030 DBimh b .o Shulman r d cLr 1 i n r Narne: Il. Name: n1n o ding. o Dennis Birch Tilte: Police SEgeant Addmn- $70 Santa Barbara Drive City New ort Beach CA ZiP Codez 92660 Once Phone 949 644 -3730 Cell Phone: 1 49 795 -9782 Fax 949 644 -3740 E-mail: DBimh b .o 11 _ 1 i n r Narne: Paul Matheis Y itic: Fire Division Chief Address 3300 Nei ort Boulevard Chr. Anew rt Beach, CA, P.O. Box 1768 ZiP Cam: 92659 -8915 Office Phone 949 644 -3368 Cell Phone 949 795 -2231 Fax: 949 6443388 &nail: I Pmatheis NBFD.nct 11. Nam: r i n Katie Ein Tide. Disaster Preparedness Coordinator Address: 3300 Newport Boulevard CitY: iw%lc%vport Beach, CA P.O. Box 1768 7iP Codes 92658 -8915 Office Phone 949 644 -3109 Cell Phone 1 49 795 -9782 Fax: 949 644 -3388 4of19 b •FY07 Anaheim/Santa Ana UASI Application for Project Funding • M. Detailed Project Description Describe the capability gap(s) this project is intended to address and why this solution was selected over other options. Provide a detailed description of the project's goals, objectives and expected outcomes. Description should include details on how the project will be deployed (single jurisdiction, mutual aid zone, urban area) and the regional This project provides reimbursement for training that will address multiple capability gaps that exist in the Urban Area in the prevention, response, and recovery from incidents of terrorism and catastrophic events. These capability gaps will be identified by the individual jurisdictions throughout the Urban Area and through a committee process that is multi jurisdictional and represents the entire Urban Area. Both individual jurisdictions and the committee process will use a capability assessment as well as prior after action reports to assist in the determination of capability gaps in training that exist in the Urban Area. This training project was selected, because training is the one of the key components in the Department of Homeland Security's National Preparedness Guidelines. Only through training can personnel across all disciplines become familiar with plans, policies, and procedures that will allow them to effectively prepare for and respond to incidents of terrorism. This project seeks to provide training that closes capability gaps that are identified by individual agencies and through a committee process that determines regional capability gaps. The goal of this project is that personnel in the various disciplines and jurisdictions have the knowledge that trains them to prepare for and respond to incidents of terrorism and catastrophic events. This project funds jurisdictional specific as well as regional training with a funding emphasis on regional training projects that benefit the entire Urban Area and provide a baseline of training to targeted disciplines and responders in the Urban Area. 5of19 •FY07 Anaheim/Santa Ana UASI • Application for Project Funding IV. Strategy Explain how this project supports the Urban Area's Homeland Security Strategy and the State's Homeland Security Strategy. Please provide relevant strategy reference numbers. (Urban Area and State Strategy are listed in the appendices of the FY2007 ASAUA UASI Grant Guide) This project supports the Urban Area's Homeland Security Strategy item 3.2 which seeks to ensure that training programs are delivered to accomplish core competencies and awareness levels among all first responders regarding terrorism and WMD events. This project will accomplish this through the identification and implementation of training that fills current capability gaps. This project also supports the following California Homeland Security Strategy Goals: 1. Strengthen CBRNE Detection, Response, and Decontamination Capabilities (Goal 3- Objective 3.4) 2. Strengthen Explosive Device Response Operations (Goal 4- Objective 4.4) 3. Strengthen Medical Surge Capabilities (Goal 6- Objective 6.4) 4. Strengthen Mass Prophylaxis Capabilities (Goal 7- Objective 7.4) Each of these goals listed in the California Homeland Security Strategy could be supported through the training that is implemented through this project. IV. (a) Strategy — FY07 Investment Justifications Explain which of the Urban Area's Investment Justifications (U) this project supports. Please provide relevant IJ reference numbers. W's are listed in the appendices of the FY2007 UASI ASAUA Grant Guide) This project directly supports Investment Justification #7 by continuing and enhancing the homeland security training program in the Anaheim / Santa Ana Urban Area fIV. (b) Strategy — Primary Target Capability . Provide-the primary Target Capability the project" is designed to support. /Target Capabilities are listed in the appendices of the FY2007 ASAUA UASI Grant Guide) Intelligence / Information Sharing and Dissemination IV. (c) Strategy - Target Capability Narrative Provide a description of how this project supports the Target Capability selected and its associated tasks. This investment will leverage other grant funds to enhance and expand the Urban Area's current Terrorism Liaison Officer (TLO) program. This investment will provide the necessary training for TLOs, and provide awareness level training to other responders. These responders will then understand the types of information that should be fed to the designated TLOs in their agencies. The TLOs become the conduit of information into 6of19 •FY07 Anaheim/Santa Ana UASI• Application for Project Funding the information sharing and investigative process. IV. (d) Strategy — National Priorities Provide the National Priority(ies) this project supports. Response should include a detailed description how the project supports the National Priority(ies) selected. (National Priorities are listed in the amendices of the FY2007 ASA UA (JAM Grant Cmide) This project supports the following National Priorities: 1. Implement the National Incident Management System and National Response Plan 2. Strengthen Information Sharing and Collaboration Capabilities 3. Strengthen Chemical, Biological, Radiological, Nuclear, and Explosive Detection, Response, and Decontamination Capabilities 4. Strengthen Planning and Citizen Preparedness Capabilities This project supports these National Priorities through the identification of capability gaps that are related to these priorities and the implementation of jurisdictional and regional training programs that address these capability gaps. 7of19 •FY07 Anaheim/Santa Ana UASI. Application for Project Funding V. Funding Plan Provide the total estimated cost of the project. Total shall be broken down by solution area using the following table. For each solution area selected provide a description of the planned expenditures. (note: M&A funds should not be used by sub- recipients) Solution Area Requested Amount Planning Organization ui tnent Training Discretionary Allocation: $11,828.87 Regional Training Allocation: $47,315.46 Exercises M &A Core Cures Only) Project Total Discretionary Allocation: $11,828.87 Regional Training Allocation: $47,315.46 Planning (Refer to the FY07 HSGP Grant Guide for allowable expenses under this solution area and include Mrs=cl costs Description of planned expenditures: NIA Organization (Refer to FY07 HSGP Grant Guide for allowable expenses under this solution area and include personnel costs Description of planned expenditures: N/A Equipment (Refer to the AEL for allowable expenses under this solution area and complete the Detailed Equipment sheet. Include in the description section sufficient information to demonstrate the equipment is being used in the context in which it is on the AEL. Description of planned expenditures: N/A Training (Refer to the FY07 HSGP Grant Guide for allowable expenses under this solution area Description of planned expenditures: Approved training expenses for jurisdictional specific training. Approved training expenses for regional training projects. Exercises -(Refer to the FY07 HSGP Gran Guide for allowable expenses under this solution area and include personnel costs Description of planned expenditures: N/A Management &.administration or useft are cities" fer to dw FY,07 Grant HSGP Guide for allowable expenses under this solution area Description of planned expenditures: N/A 8 of 19 10 •FY07 Anaheim/Santa Ana UASI• Application for Project Funding VI. Milestones Provide up to 10 specific milestones for the project, including a description and start and end dates. Descriptions should include details of the activities to be performed. Milestone #1 Title: Training Needs Assessment Start Date: 1/1/08 End Date: 3/1/08 Description: Jurisdiction identifies training gaps in homeland security related capabilities from sources such as After Action Reports. Milestone #2 Title: Begin participation in training committee Start Date: 1/1/08 End Date: 1/31/08 Description: Jurisdiction begins to participate in Urban Area training committee meetings to develop regional training program options. Milestone #3 Title: Jurisdiction Training Plan Development Start Date: 3/1/08 1 End Date: 4/1/08 Description: Training plan (including vendor options, training cost estimates, etc.) is developed. Weston #4 Title: Jurisdictional Specific Training Occurs Start Date: 3/1/08 1 End Date: 12/1/09 Description: Jurisdictional specific training occurs in accordance with the jurisdiction's training plan to address the training gas identified in its needs assessment. Milestone. #5 Title: Regional Training Occurs Start Date: 3/1/08 End Date: 12/1/09 Description: Regional training occurs in accordance with the training plan developed . and implemented by the training committee. Milestone 96 Title: Final Reimbursement Documents Processed Start Date: 12/1/09 1 End Date: 3/1A0 Description: Final reimbursement documents for jurisdictional specific and regional training expenses are processed and submitted to the Santa Ana Police Department for reimbursement. Milestone #7 Title: Start Date: End Date: Description: 9 of19 • FY07 Anaheim/Santa Ana UASI • Application for Project Funding Milestone #8 Title: Start Date: End Date: Description: Milestone #9 Title: Start Date: End Date: Description: Milestone #10 Title: Start Date: End Date: Description: 10 of 19 / ZI FY07 Anaheim/Santa Ana UASI• Application for Project Funding VII. Proiect Management Describe the management team that is directly responsible for the implementation of this project. Specifically, describe any key project roles and responsibilities, structures, and subject matter expertise required by this project, including at least the project manager and the contract structure. An organizational chart may be included. This project will be managed by each jurisdiction by a maximum of two points -of- contact representing two city departments such as Police and Fire. These points -of- contact will be responsible for maintaining the jurisdiction's total training allocation budget that will be reimbursed through the Urban Area Security Initiative grant funds. These points of contact will be the only personnel who have the authority to submit training course approvals to the State Office of Homeland Security and the only personnel who have the authority to submit requests for reimbursement for approved training expenses. The Training Coordinator of the Santa Ana UASI office will be responsible for processing reimbursement requests for all of the jurisdictions in the Urban Area for Fiscal Year 2007. 11 of 19 l3 •FY07 Anaheim/Santa Ana UASI • Application for Project Funding List and describe up to five potential challenges to the effective implementation of this project. For each identified challenge, provide a brief description of how the challenge will be mitigated and include the probability of occurrence (high, medium, low), and level of impact should it occur (high, medium, low). #1 -Challenge Probability Medium Impact: I High Description of challenge: Jurisdictions will not utilize all UASI training allocation funds prior to the close of the FY07 UASI gpnt. Mitigation Strategy: Prior to the close of the grant, remaining fitnds that have not been budgeted for specific classes will be reallocated to other individual jurisdictions or used to fund ongoing regional training projects. Challenge #2 Probability: I LOW Impact: FFAedium Description of challenge: Training will not have a regional emphasis. Mitigation Strategy: Through the newly formed Training, Equipment, and Exercise Committee, training courses will be recommended to the Grant Steering Committee that will have a regional focus. Challenge #3 Probability: Medium Impact: Hi Description of challenge: Inadequate documentation to support reimbursement requests. Mitigation Strategy: The Santa Ana UASI Training and Exercise Coordinator will monitor reimbursement requests to verify that each jurisdiction supplies and maintains appropriate -documentation- a #4 -Challenge Probability: Impact: . Impact. Description of challenge: Description of challenge: Mitigation Strategy: Cbatlen . R. Probability.- Impact: Description of challenge: Mitigation Strategy: 12 of 19 1 •FY07 Anaheim/Santa Ana UASI • Application for Project Funding 13 of 19 /5— •FY07 Anaheim/Santa Ana UASI • Application for Project Funding IX. Impact (Performance Measures) What outcomes will indicate this project is successful and how will the impact be measured? Response should include details on what capability(ies), task(s) or roficiency(ies) was established or enhanced This project will be measured for its success through several methods. One such method will be to determine the numbers of multi - disciplined personnel received training that was funded by this project. Increased numbers of personnel or increased numbers of disciplines that receive training would indicate project success. Exercises will also measure the success of this project. This project funds training that will be either determined to be necessary by an individual jurisdiction or through a committee process that determines regional training needs. Once training occurs, exercises will be developed that test the capabilities that should have been achieved through the training. Exercise after action reports will reveal either proficiency or additional training needs. Finally, this project will be measured for its success by the numbers and types of additional capabilities that have been enhanced or created through the implementation of this project. These capabilities could be quantified by determining the numbers of "resource typed" capabilities that have been created or enhanced through the training funded by this project. 14 of 19 n •FY07 Anaheim/Santa Ana UASI • Application for Project Funding What is the long -term approach to sustaining the capabilities developed by this project? Response should include details on how the capability(ies) will be maintained and sustained including what funding will be used to sustain the capability. This project has been and continues to be leveraged with other grant funding sources. By leveraging several grant sources to fund this project, the Anaheim / Santa Ana Urban Area is able to increase the numbers of personnel that receive training while not relying completely on one grant source. The Anaheim / Santa Ana Urban Area has increased its capabilities to plan for, prevent, and respond to incidents of terrorism and catastrophic events in part by providing multi - agency and multi - discipline training to large numbers of personnel. Sustainment of this training will not be as costly as the original implementation to large numbers of responders, and could be funded through existing training budgets in the future. 15 of 19 �7 • FY07 Anaheim/Santa Ana UASI • Application for Project Funding XI. Attachments Include any attachments that may be relevant to the proiect. 16 of 19 1 r FY07 Anaheim/Santa Ana UAS, Application for Project Funding Mi. Sub - Recipient Representative Si¢ nature A ent authorized to a ly fo and accept award on behalf of agency/ jurisdiction Si tore: l�tit Name: St e Lewis Title: Fire Chief Address: 3300 Newport Boulevard City: Newport Boulevard, CA zip Code: 92658 -8915 Office Phone: (949 ) 644 -3382 Cell Phone: (944 279 -9885 Fax: (949 ) 644 -3120 E -mail: I SLewis FD.net Project reviewed by: UASI Representative: Ana Anaheim Signature: (�Santa Title: Name: Carlos Rojas Mark C rien Title: Commander Lieutenant Address: 60 Civic Center Plaza 8201 E. Santa Ana Canyon Rd. City, State Santa Ana, CA Anaheim, CA Zip Code: 92792 92803 Office Phone: - 714) 245 -8722 714 765 -3879 Cell Phone: (71 A 714 497 -6342 Fax: 714 ) 245 -8098 (714) 765 -3805 E -nmd.' crojas anta -ana or me rien anaheim.net Recommended for A roval: Yes O No Funding approved in an amount not to exceed: Discretionary Allocation: $11,828.87 Regional Training Allocation: $47,315.46 Anaheim/Santa Ana UASI Authorized Representative Signature: Name: Pau TM. Walters Title: Chief of Police Address: 60 Civic Center Plaza City, State: Santa Ana, CA Zip Code: 92702 Office Phone: 714 245 -8703 Cell Phone: Fax: (714) 245 -8098 E-mail: pwalters@santa-ana.org 17 of 19 jq • FY07 Anaheim/Santa Ana UASI • Application for Project Funding APPENDIX A 18 of 19 Detailed Equipment Sheet Sheet _ of • • �' 19 of 19 SUB - RECIPIENT: City Contract Number AGREEMENT CITY OF NEWPORT BEACH 6AN COPY �. M • TABLE OF CONTENTS Section Description Page I INTRODUCTION §101. Parties to the Agreement 3 §102. Representatives of the Parties and Service of Notices 3 §103. Independent Party 4 §104. Conditions Precedent to Execution of this Agreement 4 I I TERM AND SERVICES TO BE PROVIDED §201. Time of Performance §202. Use of Grant Funds III PAYMENT §301. Payment of Grant Funds and Method of Payment 8 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 9 §402. Applicable Law, Interpretation and Enforcement 9 §403. Integrated Agreement 9 §404. Excusable Delays 9 §405. Breach 10 §406. Prohibition Against Assignment or Delegation 10 §407. Permits 10 §408. Non Discrimination and Affirmative Action 10 §409. Bonds 11 ..3 Section Description TABLE OF CONTENTS • Pape §410. Indemnification 11 §411. Conflict of Interest 11 §412. Restriction on Disclosures 13 §413. Statutes and Regulations Applicable to All Grant Contracts 13 §414 Federal, State, and Local Taxes 20 §415. Inventions, Patents and Copyrights 20 §416. MBE/WBE 22 V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults §502. Amendments V ENTIRE AGREEMENT §601. Complete Agreement §602. Number of Pages and Attachments Execution (Signature) Page EXHIBITS Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit B Certification Regarding Lobbying Exhibit C FY07 Anaheim /Santa Ana Application for Project Funding Exhibit D Grant Assurances Exhibit E Reimbursement Request for Grant Expenditures ii 23 23 24 24 25 4 • 0 Agreement Number. AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY07 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF SANTA ANA AND CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into this day of 2007, by and between the CITY OF SANTA ANA, a municipal corporation (the CITY"), and CITY OF NEWPORT BEACH, (the'SUB- RECIPIENT" or "Contractor"). WITNESSETH WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim /Santa Ana Urban Area under the FY07 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY07 Urban Areas Security Initiative" from the federal Department Of Homeland Security — Office of Grants and Training, through the State of California Office of Homeland Security, to enhance countywide emergency preparedness, hereafter referred to as "the grant', as set forth in the grant guidelines and assurances that are located at hftp: / /www. homeland. ca.gov /pdfffyO7_hsgp�uidance.pdf and hft : //www.homeland .ca.gov /pdf /FY07 HSGP- StateSupplemental6- 1- 07.pdf, and incorporated to this Agreement by reference. Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF SANTA ANA (CITY) and is overseen by the California Office of Homeland Security (OHS); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Anaheim /Santa Ana Urban Area ( "ASAUA ") consists of the City of Santa Ana, the City of Anaheim, the unincorporated area of the County of Orange, and 34 participating jurisdictions; and WHEREAS, the Office of Grants and Training (G &'T) awarded a FY07 UASI Grant of $11,072,000 ( "Grant Funds' to the CITY OF SANTA ANA, as a Core City, for use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police and the Santa Ana Police Department, Homeland Security Division ( "UASI Grant Office") to provide for A5, 0 • terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY07 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement") to CITY OF NEWPORT BEACH ,(SUB - RECIPIENT) and others; WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the City Manager which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: is A. The CITY, a municipal corporation, having its principal office at 20 Civic Center Plaza, Santa Ana, CA 92702; and B. CITY OF NEWPORT BEACH, a municipal corporation, 3300 Newport Blvd. Newport Beach, CA 92663 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Santa Ana shall be, unless otherwise stated in the Agreement: Carlos Rojas, Commander Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA. 92702 Phone: (714) 245 -8722 Fax: (714) 245 =8098 crojas@santa-ana.org 2. The representative of CITY OF NEWPORT BEACH shall be: Paul Matheis Division Chief Newport Beach Fire Department 3300 Newport Blvd., Newport Beach, CA 92658 Phone: 949- 6443368 pmatheisO -city. newport-beach.ca.us with a copy to: M1 0 0 <<NAME OF 2nd RECIPIENT IF APPLICIABLE>> B. Formal notices, demands and communications to be given hereunder by either parry shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Partv SUB - RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF SANTA ANA. No employee of SUB - RECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of this Agreement, and SUB - RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB - RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF SANTA ANA. §104. Conditions Precedent to Execution of This Aareement SUB - RECIPIENT shall provide copies of the following documents to the CITY OF SANTA ANA, unless otherwise exempted. A. Grant Assurances in accordance with section 415C of this Agreement attached hereto as Exhibit D and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415Al2 of this Agreement and attached hereto as Exhibit A and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit B and made a part hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. • • TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on October 3, 2007 and end on March 31, 2010 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. CITY may a) transfer to SUB - RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or b) reimburse SUB - RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding attached hereto as Exhibit C. B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner. C. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https: / /viww.rkb.mipt.org, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim /Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS- adopted standards to be eligible for purchase using grant funds. SUB - RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY 07 UASI Grant can be found at OMB Circular A -102, Title 28 C.F.R. Part 66.36, and the Office of G &T Financial Management Guide. Any equipment acquired or obtained with Grant Funds: 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous W • 0 materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the State Homeland Security Strategy and deployed in conformance with that plan; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with. personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G &T Financial Management Guide. For the purposes of this subsection, "Equipment" is defined as nonexpendable property' that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful Irfe of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1)electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers; 5. Shall be used by SUB - RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 7. Shall be recorded on a ledger. This record must be updated bi- annually and forwarded to the City. The record shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; {f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment. Records must be '30 • 0 retained pursuant to 28 C.F.R. Part 66.42, and Office of G &T. 8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10. SUB - RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB - RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. All training expenses. must be pre - authorized by OHS at http:// www. calguard. ca .gov /cajs- hs/nonslgcpForm.htm. A catalogue of Grantor approved and sponsored training courses is available at hftp://www.ojp.usdoj.gov/odp/training.htm. E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http: / /hseep.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2007 Homeland Security Grant Program, as set forth above. • III PAYMENT §301. Payment of Grant Funds and Method of Payment 0 A. The CITY may a) transfer to SUB - RECIPIENT, equipment or services purchased with grant funds; or b) reimburse SUB - RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding, attached hereto as Exhibit C. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B. SUB - RECIPIENT shall provide quarterly invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures (attached hereto as Exhibit E) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. For equipment for which SUB - RECIPIENT is requesting reimbursement, all appropriate back -up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, SUB - RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that an OHS tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, and receipts for travel expenses related to the training. For regional project reimbursements, SUB - RECIPIENT must include approval from the lead agency for all submitted invoices. C. Payment of final invoice shall be withheld by the CITY until the SUB - RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement. D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB - RECIPIENT of a loss or reduction of federal grant funds. 3 a • 0 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub - recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub - recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law. Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement . This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 33 • 0 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation SUB - RECIPIENT may not, unless it has first obtained the written permission of the CITY: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits SUB - RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB - RECIPIENT performance hereunder and shall pay any fees required therefore. SUB - RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action SUB - RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Agreement, SUB - RECIPIENT shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race; religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. SUB - RECIPIENT shall comply with Executive Omer 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). 10 • • If required, SUB - RECIPIENT shall submit an Equal Employment Opportunity Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with guidelines listed at http:// www.ojp.usdoj.gov /ocr /eeop.htm, Any subcontract entered into by the SUB- RICIPIENT relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Bonds SUB - RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. §410. Indemnification Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. SUB - RECIPIENT certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. §411. Conflict of Interest A. The SUB - RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. 11 • B. Definitions: 0 1. The term "immediate family" includes but is not limited to domestic partner and /or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the speck contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB- RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. E. Prior to obtaining the CITY'S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB - RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB- RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB - RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The SUB - RECIPIENT covenants that no member, officer or employee of SUB - RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection 12 30 0 • with this project during his /her tenure as such employee, member or officer or for one year thereafter. I. The SUB - RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB- RECIPIENT' and "sub subcontractor" for "Subcontractor". §412. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §413. Statutes and Regulations Applicable To All Grant Contracts A. SUB - RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB - RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB - RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: Office of Management and Budget (OMB) Circulars SUB - RECIPIENT shall comply with OMB Circulars, as applicable: OMB Circular A -21 (Cost Principles for Educational Institutions); OMB Circular A -87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A -102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A -110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations); OMB Circular A -122 (Cost Principles for Non - Profit Organizations); OMB Circular A -133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act If Federal funds are used in the performance of this Agreement, SUB- RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; and any administrative regulation or field memos implementing the Act. 3. . Americans with Disabilities Act SUB - RECIPIENT hereby certifies that it will comply with the Americans with Disabilities Act 42, USC §§ 12101 et seq., and its 13 ,3 7 • implementing regulations. SUB - RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. SUB - RECIPIENT will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the SUB - RECIPIENT, relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement provides for more than $100,000.00 in grant funds or more than $150,000 in loan funds, SUB - RECIPIENT shall submit to the CITY a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 USC 1352. A copy of the Certificate is attached hereto as Exhibit B. No funds will be released to SUB - RECIPIENT until the Certification is filed. SUB - RECIPIENT shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub - awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At any time during normal business hours and as often as the CITY, the U.S. Comptroller General and /or the Auditor General of the State of California may deem necessary, SUB - RECIPIENT shall make available for examination all of its records with respect to all matters covered by this Agreement. The CITY, the U.S. Comptroller General and /or the Auditor General of the State of California shall have the authority to,audit, examine and make excerpts or transcripts from records, including SUB - RECIPIENT'S invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14 M*1 • • SUB - RECIPIENT agrees to provide any reports requested by the CITY regarding performance of the Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specked in this Agreement. Original forms are to. be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. 7. Subcontracts and Procurement SUB - RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. SUB - RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB - RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The.SUB- RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor SUB - RECIPIENT shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R. 900, Subpart F). SUB - RECIPIENT shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and 15 3� 0 • Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction subagreements, and the Hatch Act (5 USC § §1501 -1508 and 7324 - 7328). SUB - RECIPIENT shall comply with the Federal Fair Labor Standards Act (29 USC § 201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union /labor organizing activities. CA Gov't Code Sec. 16645 et sea. 9. Civil Ricrhts SUB - RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to non - discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental SUB - RECIPIENT shall comply, or has already 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 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 purchases. 16 `TQ SUB - RECIPIENT shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93 -234). SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. SUB- RECIPIENT shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. SUB - RECIPIENT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, SUB - RECIPIENT ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seg. and is not impacting the environment negatively. SUB - RECIPIENT shall comply with the Energy Policy and Conservation Act (P.L. 94 -163, 89 Stat. 871). SUB - RECIPIENT shall comply, if applicable, with the provision of the 17 q1 Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System, 11. Preservation SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 12. Suspension and Debarment SUB - RECIPIENT shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and Debarment, and SUB - RECIPIENT shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the CITY concurrent with the execution of this Agreement and shall certify that neither SUB - RECIPIENT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or, agency. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 13. Druq -Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1988,41 USC §701, 28 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§ 8350 -8357. 14. Miscellaneous SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544,7 USC § §2131 et seq.). B. Statutes and Regulations Applicable To This Particular Grant SUB - RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. 18 0 E Department of Homeland Security, Office of Grants and Training, FY 2007 Homeland Security Grant Program — Program Guidance and Application Kit; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445- 2448. Provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Weland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations; and Part 83, Govemment: Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. 2. Travel Exoenses SUB - RECIPIENT as provided herein may be compensated for SUB - RECIPIENTS reasonable travel expenses incurred.in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in -State and out -of- State travel shalt not be reimbursed without prior written 19 41� • • authorization from the UASI Grant Office. SUB - RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB - RECIPIENT'S travel policies and procedures. If SUB - RECIPIENT does not have established travel policies and procedures, SUB - RECIPIENT'S reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML 97 -024, Section 599.619, dated July 1, 1997 and Section 599.631, and as amended from time to time. 3. Noncompliance SUB - RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB - RECIPIENT to CITY of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ( "Grant Assurances "), attached hereto as Exhibit D. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB - RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances. §414. Federal. State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an independent party and not as a CITY employee. §415. Inventions. Patents and Copyrights A. Reoortinq Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB - RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ( "Policy ") embodied in the Federal Acquisition Regulations 20 • • System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18 /1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB - RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions CITY shall have an unencumbered right, and a non - exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policv Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non -exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and a non - exclusive, irrevocable, royalty-free license; to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. SUB - RECIPIENT shall comply with 24 CFR 85.34. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(1`)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors SUB - RECIPIENT shall require all subcontractors to comply with the 21 7J • obligations of this section by incorporating the terms of this section into all subcontracts. §416. Minority. Women And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB - RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub - Contractors. 22 • V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults Should SUB - RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB - RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB - RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. SUB - RECIPIENT agrees to comply with all future CITY Directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 23 47 • VI ENTIRE AGREEMENT §601. Complete Agreement • This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty -five (25) pages and five (5) Exhibits which constitute the entire understanding and agreement of the parties. 24 49 • IN WITNESS WHEREOF, Agreement to be executed forth above. ATTEST. In Pi the City and CITY OF NEWPORT BEACH have caused this by their duly authorized representatives on the date first set %Aroirt vi uie wuncn RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA, a municipal Corporation of the Sate of California By: ley David N. Ream City Manager } By Paul M. Walters SUB - RECIPIENT Chief of Police CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: a4. Paula Coleman Assistant City Attorney Printed Narrte - �_ Title -a_✓,L- APPROVED AS TO FORM C (� By: ';", . Printed Name A o.. Pi w C. t I a ✓!� Title S s; S a^ } C; f y Printed Name 4u; of .G(I19�HIn A) GTY � �� 25 149 • EXHIBIT A 0 CERTIFICATION REGARDING DEBARMENT 26 • EXHIBIT A • CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanat n to this application. Title Address: 27 • E IL`lWZIIZ • • ' • . 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Goverment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement is entered, if at any time the prospective recipient of Federal assistance funds teams that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," " suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless It knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Goverment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 28 50. EXHIBIT B CERTIFICATION REGARDING LOBBYING 29 S3 • 1] EXHIBIT B 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: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER �p l �l'i u ni � i a �sq- �10/t' C U► CONTRACTOR/BOR OWERIAGENCY NAM AND TITLE OF 9THORIZED REPR ENTATIVE TURE 30 4 S E EXHIBIT C E FY07 Anaheim /Santa Ana UASI Application for Project Funding 31 5� n EXHIBIT D GRANT ASSURANCES 32 • • • Office of Homeland Security FY07 UASI Grant Assurances By signing this agreement the SUB - RECIPIENT certifies the following: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub - granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683 and 1685- 1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 -6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to 33 S7 • • nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title 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. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s) which may apply to the application. 8. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 10. 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.L. 91 -190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans. under.Section FY06 Homeland Security Grant Program Page 45 176(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, (PI. 93-523); and h, protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). i. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 34 JT • • Section 15000- 15007. 11. 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. 12. 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 Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq). 13. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 14. Has requested.through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 47284763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A ofOPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 16. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 17. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. FY06 Homeland Security Grant Program Page 46 35 51 • 0 19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non - profit organizations. 20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor standards for federally assisted construction sub- agreements. 21. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 22. Agrees 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other fiends than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a 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. 23. Agrees that equipment acquired or obtained with grant funds: a: Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36 I/ • • c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 24. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non - federal funds. 25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A -21, A -87, A102, A- 110, A -122, and A -133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and use of Federal funds for this federally- assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, Including: a. Part 18, Administrative Review Procedures; b. Part 20, Criminal Justice Information Systems; c. Part 22, Confidentiality of Identifiable Research and Statistical Information; d. Part 23, Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; g. Part 38, Equal Treatment of Faith -based Organizations; h. Part 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government -Wide Debarment and Suspension (Non- Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants) 37 (at • • 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 30. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L.97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. 36. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, 38 �D � or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 37. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 39 3 • (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent:_ Printed Name of ' Authorized Agent: a- Date: 40 • EXHIBIT E REIMBURSEMENT REQUEST FOR GRANT EXPENDITURES 41 (p s • u Anaheim /Santa Ana Urban Areas Security Initiative Reimbursement Request for Grant Expenditures Mai[ Reirnbursenteut Request to: Anaheim Police Department East Station — Homeland Security Bureau Attn: Lisa Navarro, Grunt Coordinator 425 S. Harbor Blvd. Anaheim, CA 92805 Agency /City Requesting Reimbursement O "is is the final reimbursement request Santa Ana Police Department Attn: Sgt. Enrique Cspana, Grant Coordinator 60 Civic Center Plaza P.O. Host 1981 Santa Ana, CA 92702 Total Amount Requested: S (Attach copies of supporting invoices) Under penalty of perjury, 1 certify that: • 1 am an authorized officer of the claimant herein. • This claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grunt conditions and assurances. • All attached invoices for items and /or services have been received in full. s 4 s fiAt (lli4rticdaA�ii'��L..:w��3 Printed )Jame Number Title E,Atdr Address Mailint Address Far Xwnba City. State, Gip Code swwure nYc (Plcasc sign in blue InQ For Annhetm/Santo Ana UASt Crunt Coordinator Use Onl Approved for Procestin pate Request Tracking Number. Account M: Cront- UASI rant Project: I Solution Sp ecial InstructionComme 42 i0 � C& of Newport Beach • NO. BA- OBBA -064 BUDGET AMENDMENT 2007 -08 AMOUNT: ba7,315.as EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the follovring: To increase expenditure appropriations and revenue estimates to accept 2007 UASI transfer agreement training funds to be utilized for reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency personnel. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 1820 48665 EXPENDITURE APPROPRIATIONS (3603) Description Description PD Support Svcs - 2007 UASI Training Grant Description Division Number 7014 Misc & Studies Account Number C8002010 2007 UASI Training Grant Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Fmanci # Approval: Signed: Services Director City Manager Amount Debit Credit $47,315.46 $47,315.46 Date ." 0 y DatW Signed: City Council Approval: City Clerk Date