HomeMy WebLinkAboutC-4937 - Agreement to Transfer Property or Funds for 2010 Homeland Security Grant Program Purposes1.
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AGREEMENT TO 'IN-S NSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this 1:3 day of fLjj-kV,'_ 201j_, which
date is enumerated for peuposes of reference only, by and between the COUNTY' OF ORANGE, a
political subdivision of die State of California, hereinafter referred to as "COUNTY ", and
0 Op. 1&ack
._. -, a (municipal corporation /special districtlnot-for-
profit corporation), hereinafter referred to as "SUBGRANTER"
WHEREAS, COUNTY, acting through its Sheriff= Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a giant
from the State of California, acting through its California Emergency Management Agency, to enhance
county -wide : raorgency preparedness, hereinafter referred to as "the grant", as set forth in the grant
documents that are attached hereto as Attachments A (FY 10 CA Supplement to Federal Program h
Guidelines), B (2010 Homeland Security Gant Programs) and C (FY 10 Grant Assurances) and V
incorporated herein by reference. 9
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that w111 be transferred to SUBGRANTEE to be used for grant
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
20 l' 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
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21 1 specified in Attachment B berate, which is incorporated herein by reference. If the grant requires
22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
23 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
24 after acquisition by COUNTY as is reasonably practicable.
25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANITE shall use said
26 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
27 to perform, such other grant functions, if any, for which Attachments A, B and C permit SUBORA;` TEE'
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j CrDA; 97,067
j H'omaland Security Grant Program
j Dep ar6.neut of Homeland Security Page i of 4
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to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by ft=
authorized agent.
3. Throughout its useful life, SUBGRANTEE shalt use any equipment, technology or
services acquired with great funds only for those purposes permitted under the terns of the grant, and
hall make it avai able for mutual aid response.
d. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
grant funds from damage or destruction and shall provide regular maintenance and repairs for said
ment as are necessary, in order to keep said equipment in continually good working order. Such
9 maintenance and servicing shall he the sole responsibility of the SUBGRANTEE, who shalt pay for
10 aunerial and labor costs for any maintonance and repair of the said equipment throughout the life of the
11 said equipment.
12 S. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
14 technologies and/or serviocs.
l5 6. if equipment. acquired with grant funds becomes obsolete or unusable, SUSGRAlq'T'.EB
16 shall notify COUNTY of such condition. 8URGRANTT"EE shall transfer or dispose of grant - funded
17 equipment only in accordance with the instructions of COUNTY.
is 7. SUI3GRANTBE agrees to indemnify, defend and save harmless COUNTY and their
19 elected and appointed officials, officers, agents and employees from any and all claims and losses
20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
21 corporation furnishing or supplying work services, materials or supplies in connection with
22 SUBGRAMEE's use of grant- funded equipment, technology or services and SURGRA..NTE.i:'s i
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23 performance of this .Agreement, including Attachments A, B and C hereto, and from any and all claims
24 and losses accruing or nz -addug to any person, firm, or corporation who may be injured or damagad by
25 (SU'BGRANTEB in SUBGRANTEE'9 use ofgrant- funded equipment, technology or services and
26 SUBGRANTEE's performance ofthis Agreement, including AttachmenfsA, B and C hereto.
27 8. By executing tbis Agreement, SUBGRANTEE agrees to comply with and-be fully bound
28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shad notify COUNTY
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page2 of4
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: % '201)
APPROVED AS TO FORM:
COUNTY COUNSEL
By��--
Nicole A. Sims, Deputy
DATED: , 201
DATED:
ATTEST:
ity Clerk
DATED: %S , 2011
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
COUNTY OF , a pol'ti
subdivision of Ca 'ti
By
Sheriff-oroner
"COUNTY"
APPRO T FORM
Ci homey
SU]
Page 4 of 4
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immediately upon discovery that it has not abided or no longer will abide by any applicable provision
1 Attachments A,13 and C'aoruto_
9. StBGRANTEB aad COUNTY shall be suhject to examination and audit by the Slate
General with respect to ibis Agreement for a per_od of three years after i nal payment
5 f ereuuder.
G 10. No allcrativu or varialiuu of the Iemis of this Agreement Baal: be Valid unless made in
7 writing end signed by duty authorizod representatives of the pasties hereto, and no prat understanding or
8 I aVemunt not incorporates herein shall be binding on any of the parties herefo.
9 1l. SUBGRANTEE may not asaign this Agreement in whole or in part without tae axpro:s
10 written wnsnnr ofCOJNTY.
11 12, ro_ a period of three years after firal payment hereunder or until all claims related to ttis
12 Agreement are finally settled, wh'chover is later, SURGRANTEE shall preserve and maintain all
:3 dooumcrts, papers and records relevant to the wad: perfomtcd or property or equipment acquired in
:4 accordance "lint this Agreement, including Attachments A, B and C hereto. For the same time period,
15 SUBGR.<AN'1'EF shall make said documents, papers and records available to COUNTY and the agency
16 from which COUNTY receive" ameant funds or Their duly authorized representative(s), for exam nation,
17 copying, or mechanical reproduction on or off the preunises of SUBOXANTEE, upon request during
15 usual working hours.
19 13, SUBGRAr1 TPE shall provide to COUNTY all rose =ds and information recuested by
20 COUNTY for inclusion in quartorly reports and such other reports or records as COUNTY maybe
2I squired w provide to the agency from which COUNTY received grant funds or other persons or
22 agencies.
23 14. COUNTY may terminate this A6treement and be relieved of the payment of any
24 consideration to SUBGkA,,MB if a) SUBGRANTBE fails to po.fomt any of dnc covcnaws contained
25 in this Agreement, including Allackmaents A. B and C hetolo, at the time and in the matter herein
26 t provided, or b) COUNTY loses funding nnder the grant. In the event of termination, COLIN= may
27 proceed with the work in any manner deemed proper by COUNTY.
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CFAA: 97.067
I-- I0Mdand Security GrW Program
tkps+ unem ofkoaiCUW Sc.=Iuy Fika3oN
California Emergency Management Agency
FY20I0 Grant Assurances
(All HSGP Applicants)
Name of Applicant: ( t i kA QT 0
Address:
City: State: CA Zip Code: 'l D(P yU
Telephone Number: '�i %- Logi �l 310 1 Fax Number: !' y 3 Za S—
E-Mail Address:
As the duly authorized representative of the applicant, I certify that the applicant named above:
Will assure that grant funds will support efforts related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies.
2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA) and sub -granted through the State of California, California Emergency Management
Agency (Cal EMA).
Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between grant programs (for example: State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
fiscal years.
4. Will comply with any cost sharing commitments included in the FY2010 Investment
Justifications submitted to DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General of
the United States, the State of California, the Office of Inspector General, through any authorized
representative, access to, and the right to examine, all paper or electronic records, books, or
documents related to the award; and will establish a proper accounting system in accordance
with generally accepted accounting standards and/or awarding agency directives.
6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State
approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by
the Fusion Capability Planning Tool.
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7. Will provide progress reports, and other such information as may be required by the awarding
agency, including the witiai btrategy implementation Plan (ISiP) within 45 (forty -five) days of
the award, and update via the Grant Repnrting Toes (GRT) twice each year.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
9. Will maintain procedures to minimize the time elapsing botw= t the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHSXEN Aa codified regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to Slate anti Local
Governments, including the payment of interest earned oa advances,
11. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes, or presents the appearance ofd personal or organizational conflict of interest, or
porsonal gain for themselves or others, particularly those with whom they have family, business,
or other ties,
12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support tic
enaotment, ropeaf, modification or adoption of any law, regulation, or policy, at any level of
government, without the oxprcas prior writton approval from DFIS/PEMA /Cal BMA,
13, Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -
owned, women - owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
14. Will notify Cal EATA of any devetnp e.-ma that have a sigttificant impact 0 award- supported
activities, including changes to key program staff,
15, .W91 comply, if applicable, widt the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
structures.
16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimmation,
These include, but aro not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88 M), as amended, which prohibits
disexinaiwtion on the basis of race, color or national origin„
b. Title rX 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 sraorded (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 I972 (PS,. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abase.
f. Thu Comprvhonsive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rebabilitatiou Act: of. 1970 (P .L 91- 616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
g. §§ $23 and 527 of the Public I3ealth Service Act of 1912 (42 U.S.C. 290 dd -3 and 290
co-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. § 360I et seq), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statutes)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a duo process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient wfll forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
I. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award_
ma. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Ogee of Justice Programs Financial and Administrative Guide for Grants, M7100,1.
17. Will comply with the requirements of Titles R and Ill of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of I970 (42 U,S.C, § 4601 et seq, [P-L. 91 -646]) which
provides for fair and equitable treatment ofpersons 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 forprojeetpurposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally - assisted programs.
18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
19. Will comply with all applicable Federal, State, and Local onvironmentai and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local M-2 requirements
and obtain applicable peratits may jeopardize Federal funding. Will comply with ail conditions
placed on any project as the result of the EHP review, any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements,
20. Agrees not to undertake any project having the potential to impact the EHP resources without the
Prior written approval of DHS/FEMA/CaI .EMA, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, and purchase and/or use of any sonar equipment, The subgrantce must
comply with all conditions placed on the project as a result of the EHP review. Any coustmoiion-
related activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA
funding. Any change to the scope of work will require re- evaluation of compliance with the
EHP. If ground- disturbing activities occur during the project implementation, the subgrantee
must ensure monitoring of the disturbance. If anypotential archeological resources are
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dimoverad, the subgrentee will immediately oeaso activity is tbatnnea and notify
DHMMA/Cal EMA and the approprunc StatcHistoric Preservation Office,
21. Will ensure that tte facilities undwits ownership, lease or supervision. which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)
List of Violating Facilities, and till notify Cal JWA and the Federal Wantor agency of the
receipt of any aommunieation from the Director of the EPA Office of Federal Aetivides
indicating if a facility to be used in the ptt?leot is under consideration for listing by the EPA.
22. Will provide any information requested by DHS1FEU&I d EMA to ensure compliance with
applicable laws, including the following:
a. 1nStitution of eavironmental duality control measures under the National Environmental
Policy Aet, National FPrstorical Preservation Act, Arahmologicat and flistoric
PreservaticnAct, Endangered Species Act, and Executive Orders on Floodplains
(11988), G@atlands (11990) and Environmental Justice (E012898) and Environmental
Quality (EO i 1514).
b. Notification of violating facilities purauautto EO 1173$.
c. Asswanee of project consistency with the approved state management, program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.),
d. Conformity of Federal actions to State (Clam Air) implementation Plans under Section
176(0) of the Clcun Air Act of 1955, as amended (42 U.S.C. § 7401 of acq).
e. Protection of tmderground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (PS,. 93 -523),
t. ( Mliibrria Environmental QualityAct (CEQA). Cali omit Public Resources Cods
Soctiom 21090- 21098. CulifomiaCode ofRcgulationa, Title 14, Chaptor3 Section
15000-M07.
g. Wild anti Secnie Rivers Act o_,'1968 (16 U.S.C. §§ 1271 ot.seq.) related to protecting
components orpotential components of the national wild and scenic rivers syatctn.
It. Applioablcprovisfons of the Coastal Darricr Rasoumos, Art (P.L. 97 -348) dated October
19, 1982 (16 USC 3501, of seq.) which prohibits the expenditure of most new Federal
fluids ,within the units of the Coastal Barrior Resources System.
23. Will comply with Standardized Emergency Management System (SL+MS) rcyuirements as stated
in the Califonria Emergency Services Act, Government Code Chapter 7 ofMvision 1 of Title 2,
Section 9607.1(x) and CCR Title 19, Sections 2445, 2M46, 2$47, and 2448.
24. Agrees that all publications created or published with frutding under this grant shall prulWacutly
contain the following statement "77rta dncart eat uas prepare t urv/eragrmrtjrom FF.hf4 e
Grcurt Prwgrarrs Direuurade,
U.S. Deyur meat ujHumelund S&cutzty. Points ajteewur opi trans
exlnrr.csed i t tlrir dncrtarenl are those of t1 v. nutnars and la oat necessm zly represent the e tat
pasittun or policiew r fFEEfrl's Qrant Progrcaw &recI9rate or the U..S. Department of
f3omdand Sem»rity. " The recipient also agrees that; whenpmeticabie, any equipment purchased
with grant funding shall be promiuc witty marked as follows: ' Furahased wdlh finds prayidded by
Me U.S. Di Parwwnt ofHom2land Sect ri0t "
)5. Acicrowledges that DHSIFRNIA reserves a royalty -free, nonexclusive, and inevo; able license to
renroclum, publish, e.. otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an aw" orsub- awardi and h) any rights
of copyright to which a recipient or sub- recipient purchases ourrersbip with Federal support.
. Pena A .. •�_
26. The reoipient agrees to consult with DFISIFEMA/CaI EMA regarding the allocation of any patent
rights that arise from, or are purchased Nvith, this funding.
27. Has requested through the State of California, federal inancial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following-
a. Promptly return to the State of California all 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 redcral Fiscal Year.
28. Will comply with the Intergovormnettttal Personnel Act of 1970 (42 US 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 of OPW s Standards for a Merit System of
Personnel Administration (S C.FX 900, Subpart r ).
29. Will comply with provisions of the 14atchAct( 5U.S.C. Sections 1501- 1509 and ';324 -7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part ydth Federal funds.
30. Will comply, if applicable, vrith P.L. 93 -348 regarding the protection of human subjects involved
in research, development, aW related activities supported by this award of assistance.
31. Will comply, if applicable, with the Labomtory Animal Welfare Act of 1.966 (P. L. R9 -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.
32. Will comply with the minimum wage and maximum hour provisions of the federal Fair tabor
Standards Act (29 U.S.C. 201), as they apply to cmploycos of institutions of higher education,
hospitals, and ether non - profit organizations.
33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S,C. Section 276a
to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U:S.C. Sections 874), and the
Contract Workllours and Safety Standards Act (40 U.S.C, Sections 327 -333), regarding tabor
standards for Federally - assisted constriction sub - agreements.
34. Agrees t:iat:
a. No Federal appropriated funds have been paid or wilt 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 cmployce of a Member of Congress in connection with the making of any Federal
gtattt, the entering into of any cooperative agreement, end the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. If any other funnds than Federal appropriated funds have been paid or will be paid to any
person for influencing or allemp ft 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 shalt complete and submit Standard Form LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
c. The undersigned shall wire 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 ofdact 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
3I, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
35. Agrees that equipment acquired or obtained with grant hinds:
a. Will be trade available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in.the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
36. Agrees that funds awarded under this grata will be used to supplement existing funds for
program activities, and will not supplant (replace.) non - Federal funds.
37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A 102 and A -133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
38. Will comply with all provisions of 2 CPR, including: Part 2I5 uniform Administrative
Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, and
Other Dion- Profit Organizations (OMB Circular A -110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A -87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A -21); Part 230 Cost Principles for Non -profit Organizations (OMB
Crcular A -122).
34. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990,
40, Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, im:luding, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement
41. Will comply with Federal Acquisition Regulations ( FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
41 Wilt comply with the financial and administrative req unements set forth in the current edition of
the DI4S Financial Management Guide.
43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2610 Homeland Secinity Grant Program Guidance and Application Kit, and the California
Supplement to the PY 2010 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use ofgrant funding must support the goals and objectives included in the State and./or-Urban
Area homeland Security Strategies as well as the investments identified in the lavestmont
Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application, Further, use of FY 10 irmds.is limited to those investments included in the
California FYIO- Investment Justifications submitted to DES/FBNWQI EMA and evaluated
through the peer review process.
44. , Will not make any award or permit any award (subgrant or contract) to any party vxUch is
debarred or suspended or is otherwise excluded f om or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension ".
45. As required by Executive Order 12544, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a The applicant certifies that it and its principals;
i, Are netpmsrnntty debarred, suspended, proposed for deba'meut, 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.
ii. 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
emb=lement, theft, forgery, bribery, falsification or destruction of records, .
making false statements, or receiving stolen property,
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this oertification; and have not within
a three -year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default and
b. Where the applicatt is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application,
46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug -free workplace by,
a. Publishing a statement notifying employees that the unlawful manufacture; distribution,
dispeusing, 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 probibitiort
b• Establishing an on -going drug -free awareness program to inform employees about,
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any avdilabie drug counseling, rehabilitation, and employee assistance programs;
and
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iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
i. Abide by the terms of the statement; and
ii. 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.
i. 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
ii. 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).
47. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
48. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents tha
agreement for and on behalf of
Signature of Authorized Agent:
Printed Name of Authorized Al
Title: ✓11 �V1 -�
Page 8
;r into this
CITY OF +BEACH
�gWPpRT n
p� e SEI' 13 20011
NEWPORT BEACH
FoaH'" City Council Staff Report Agen a e
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Michael Morgan, Interim Fire Chief
949 - 644 -3101, mmorgan @nbfd.net
PREPARED BY: Katie Eing, Emergency Services Coordinator
APPROVED: sJ: -: �
TITLE: APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY
GRANT PROGRAM TRANSFER AGREEMENT
ABSTRACT:
In order for the City of Newport Beach to receive future expenditures from the FY10
Homeland Security Grant Program (HSGP), we must establish a transfer agreement
between the City and the Orange County Sheriff's Department.
RECOMMENDATION:
Adopt Resolution No. 2011 -_ approving the Transfer Agreement for Fiscal Year 2010
Homeland Security Grant Program purposes ( "Transfer Agreement ") and authorizing
the Police Chief, the Fire Chief, and City Manager to act as the "Authorized Agents" to
execute for and on behalf of the City any actions necessary to implement the Transfer
Agreement and obtain federal financial assistance provided by the Federal Department
of Homeland Security and sub - granted through the State of California.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Orange County Sheriffs Department, acting on behalf of the Orange County
Operational Area, has requested that the City Council approve the Transfer Agreement
Letter for the Fiscal Year 2010 Homeland Security Grant Program funds. The Transfer
Agreement Letter includes:
1. Agreement to Transfer Property or Funds for the 2010 Homeland Security Grant
Program Purposes. This Agreement requires the signature of an "Authorized
APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM TRANSFER
AGREEMENT
September 13, 2011
Page 2
Agent" and the City Clerk and approval as to form the Office of the City Attorney.
This Agreement encompasses the following grant programs:
a State Homeland Security Grant Program (SHSP)
a Metropolitan Medical Response System (MMRS)
2. FY 10 California Supplement to Federal Program Guidelines.
3. Attachment B —Approved Project Descriptions.
4. Governing Body Resolution - This document requires execution by the City
Council naming one to three authorized agents. Authorized agents are allowed
to sign documents on behalf of the City.
5. Office of Homeland Security Grant Assurances — This document requires the
signature of one of the authorized agents named in the Governing Body
Resolution.
Three (3) original documents are to be returned to the Orange County Sheriff's
Department after signature.
Funding from this grant will allow the County and all cities in the County Operational
Area to acquire the following:
1. Strengthen Communication Capabilities - This project remediates five (5) gaps
identified in the Operational Area interoperable communications. These include:
1) Operational Area Radio Expansion and Upgrade
2) WebEOC Enhancements
3) EOC Communications Coverage Enhancement
4) Regional Command Vehicle (Fire)
5) Regional Command Vehicle (Law)
2. Oil Spill Annex Revisions
3. Laser, High Definition, 3D, Scanning System
4. Strengthen Information Sharing, Collaboration Capabilities, and Law
Enforcement Investigations
5. Strengthen Medical & Public Health Preparedness
6. Secure Strategic National Stockpile Warehouse
7. Enhance and increase citizen preparedness and training volunteers for
emergency response and recovery
8. Enhance Statewide training and exercise programs across all mission areas
within California
9. Homeland Security Exercise, Evaluation, and Training
APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM TRANSFER
AGREEMENT
September 13, 2011
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California.
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Michael Morgan
Interim Fire Chief
Attachments: A. Transfer Agreement Letter
B. Council Resolution
SHERIFF - CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA SANDRAHUTCHENS
SHERIFF- CORONER
r
June 2, 2011
Dear Sir or Madame:
The Ornge County SheriffCorener Department (Shwiff s Department), acting on behaI€ of the
Orange County Operational Area, has received authorization to begin spending of FYI Homeland
Security Grant program ("HSGP ") funds. These funds include:
StatoHomeland Security Grunt Program (SHSP), and
Metropolitan Medical Response Systems (MRS)
In order to reimburse you for any foture expenditures you maybe approved for relating to the FYI O
HSGP, we need to establish a transfer agreement between our agencies. For this purpose, enclosed
please finds CD contaiiiing the Agreement to Transfer Property or Funds for 2010 Homeland
Security Grano Program ("Agreement"), along with attachments A, B and C. Below is abrief
description of the components of Owe Agreements and needed actions associated with them:
Please return the following to my attention at rho address below:
o Three (3) completed copies of the agreement, including assuranees;
a Copy oftravelpolicy;
a Copy of purchasing policy; and
a Documentation ofNIMS compliance.
28" SANTIAGO CANYON ROAD, Sa.VERADO, CA a38264710 (7141 On -1055
__ 4nt,�stit�wNAeutoor,�aeanLn.$wl— ass- Y...dlw L La Mlx toaaa afda/�.
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Transfer Agreement, plus attachments
Please have your authorized agent sign page
4o£ the Agreement
Please have your City Clerk sign and seat
page of the A meent
Attacdunent A: FY10 Califoxn'ta Supplemem
_
Included for reference
to Federal Program Guidelines
Attachment B: Approved Project
Included for reference
Descriptions
Attachment C: MO Grant Assurances
Please have your authorized agent sign
Governing Body Resolution (sample in
Provide a copy ofyour Governing Body
attaclunattA pw 2-1
Resohion
Please return the following to my attention at rho address below:
o Three (3) completed copies of the agreement, including assuranees;
a Copy oftravelpolicy;
a Copy of purchasing policy; and
a Documentation ofNIMS compliance.
28" SANTIAGO CANYON ROAD, Sa.VERADO, CA a38264710 (7141 On -1055
__ 4nt,�stit�wNAeutoor,�aeanLn.$wl— ass- Y...dlw L La Mlx toaaa afda/�.
S L6.4 r fcg� sat mm—WV
i
i
Page 2 of
June 2y 2QI i
Pleasc retain one complete copy ofthe submission far you records, Upon receipt of the
agreements, the Srioriff will prmide the final sigttatwe and we will return an original, fully -
executed agrectamt to you.
I
If you have, any questions or need additional fufot7 r,60n, ple54e contact me ut
man&mon*csd.org or 714-628-71,58,
Sinewely,
Micholls Anderson
Assismut mergvncyManagcr, homeland Se�veity lliv siau
orange County Sheriff's Department
2644 Santiago Canyon Road
Silverado, CA 92675
RESOLUTION NO. 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING THE TRANSFER AGREEMENT FOR FISCAL YEAR 2010 HOMELAND
SECURITY GRANT PROGRAM PURPOSES ( "TRANSFER AGREEMENT ")
BETWEEN THE CITY AND THE COUNTY OF ORANGE AND AUTHORIZING THE
POLICE CHIEF, THE FIRE CHIEF, AND CITY MANAGER TO ACT AS THE
"AUTHORIZED AGENTS" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS
NECESSARY TO IMPLEMENT THE TRANSFER AGREEMENT AND OBTAIN
FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT
OF HOMELAND SECURITY AND SUB - GRANTED THROUGH THE STATE OF
CALIFORNIA.
WHEREAS, the City of Newport Beach ( "City) has partnered with the County of
Orange ( "County ") and other cities located within the County to participate in the Fiscal
Year 2010 Homeland Security Grant. The City of Newport Beach has requested
property available to it under this grant that will be used for the public safety of its
citizens.
WHEREAS, the Orange County Sheriff's Department is the administrator of the
Fiscal Year 2010 Homeland Security Grant. The City is required to sign a Transfer
Agreement Letter and the Homeland Security Grant Assurances. The Sheriffs
Department requires the naming of one to three authorized agents from within the City
to sign these documents on behalf of the City.
NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City
of Newport Beach:
Section 1: Approve the Transfer Agreement for Fiscal Year 2010 Homeland Security
Grant Program purposes ( "Transfer Agreement ") between the City and the County
attached hereto as Exhibit 1.
Section 2: Authorize the City Manager, Police Chief, and Fire Chief to act as the
"Authorized Agents" to execute on behalf of the City any actions necessary to
implement the transfer agreement and obtain federal financial assistance provided by
the federal Department of Homeland Security and sub - granted through the State of
California.
Section 3: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
Adopted this 13th day of September, 2011.
LIFA
ATTEST:
CITY CLERK
Attachment: Exhibit 1
EXHIBIT 1
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AGREEMENT TO TFUMNSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this _13 day of �p P a� k)Q C 2411, which
date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter referred to as °COUNTY "' and
11 P.0 len�7 f liP a In a (municipal corporation /special district/not-for-
profit corporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff - Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
from the State of California, acting through its California Emergency Management Agency, to enhance
county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant
documents that are attached hereto as Attachments A (NY 10 CA Supplement to Federal Program
Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) and
incorporated herein. by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment; technology or services that will be transferred to SUBGRANfBE to be used for grant
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
spocified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
titer acquisition by COUN'T'Y as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRMNTEE shad use said
�Iaat funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
o perform such other grant fiauotions, if any, for which Attachments A, B and C permit SUBGRANT..EE
TDA: 97.041
Giant Program
eland Security
Page I of
R
I. to expend pant funds. SUBGRANTEE shall provide COUNTY with abudget breakdown signed by the
2 authorized agent -
3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and
5 shall make it available for mutual aid response.
6 4. SU13GRANTEE shall exercise due care to preserve and safeguard equipment acquired
7 with grant funds from damage or destruction and shall provide regular maintenance and 'repairs for said
8 equipment as am necessary, in order to keep said equipment in continually good working order. Such
9 maintenance and servicing shrill be the sole responsibility of the SUBGRANTEE, who shall pay for
10 material and labor costs for any maintenance and repair of the said equipment throughout the lire of the
11 said equipment.
12 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
13 and/or services to include but not limited to upgrades, licenses and xenewals of said equipment,
14 technologies and/or services.
15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
16 shall notify COUNTY of such condition. SU13GRANTEE shall transfer or dispose of grant -faded
17 equipment only in accordance with the instructions of COUNTY.
is 7. SUBGRANTBE agrees to indemnify, defend and save harmless COUNTY and their
19 elected and appointed officials, officers, agents and employees from any and all claims and losses
20 accruing or resulting . to any and all contractors, subcontractors, laborers, and any other person, firm or
21 corporation furnishing or supplying work services, materials or supplies in connection with
22 SUBGRANTEE's use of grant - funded equipment, technology or services and SUBGRANTEE's
23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims
24 and losses seeming or resulting to any person, firm, or corporation who may be injured or damaged by
25 SUBGRANTEE in SUBGRANTEE's use of grant- funded equipment, technology or services and
26 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto,
27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUILM
CFDA: 87.067
Homeland Security GrautProgram
Deparuuent ofHomoba dSecurity Page of
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immediately upon discovery that it has not abided or no longerwill abide by any applicable provision
I Attachments A, B and C hereto.
9. SLBGRANTEE and COUNTY shall be subject to exantinalion and audit by the $rate
Genesal with respect to this Agreement for a perod of three years after final payment
5 hereunder.
G 10. No an' ra vu 'Jr varia(iuu of the retuts of this Agreement seal: be valid unless made it
7 writing art signed by duly authorized representatives of the pa ties hereto, and no oral understanding of
8 agreement not incorporated herein shall be binding on any of the parties hereto,
9 11. SLBGRANTEE may not assign. this Agrcemern in whole or in part without tao expres,
10 Written amsnnt of COUNTY.
11 12. Fo_ a period of three years after final payment hereunder or until all claims related to tais
12 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain. all
3 documents, papers and records relevant to the work performed or property or equipment acqui -ed in
:4 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
15 SUBGRAINTEE shall make said documents, papers and records available to COUNTY and the agercy
16 from which COUNTY received grant funds or their duly authorized repreeentativ (s), for examination,
17 copying, or mechanical reproduetiou on or off the premises of SUBGRAiNTEE, upon request during
18 usual wort ng hours.
19 13. SUBGRANTEE shall provide to COUNTY all reco_ds and information recuested by
20 COUNTY for inclusion in quraT=ty reports and such other reports or records as COUNTY may be
21 roquisetf w provide to the agerxy from which COUNTY received grant fiuuis or other persons or
2 agencies.
23 I4. COUNTY may tenninate this Agreement and be relieved of the paymeat of any
24 consideration to SUBGk,4 -N 'EE if a) SUBGRANPEE fails to pcfann any of the covenants contained
25 in this Agreement, ineluding Anacbments A. B and C hereto, at the time and in the matter herein
26 provided, or b) COUNTY loses funding tinder the grant. in the event of termination, COUNTY may
27 proceed with the work in any manger deemed proper by COUNTY,
28
CFAA. 47.067
Romeland Security Grant Prow=
MParuuear o!1_uuielaad Security Pup 3 or4
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and. C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN 117ITNESS NVHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED:
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole A. Sims, Deputy
DATED: 201_
I DATED:
ATTEST:
By
City Clerk
DATED:
201
CFDA: 97.067
Homeland Security Grant Program
Department. of Homeland Security
201_ COUNTY OF ORANGE, a political
subdivision of the State of California
By
Sheriff-Coroner
"COUNTY,
SUBGRA.NTEE
M
Page 4 of 4
Name of.
Address:
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
City: nP.t oc+ geack State: 04 Zip Code: V(pSg
Telephone Number: Fax Number.. 9`t%
7. Will provide progress reports, and other such information as maybe required by the awarding
agency, including tha Initial Strategy lmplerncntation Plan (ISIP) within 45 (forty -five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
9, Will maintain proccdurea to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHS/FEMA'a codified regulation 44, Part 13, Uniform.
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, including the payment of interest earned on advances-
IL Will establish safeguards to prohibit employees from using dmir positions for a purpose that
constitutes, orpresents the appearance of, personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family, business,
or other ties.
12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment; repeal, modification or adoption of any law, regulation, or policy, at any level of
goveminent, without the express prior written approval fiorn DIIST- EMA/Cal BMA.
13. Agrees that, to the extent contractors or subcontractors are udUed, will use small, minority -
owned, women- owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
14. Will notify Cal EMA of any developments that havea significant impact on award - supported
activities, including changes to key program staff.
15. Will comply; if applicable.. with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint is construction or rehabilitation of
structures,
16. Will comply with all Federal and State 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 -3152), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title DC 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 arneeded (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 Thug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. Tho Comprehensive Alcohol. Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91 -6I6). as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
f/
. Page 2 _ - Tnitrsi
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 find 290
co-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 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statnte(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or S Lute court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
1. Will provide an Equal Employment opportunity Plan, ifapplicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1,
17. Will comply with the requirements of Titles II and Ill ofthe Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L_ 91 -646)) which
provides for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally assisted programs. These requirements apply to all interested in
real property acquired for project purposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally- assisted programs.
18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
19. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits mayieopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope ofwork of a
project will require reevaluation of compliance with these EHP requirements.
20. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DRS/FEMA/Cal EMA, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, and purchase and/or use of any sonar equipment. The subgrantee must
comply with all conditions placed on the project as a result of the EHP review. Any construction -
related activities initiated without the necessary EHP review and approval will result in a
noncompliance fording, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA
funding. Any change to the scope of work will require rc- evaluation of compliance with the
ET.3P. If ground- disturbing activities occur during the project implementation, the subgrantee
must ensure monitoring of the disturbance. If any potential archeological resources are
discovered, the subgrsnteo will immod:ately cease activity in thatarea and notify
DRStMMA/Cal BMA and the appropriate State Historic Preservation Office.
21. Will ensure that t1.e facilities under its ownership, lease or sut:ervision -which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPA$)
List of Violating Facilities, and trill notify Cad EMA and the Federal Uiantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used ht the project is under consideration for listing by the EPA.
22. Will provide any information requested byDHSIFEM.A(Cal EMA to ensure compliance with
applicable laws, including the following:
a, lns*.itution of environmental quality control measures under the National Environmental
Policy Aet, National Historical Preservation Act, Archaeological and Historic
PreeservationAct,'Endangered Species Act, and Executive Orders on Floodplains
(11988), R'eflands (11990) and T'nvironmental Justice (EO12898) and Environmental
Quality (EO i 1514).
b. Notification of violating facilitieapurneurttoE011738,
e. Asswanee of project consistency with Gee approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.).
d. Conformity of Federal. actions to State (Clean Air) Implementation Plans under Section
176(0) of the Clean Air Act of 1955, as amcmdcd (42 U.S.C. § 7401 ct scq.).
e, Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (PJ.. 93 -523).
E California Environmental Quality Act (CEQA). California Public Resources Code
Soctiom 21060 - 21098. California Code of Regulations, Title 14, Chapter 3 Section
ISUM- 1500 "1.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting
components orpotential components of the national wild and scenic rivers system.
It. Applioableprovisions of the Coastal Darricr Rcsources Act (P.L 97 -343) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure o£most new Federal
funds within fine units of the Coastal Barrier Resources System.
23. Will comply with Standardized Emargency Managemertt System (SLIMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(c) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
24. Agrees that all publications created or published with funding under this great shall prominently
contain the following statement: 'YW.vdo mi twaspreparedunderagranifromFF .il34h
firanl Prngrvrrs Directorate, U.S. Department ajHamelaad Security. Poinis ofuew or opWaas
expnesved in thirdoaatteutt are thnce of the authors and do not necessarily represent the off Wal
vosilim or policies ofFEAM's Grant Programs Directorate or the U.S. Department of
Homeland Security." The recipient also agrees that whenpraeticable, any equipment purchased
with grant funding shall be prominently marked as follows: `Purtfiwed with ftards prorided Lv
the US. Dgwlm,eni of Home land Seerrii ,. "
25. . Acknowledges that DHSIFF.,MA reserves a royalty -free, nonexclusive, and irrevocable license to
repmduce, publish, ur otherwise use, and authorize otltors to use, for Federal government
purposes- a) the copyright in any work developed nudes an award or sub- award; and b) any rights
of copyright to which a recipient or sub - recipient purchases ownership with Federal support.
Pane, lr&iaV/ �
26. The recipiont agrees to consult with DHS.TEMA/Cal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
27. Has requested througa the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following_
a. Promptly return to the State of 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 S 100 per Federal Fiscal Year,
28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteca
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (S C.F.R. 900, Subpart 1• ).
29. Will comply with provisions of the Hatch Act (5U.S.C. Sections ISoI -1508 and 7324 -7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
30. will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
31. Will romply, if applicable, with the Lsrhormory Animal Welfare Act of 1966 (P. L 59 -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.
32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor .
Srnndml is Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals; and ether non -profit organizations.
33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C_ Sections 874), and the
Contract WOrkHours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor
standards for Federally- assiated construction sub - agreements.
34. Agrces that-
a. No Federal appropriatod fiords have been paid or will be paid, by or on behalfofthe
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
au eraPloyce of a Nfcmber of Congress in connection ajth 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 }lands have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee ofany agency, a
Member of Congress, an officer or an employee of Congress, or employee of Member
Pages Isritia
of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying
Activities," is 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 act 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.
35. Agrees that equipment acquired or obtained with grant finds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
varieus fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction ofthe applicant, and deployed with
personnel pained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
36. Agrees that funds awarded under this giant will be used to supplement existing funds for
program activities, and will not supplant (replace) non - Federal funds.
37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A -133, E.Q. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
39. Will comply with all provisions of 2 CFR, including: Part 2I5 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMI3 Circular A -110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A -67); Part 220 Cost Principles for Educational
histitations (OMB Circular A -21); Part 230 Cost Principles for Nan -Profit Organizations (OMB
Circular A -122).
39. Will comply with Subtitle A, Title If of the Americans with Disabilities Act (ADA) 1990.
40. Agrees to cooperate with.any assessments, national evaluation efforts, w information or data
collection requests, including, but not limited to, the provision of any information repaired for
the assessment or evaluation of any activities within this agreement.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in the cutrent edition of
the DHS Financial Management Guide.
Initials
43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2010 Homeland Security Grant Prograin Guidance and Application Kit, and the California
Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application. Further, use of FY 10 funds is limited to those investments included in the
California FYI 0 Investment Justifications submitted to DES /FEMA/Cal EMA and evaluated
through the peer review process.
44. . Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension ".
45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CPR
Part 17, for prospective participants in primary covered transactions,
a. The applicant certifies that it and its principals:
i. Are not presently dcbmTcd, suspended, proposed for dcbaiment, 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
ii. Have not within a throe -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 autit irststatutes or commission of
emba- Mement, fheti, forgery, bribery, falsification or destruction of records, .
making false statements, or receiving stolen property.
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certifcatiou; and have not within
a three -year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b.. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
46; Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
contimoa 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
woftlace and specifying the actions that will be taken against employees for violation of
such prahibitiott_
b. Establishing an on -going drug- free awareness program to inform employees about-
i. The dangers of drug abuse in the workplace;
ji. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug munseling, rehabilitation, and employee assistance programs;
and
Page 7 .. to
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. Making it a requirement that each employee tc be engaged in tha performance of the
grantbe 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
L Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her onviction 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 eonvicted 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_
£ Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring sachcmploycc to participate satisfactorily in a drug abuse assisranec or
rehabilitation program approved for suchpurposes 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), (e), (d). (e), and (Q.
47. Will comply with all applicable requirements ofall other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements govemiug ibis program.
48. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the, said applicant.
Signature of Authorized
Printed Name of Authori
Title: I
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