Loading...
HomeMy WebLinkAboutC-4937 - Agreement to Transfer Property or Funds for 2010 Homeland Security Grant Program Purposes1. 2 3 4 5 6� 7E 8� 9 £0 11 12 13 14 15 16 17 18 19 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 r 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' 28 j CrDA; 97,067 j H'omaland Security Grant Program j Dep ar6.neut of Homeland Security Page i of 4 1 2 3 4 5 6 7 8 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 i 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 21 3 4 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. 28 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. Page 1 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 Page 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 4 d Page 7 _ _ t In ' s 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/�. S L6.4 r fcg� sat mm—WV 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 1. 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 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 2 3 4 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 1 2' 3 4 5 6 7 8 9 10 11 12 13 14' 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 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 ..Pages