HomeMy WebLinkAboutC-5389 - FY 2012 UASI Grant ProgramAGREEMENT
City Contract Number ' 192 ° "
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Section Description
TABLE OF CONTENTS
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INTRODUCTION
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§101. Parties to the Agreement 3
§102. Representatives of the Parties and Service of Notices 3
§103. Independent Party 4
§104. Conditions Precedent to Execution of this Agreement 4
§201. Time of Performance
§202. Use of Grant Funds
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§301. Payment of Grant Funds and Method of Payment 8
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§401.
Construction of Provisions and Titles Herein
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§402.
Applicable Law, Interpretation and Enforcement
9
§403.
Integrated Agreement
9
§404.
Excusable Delays
9
§405.
Breach
10
§406.
Prohibition Against Assignment or Delegation
10
§407,
Permits
10
§408.
Non Discrimination and Affirmative Action
10
§409,
Bonds
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TABLE OF CONTENTS
Section Description
§410. Indemnification
§411. Conflict of Interest
§412. Restriction on Disclosures
§413. Statutes and Regulations Applicable to All Grant Contracts
§414. Federal, State, and Local Taxes
§415. Inventions, Patents and Copyrights
§416. MBEM/BE
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DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS
§501. Defaults
§502. Amendments
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ENTIRE AGREEMENT
§601. Complete Agreement
§602. Number of Pages and Attachments
Execution (Signature) Page
EXHIBITS
Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit B Certification Regarding Lobbying
Exhibit C Grant Assurances
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Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR
FOR FY2012 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this 16th day of January, 2013, by and
between the CITY OF ANAHEIM, a municipal corporation (the "CITY "), and CITY OF
NEWPORT BEACH (the "SUB- RECIPIENT' or "Contractor ").
WITNESSETH
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity
as a Core City for the Anaheim /Santa Ana Urban Area under the FYI Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2012
Urban Areas Security Initiative" from the federal Department Of Homeland
Security(DHS) Federal Emergency Management Agency (FEMA), through the State of
California Emergency Management Agency (CalEMA), to enhance countywide
emergency preparedness (the "grant "), as set forth in the grant guidelines and
assurances that are incorporated to this Agreement by reference and located at:
"U.S. Department of Homeland Security "Fiscal Year 2012 Homeland Security Grant
Program (HSGP) Funding Opportunity Announcement (FOR)"
httt): / /wwyu >.feina. ovlp( f /gc)vemment /grant /2012/fy -t? tsgt foa�df
California Emergency Management Agency "FY2012 Homeland Security Grant Program:
California Supplement to Federal Program Guidance and Application Kit'
HazMat /Documents/ Forms/ Al lltems. aspx? RootFolder =%2fems %2dhs %2dhazmat %2fdg
uments% 2fhsgp% 2f12& FolderCTID= Ox0120006A354236AB42C94392941414E26E15D2
Copies of the grant guidelines shall be retained in the Anaheim /Santa Ana
Grant Office,
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM
( "CITY ") and is overseen by the California Emergency Management Agency ("Cal -
EMA"); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Anaheim /Santa Ana Urban Area ( "ASAUA") consists of 34 cities
in Orange County, including the City of Anaheim and the City of Santa Ana, the County
of Orange, including the unincorporated area of the County of Orange, Santa Ana
Unified School District Police, California State University, Fullerton, University of
California, Irvine, Municipal Water District of Orange County, and the Orange County
Fire Authority; and
WHEREAS, the Office of Grants Management ( "OGM ") awarded a FYI UASI
Grant of $3,697,738 ( "Grant Funds ") to the CITY OF ANAHEIM, as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Anaheim Police Department, Emergency Management Bureau ( "UASI Grant Office ")
to provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FYI UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement ") to
CITY OF NEWPORT BEACH ( "SUB- RECIPIENT ") and others;
WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this
Agreement as authorized by the City Council and the City Manager which authorizes
the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 8201 East Santa
Ana Canyon Road, Anaheim, CA 92808; and
B. CITY OF NEWPORT BEACH, a municipal corporation, 3300 Newport Beach,
Building B, Newport Beach, CA 92663
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications
shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise
stated in the Agreement:
Dave Vangsness, Lieutenant
Anaheim Police Department
Emergency Management Bureau
425 South Harbor Boulevard
Anaheim, CA. 92805
Phone: (714) 765 -3879
Fax: (714) 765 -3805
dvangsness@anaheim.net
2. The representative of CITY OF NEWPORT BEACH shall be:
Katie Eing, Emergency Services Coordinator
CITY OF NEWPORT BEACH
3300 Newport Beach, Building B, Newport Beach, CA 92663
Phone: (949) 644-3109
E -mail: keing @nbfd.net
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B. Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change.
SUB - RECIPIENT is acting hereunder as an independent party, and not as an
agent or employee of the CITY OF ANAHEIM. No employee of SUB - RECIPIENT
is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement,
and SUB - RECIPIENT shall so inform each employee organization and each
employee who is hired or retained under this Agreement. SUB - RECIPIENT shall
not represent or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the CITY OF ANAHEIM.
§144. Conditions Precedent to Execution of This Agreement
SUB - RECIPIENT shall provide copies of the following documents to the CITY OF
ANAHEIM, unless otherwise exempted.
A. Grant Assurances in accordance with section 415C of this Agreement attached
hereto as Exhibit C and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required
by Executive Order 12549 in accordance with Section 415Al2 of this
Agreement and attached hereto as Exhibit A and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit B and made a part
hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or
which materially affects the accuracy of the information contained in any
Disclosure Form previously filed by SUB- RECIPIENT.
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TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on January 9, 2013 and end on
March 31, 2014 or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB- RECIPIENT, equipment or services
purchased with grant funds and in accordance with grant guidelines set
forth above; or, b) reimburse SUB - RECIPIENT for purchase of authorized
equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines
and in full compliance with all of the SUB - RECIPIENT'S purchasing and
bidding procedures. SUB- RECIPIENT shall specify the equipment,
services, exercises and training to be purchased using the Application for
Project Funding. A paper copy of this document will be provided to SUB -
RECIPIENT by CITY. In addition, a compact disc with a copy of the
document will be provided to SUB - RECIPIENT by CITY. If additional
copies of the document are needed, SUB - RECIPIENT may contact the
Anaheim Grant Coordinator and it will be provided.
B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding
the performance of the Agreement. Reports shall be in the form requested by
the CITY, and shall be provided in a timely manner.
B. The Authorized Equipment List (AEL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
hftps: / /www.rkb.us, and incorporated to this Agreement by reference. A
copy of the AEL shall be retained in the Anaheim /Santa Ana Grant Office.
Unless otherwise stated in program guidance any equipment acquired
pursuant to this Agreement shall meet all mandatory regulations and /or
DHS- adopted standards to be eligible for purchase using grant funds. SUB -
RECIPIENT shall provide the CITY a copy of its most current procurement
guidelines and follow its own procurement requirements as long as they
meet the minimum federal requirements. Federal procurement requirements
for the FY 12 UASI Grant can be found at 2 Code of Federal Regulations
(CFR) Part 225 "Cost Principles for State, Local, and Indian Tribal
Governments" and 44 CFR Part 13 "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments. "
Any equipment acquired or obtained with Grant Funds:
Shall be made available under the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with
representatives of the various fire, emergency medical, hazardous
materials response services, and law enforcement agencies within
the jurisdiction of the applicant;
2. Shall be consistent with needs as identified in the National Priorities
and Core Capabilities, the State Homeland Security Strategy and the
Anaheim /Santa Ana Urban Area and Orange County Operational
Area Homeland Security Grants Strategy, and deployed in
conformance with those plans;
3. Shall be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan;
4. Shall be subject to the requirements of Title 44 CFR Part 13.32 and
13.33 For the purposes of this subsection, "Equipment" is defined as
nonexpendable property that is not consumed or does not lose its
identity by being incorporated into another item of equipment, which
costs $5,000 or more per unit, or is expected to have a useful life of
one (1) year or more. Items costing less than $5,000, but falling into
the following categories are also considered Equipment:
(1)electronics communications equipment for stationary or vehicular
use, including cellular telephones acquired by lease or purchase, and
(2) electronic office equipment, including facsimile machines,
copiers, electric typewriters, personal computers (monitors and
CPU's), terminals and printers;
5. Shall be used by SUB - RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
7. Shall be recorded on a ledger. This record must be updated bi-
annually and forwarded to the City. The record shall include: (a)
description of the item of Equipment, (b) manufacturer's model and
serial number, (c) Federal Stock number, national stock number, or
other identification number; (d) the source of acquisition of the
Equipment, including the award number, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) records showing
maintenance procedures to keep the Equipment in good running
order, and (h) location and condition of Equipment. Records must be
retained pursuant to 44 C.F.R. Part 13.42, and Office of G &T.
8. All equipment obtained under this Agreement shall have an ASAUA
identification decal affixed to it, and, when practical, shall be affixed
where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every year.
Inventory shall also be taken prior to any UASI, State or Federal
monitor visits.
10. SUB - RECIPIENT shall exercise due care to preserve and
safeguard equipment acquired with grant funds from damage or
destruction and shall provide regular maintenance and such repairs
for said equipment as necessary, in order to keep said equipment
continually in good working order. Such maintenance and servicing
shall be the sole responsibility of SUB - RECIPIENT, who shall
assume full responsibility for maintenance and repair of the
equipment throughout the life of said equipment.
D. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2012 Homeland Security Grant Program, as set forth above.
All training expenses must be pre - authorized by Cal -ENIA at
http : / /www.firstrespondertraining .gov /admin. A catalogue of Grantor
approved and sponsored training courses is available at
hftp://www.firstrespondertraining.gov/odp__Webforms.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2012 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at hftp:Hhseep.dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2012 Homeland Security Grant Program, as set forth above.
G. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY 2012 Homeland Security Grant Program, as set
forth above.
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PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. CITY may, a) transfer to SUB - RECIPIENT, equipment or services purchased
with grant funds; or, b) reimburse SUB - RECIPIENT for the purchase of
authorized equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines and
in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding
procedures. SUB - RECIPIENT shall specify the equipment, exercises, services
or training to be purchased using the Application for Project Funding. A paper
copy of this document will be provided to SUB - RECIPIENT by CITY. In
addition, a compact disc with a copy of the document will be provided to SUB -
RECIPIENT by CITY. If additional copies of the document are needed, SUB -
RECIPIENT may contact the Anaheim Grant Coordinator and it will be
provided. Funds may be used for planning, exercises, organizational and
training activities, and the purchase of equipment as described in Section 202
above.
B. SUB - RECIPIENT shall provide quarterly invoices to the CITY requesting
payment and all supporting documentation. Each reimbursement request shall
be accompanied by the Reimbursement Request for Grant Expenditures
(attached hereto as Exhibit D) detailing the expenditures made by SUB -
RECIPIENT as authorized by Section 202 above. Each reimbursement request
shall be submitted electronically at https: 1/38.184.198/. For equipment for which
SUB - RECIPIENT is requesting reimbursement, all appropriate back -up
documentation must be attached to the reimbursement form, including
invoices, proof of payment, packing slips, and Equipment Reimbursement
Worksheet. For training reimbursements, SUB - RECIPIENT must include a
copy of any certificates issued or a copy of the class roster verifying training
attendees, proof that a CalEMA tracking number has been assigned to the
course, timesheets and payroll registers for all training attendees, receipts for
travel expenses related to the training, and Training Reimbursement
Worksheet. For regional project reimbursements, SUB - RECIPIENT must
include approval from the lead agency for all submitted invoices.
C. Payment of final invoice shall be withheld by the CITY until the SUB -
RECIPIENT has turned in all supporting documentation and completed the
requirements of this Agreement.
D. It is understood that the CITY makes no commitment to fund this
Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing
availability to the CITY of federal funds for this program. The Agreement may
be terminated immediately upon written notice to SUB - RECIPIENT of a loss or
reduction of federal grant funds.
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§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Sub - recipient" herein and in any amendments hereto includes the party or
parties identified in this Agreement. The singular shall include the plural. If
there is more than one Sub- recipient as identified herein, unless expressly
stated otherwise, their obligations and liabilities hereunder shall be joint and
several. Use of the feminine, masculine, or neuter genders shall be deemed to
include the genders not used.
§402. Applicable Law. Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the CITY. This
Agreement shall be enforced and interpreted under the laws of the State of
California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only by a written instrument executed by both parties hereto.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
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restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
SUB - RECIPIENT may not, unless it has first obtained the written permission of
the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
SUB - RECIPIENT and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for SUB - RECIPIENT performance
hereunder and shall pay any fees required therefore. SUB - RECIPIENT further
certifies to immediately notify the CITY of any suspension, termination, lapses,
non renewals or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
SUB - RECIPIENT shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, the
State of California, and the CITY, In performing this Agreement, SUB -
RECIPIENT shall not discriminate in its employment practices against any
employee or applicant for employment because of such person's race,
religion, national origin, ancestry, sex, sexual orientation, age, physical
handicap, mental disability, marital status, domestic partner status or medical
condition. SUB - RECIPIENT shall comply with Executive Order 11246,
entitled "Equal Employment Opportunity," as amended by Executive Order
11375, and as supplemented in Department of Labor regulations (41 CRF
Part 60).
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If required, SUB - RECIPIENT shall submit an Equal Employment Opportunity
Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with
guidelines listed at hftp:// www.ojp.usdoj.gov /ocr /eeop.htm,
Any subcontract entered into by the SUB- RICIPIENT relating to this Agreement,
to the extent allowed hereunder, shall be subject to the provisions of this § 408.
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SUB - RECIPIENT must purchase a performance bond for any equipment item
over $250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds.
§410. Indemnification
To the fullest extent of the law, SUB - RECIPIENT agrees to indemnify, defend,
and hold harmless the City of Anaheim, its officers, agents, employees,
representatives and designated volunteers from and against any and all claims,
demands, defense costs, or liability of any kind or nature arising out of or resulting
from, or any way connected with SUB- RECIPIENT'S acts, errors or omissions in
the performance of SUB - RECIPIENT'S services or use of grant funds under the
terms of this Agreement.
§41 1. Conflict of Interest
A. SUB - RECIPIENT covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract
supported (in whole or in part) by Federal funds where such person is a
director, officer, employee or agent of the subcontractor; or where the selection
of subcontractors is or has the appearance of being motivated by a desire for
personal gain for themselves or others such as family business, etc.; or where
such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 at seq. if such person were a public officer, because such
person would have a "financial or other interest' in the subcontract.
B. Definitions:
The term "immediate family" includes but is not limited to domestic
partner and /or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
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2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial interest of
five percent or more; ownership of five percent or more of
the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
C. The SUB - RECIPIENT further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value from
any actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any
officer, employee, or agent).
D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and the Contractor.
E. Prior to obtaining the CITY'S approval of any subcontract, the SUB -
RECIPIENT shall disclose to the CITY any relationship, financial or
otherwise, direct or indirect, of the SUB - RECIPIENT or any of its officers,
directors or employees or their immediate family with the proposed
subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws
of the SUB - RECIPIENT, State of California, and Federal regulations
regarding conflict of interest.
G. The SUB - RECIPIENT warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining this
Agreement.
H. The SUB - RECIPIENT covenants that no member, officer or employee of
SUB - RECIPIENT shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in connection
with this project during his /her tenure as such employee, member or officer or
for one year thereafter.
1. The SUB - RECIPIENT shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this project
and shall substitute the term "subcontractor" for the term "SUB- RECIPIENT"
and "sub subcontractor" for "Subcontractor ".
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§412. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250, et seq.).
§413. Statutes and Regulations Applicable To All Grant Contracts
A. SUB - RECIPIENT shall comply with all applicable requirements of state, federal,
county and SUB - RECIPIENT laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. SUB - RECIPIENT shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. SUB - RECIPIENT shall comply with new, amended, or revised
laws, regulations, and /or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
SUB - RECIPIENT shall comply with OMB Circulars, as applicable;
OMB Circular A -87 (Cost Principles for State, Local, and Indian
Tribal Governments, relocated to 2 CFR Part 225); OMB Circular A-
102 (Grants and Cooperative Agreements with State and Local
Governments, found in 44 CFR Part 13 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Governments "); OMB Circular A -133 (Audits of States, Local
Governments, and Non - Profit Organizations.
2, Single Audit Act
If Federal funds are used in the performance of this Agreement,
SUB - RECIPIENT shall adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec. 7501 et seq.; and any
administrative regulation or field memos implementing the Act.
When reporting under on the FY12 UASI Grant Program under
the Single Audit Act, SUB - RECIPIENT shall use Catalog of
Federal Domestic Assistance (CFDA) Program Number 97.067
"Homeland Security Grant Program "; Grant Identification
Number 2012 - 00123; and Identify the City of Anaheim as the
Pass - Through.
3. Americans with Disabilities Act
SUB - RECIPIENT hereby certifies that it will comply with the
Americans with Disabilities Act, 42 USC §§ 12101, et seq., and its
implementing regulations. SUB - RECIPIENT will provide reasonable
accommodations to allow qualified individuals with disabilities to
have access to and to participate in its programs, services and
activities in accordance with the provisions of the Americans with
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Disabilities Act. SUB - RECIPIENT will not discriminate against
persons with disabilities or against persons due to their relationship
to or association with a person with a disability. Any subcontract
entered into by the SUB - RECIPIENT, relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of
this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be
used for any purpose designed to support or defeat any pending
legislation or administrative regulation. None of the funds provided
pursuant to this Agreement shall be used for any sectarian purpose or
to support or benefit any sectarian activity.
If this Agreement provides for more than $100,000 in grant funds or
more than $150,000 in loan funds, SUB - RECIPIENT shall submit to
the CITY a Certification Regarding Lobbying and a Disclosure Form,
if required, in accordance with 31 USC §1352. A copy of the
Certificate is attached hereto as Exhibit B. No funds will be released
to SUB - RECIPIENT until the Certification is filed.
SUB - RECIPIENT shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure
or which materially affects the accuracy of any of the information
contained in any Disclosure Form previously filed by SUB -
RECIPIENT. SUB - RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub - awards
at all tiers and that all subcontractors shall certify and disclose
accordingly.
Records Inspection
At any time during normal business hours and as often as the CITY,
the U.S. Comptroller General, and /or the Auditor General of the
State of California may deem necessary, SUB - RECIPIENT shall
make available for examination all of its records with respect to all
matters covered by this Agreement. The CITY, the U.S. Comptroller
General and /or the Auditor General of the State of Califomia shall
have the authority to audit, examine and make excerpts or
transcripts from records, including SUB - RECIPIENT'S invoices,
materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement.
SUB - RECIPIENT agrees to provide any reports requested by the
CITY regarding performance of the Agreement.
14
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the CITY with respect to all matters
covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents specified
in this Agreement. Such records shall be retained for a period of
three (3) years after termination of this Agreement and after final
disposition of all pending matters. "Pending matters" include, but are
not limited to, an audit, litigation or other actions involving records.
The CITY may, at its discretion, take possession of, retain and audit
said records. Records, in their original form pertaining to matters
covered by this Agreement, shall at all times be retained within the
County of Orange unless authorization to remove them is granted in
writing by the CITY.
7. Subcontracts and Procurement
SUB - RECIPIENT shall comply with the federal and SUB -
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
SUB - RECIPIENT shall ensure that the terms of this Agreement with
the CITY are incorporated into all Subcontractor Agreements. The
SUB - RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the release of any funds to the
subcontractor. The SUB - RECIPIENT shall withhold funds to any
subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective Subcontractor
Agreement.
SUB - RECIPIENT shall comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to
prescribed requirements for merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A
of OPM's Standards for a Merit System Personnel Administration
(5 C.F.R. 900, Subpart F).
SUB - RECIPIENT shall comply, as applicable, with the provisions of
the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and
Safety Standards Act (40 U.S.C. § §327 -333), regarding labor
standards for federally- assisted construction sub - agreements, and the
Hatch Act (5 USC § §1501 -1508 and 7324 - 7328).
SUB - RECIPIENT shall comply with the Federal Fair Labor Standards
15
Act (29 USC §201) regarding wages and hours of employment. None
of the funds shall be used to promote or deter Union /labor organizing
activities. CA Gov't Code Sec. 16645, et seq.
9. Civil Rights
SUB - RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits
discrimination on the basis of race, color or national origin, (b) Title IX
of the Education Amendments of 1972, as amended (20 U.S.C.
§ §1681- 1683, and 1685 - 1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) The Age Discrimination act of 1975, as
amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation act of 1970
(P.L. 91 -616) as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§ §3601, et seq.), as amended, relating to non - discrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for
Federal assistance is being made; (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and
(k) P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this
award of assistance.
10. Environmental
SUB - RECIPIENT shall comply, or has already complied, with the
requirements of Titles If and III of the Uniform relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646)
which provide for fair and equitable treatment of persons displaced
or whose property is acquired as a result of Federal or federally -
assisted programs. These requirements apply to, all interests in real
property acquired for project purposes regardless of Federal
participation in purchases.
SUB - RECIPIENT shall comply with environmental standards which
may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91 -190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to
16
EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. § §1451, et seq.); (f)
conformity of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. § §7401, et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523); (h) protection of
endangered species under the Endangered Species Act of 1973,
as amended (P.L. 93205); and (i) Flood Disaster Protection Act of
1973 §102(a) (P.L. 93 -234).
SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. § §1271, et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. § §4801, et seq.) which prohibits the use of
lead- based paint in construction or rehabilitation of residence
structures.
SUB - RECIPIENT shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251, et seq.) which restores and maintains
the chemical, physical and biological integrity of the Nation's waters.
SUB - RECIPIENT shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment of
this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal
Grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by
the EPA.
By signing this Agreement, SUB - RECIPIENT ensures that it is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21000, et seq. and is not impacting the
environment negatively.
SUB - RECIPIENT shall comply with the Energy Policy and
Conservation Act (P.L. 94 -163, 89 Stat. 871).
SUB - RECIPIENT shall comply, if applicable, with the provision of the
Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982
(16 USC 3501, et. seq.), which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources
System.
17
11. Preservation
SUB - RECIPIENT shall comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§ §469a -1, et seq.).
12. Suspension and Debarment
SUB - RECIPIENT shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and SUB -
RECIPIENT shall submit a Certification Regarding Debarment required
by Executive Order 12549 and any amendment thereto. Said
Certification shall be submitted to the CITY concurrent with the
execution of this Agreement and shall certify that neither SUB -
RECIPIENT nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department head
or agency. SUB - RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub -award at
all tiers and that all subcontractors shall certify accordingly.
13. Drug -Free Workplace
SUB - RECIPIENT shall comply with the federal Drug -Free
Workplace Act of 1988, 41 USG §701, 44 CFR Part 67; the
California Drug -Free Workplace Act of 1990, CA Gov't Code §§
8350 -8357.
14. Miscellaneous
SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act
of 1966, as amended (P.L. 89 -544, 7 USC § §2131, et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
SUB - RECIPIENT shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular
grant program. SUB - RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
Title 44 Code of Federal Regulations (CFR) Part 13; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office
of the Comptroller, U.S. Department of Homeland Security,
Preparedness Directorate Financial Management Guide; U.S.
Department of Homeland Security, Office of Grants and Training, FY
2009 Homeland Security Grant Program -- Program Guidance and
Application Kit; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
18
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act,
Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
CCR Title 19, §§ 2445 -2448.
Provisions of 44 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures;
Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information;
Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of
Faith -based Organizations; Part 42, Nondiscrimination /Equal
employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and Wetland Protection
Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to
federal Assistance Programs; Part 69, New Restrictions on Lobbying;
Part 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements (including sub - awards) with Institutions of
Higher Learning, Hospitals and other Non - Profit Organizations; and
Part 83, Government- Wide Requirements for a Drug Free
Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the
Juvenile Justice and Delinquency Prevention Act, or the Victims of
Crime Act, as appropriate; the provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1, and all other applicable federal laws, orders,
circulars, or regulations.
2. Travel Expenses
SUB - RECIPIENT as provided herein may be compensated for SUB -
RECIPIENT'S reasonable travel expenses incurred in the
performance of this Agreement, to include travel and per diem,
unless otherwise expressed. Travel including in -State and out -of-
State travel shall not be reimbursed without prior written
authorization from the UASI Grant Office.
SUB - RECIPIENTS travel and per diem reimbursement costs shall
be reimbursed based on the SUB - RECIPIENT'S travel policies
and procedures. If SUB - RECIPIENT does not have established
travel policies and procedures, SUB-RECIPIENT'S reimbursement
rates shall not exceed the amounts established by the State
s
Department of Personnel Administration Rules and Regulations,
PML 97 -024, Section 599.619, dated July 1, 1997 and Section
599.631, and as amended from time to time.
3. Noncompliance
SUB - RECIPIENT understands that failure to comply with any of the
above assurances may result in suspension, termination or reduction
of grant funds, and repayment by SUB - RECIPIENT to CITY of any
unlawful expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the CITY to sign certain promises regarding the way the Grant Funds would
be spent ( "Grant Assurances "), attached hereto as Exhibit C. By signing these
Grant Assurances, the CITY became liable to the Grantor for any funds that
are used in violation of the grant requirements. SUB - RECIPIENT shall be
liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT
used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify
and hold harmless the CITY for any sums the Grantor determines SUB -
RECIPIENT used in violation of the Grant Assurances.
§414. Federal State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as
an independent party and not as a CITY employee.
§415. Inventions. Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation,
processes and business methods made in the course of work under this
Agreement, the SUB - RECIPIENT shall report the fact and disclose the
Invention promptly and fully to the CITY. The CITY shall report the fact and
disclose the Invention to the Grantor. Unless there is a prior agreement
between the CITY and the Grantor, the Grantor shall determine whether to
seek protection on the Invention. The Grantor shall determine how the rights in
the Invention, including rights under any patent issued thereon, will be
allocated and administered in order to protect the public interest consistent
with the policy ( "Policy ") embodied in the Federal Acquisition Regulations
System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq.
(Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum
on Government Patent Policy to the Heads of the Executive Departments and
Agencies, dated 211 811 9 8 3); and Executive Order 12591, 4f10187, 52 FR
13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB - RECIPIENT
20
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
CITY shall have an unencumbered right,
royalty- free license, to use, manufacture,
do so for all government purposes, an y
Agreement.
an a• • '•
and a non- exclusive, irrevocable,
improve upon, and allow others to
Invention developed under this
Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material ( "Material ") is developed
under this Agreement, the author or the CITY, at the CITY'S
discretion, may copyright the Material. If the CITY declines to
copyright the Material, the CITY shall have an unencumbered right,
and a non - exclusive, irrevocable, royalty- free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non - exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Material
developed under this Agreement or any Copyright purchased under
this Agreement.
SUB - RECIPIENT shall comply with 24 CFR 85.34.
lomme Rinto
The Grantor and the CITY shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited rights"
means the right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform and display publicly, or permit
others to do so; as required by 48 CFR 27.401. Where the data are not first
produced under this Agreement or are published copyrighted data with the
notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a
copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited
rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
SUB- RECIPIENT shall require all subcontractors to comply with the
obligations of this section by incorporating the terms of this section into all
subcontracts.
21
§416. Minority Women, And Other Business Enterprise Outreach Program
It is the policy of the CITY to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all SUB-RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub - Contractors.
22
DEFAULTS, i AND AMENDMENTS
§501. Defaults
Should SUB - RECIPIENT fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§502. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by SUB - RECIPIENT and any increase or decrease in the amount of
compensation which are agreed to by the CITY and SUB- RECIPIENT shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
SUB - RECIPIENT agrees to comply with all future CITY Directives, or any rules,
amendments or requirements promulgated by the CITY affecting this
Agreement.
23
vl
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes twenty -five (25) pages and
three (3) Exhibits which constitute the entire understanding and agreement of the
parties.
IM
IN WITNESS WHEREOF, the City and CITY OF NEWPORT BEACH have caused this
Agreement to be executed by their duly authorized representatives on the date first set
forth above.
ATTEST:
By: ho�IM44 6�dKD
Linda N. Andal
Cleric of the Council
RECOMMENDED FOR APPROVAL:
By:
John Welter
Chief of Police
APPROVED S TO FORM:
Kristin Pelletier
Sr. Assistant City Attorney
25
CITY OF ANAHEIM, a municipal Corporation
of the State of California
By: Z/ i L,� k/
Bob Wingenroth
City Manager
SUB -RECIPIENT
CITY OF NEWPORT BEACH
Printed Name _-J-c1"t G. i?'oyc E s
Title oJ1.34
APPROVE AS F M
By:
Printed Name l
Title P4 Q/i✓rw„
Attest
City Clerk
EXHIBIT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Applicants should also review the instructions for certification included in the regulations
before completing this form. Signature of this form provides for compliance with certification requirements
under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension
(Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance
will be placed when the Agency determines to award the covered transaction or cooperative agreement.
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable
CFR, for prospective participants in covered transactions, as defined in the applicable CFR
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal State or local) with commission of any of these offenses enumerated in paragraph (1)
(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
A iorized Ag ture
EFF G. So y & E 5
Printed or Typed Name
13,f7TA1_/o.n) C.Hlf?} /T2AIAJ,J4
Title
Address: 33 o c> 1.1 c -W Po a r 6 c J a,
26
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to whom this agreement is entered, if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," " suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction, " "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
5. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause, The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
27
EXHIBIT B
CERTIFICATION REGARDING LOBBYING
Certification for Contracts. Grants. Loans
and C000erative Aareements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
—�CFF < 5O`/LAS S./iTTALic.1 C=-N�L'��TfL.4�.via��
NAME, AND TITLE OF AU]F.ORIZED REPRESENTATIVE
SIGNATURE TJ DATE
EXHIBIT C
California Emergency Management Agency (Cal EMA)
FY 2012 Grant Assurances
(All HSGP Applicants)
As the duly authorized representative of the applicant, I certify that the applicant named above
I . 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).
1 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 FY2012 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.
7. Will provide progress reports, and other such information as may be required by the
awarding agency, including the Initial Strategy Implementation Plan (ISiP) within 45
(forty-five) days of the award, and update via the Grant Reporting Tool (GR`f) twice each
year.
& 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 between the award of funds and
the disbursement of funds.
29
10. Will comply with all provisions of DHS /FEMA's 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 comply with all provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR),
Contracts with Commercial Organizations.
12. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes, or presents the appearance of, personal or organizational conflict of
interest, or personal gain for themselves or others, particularly those with whom they have
family, business, or other ties.
13. 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 government, without the express prior written approval from DHS /FEMA/Cal
EMA.
14. 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.
IS. Will notify Cal EMA of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
§§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation
of structures.
17. Will comply with all Federal and State Statues relating to Civil Rights and
Nondiscrimination. These include, but are not limited to:
a. Title V1 of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which
prohibits discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683 and 1685 - 1686), which prohibits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107),
which prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism.
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and
290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient
records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 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
statute(s) 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 due process hearing on the
grounds or race, color, religion, national origin, gender, or disability against a
30
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, if applicable, 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.
18. Will comply with the requirements of Titles lI and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.
[,P.L. 91 -646)) which provides for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or Federally assisted programs. These
requirements apply to all interested in real property acquired for project purposes
regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Pant
25, Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally- assisted programs.
19. 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.
20. Will comply with all applicable Federal, State, and Local enviromnental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP
requirements and obtain applicable permits may jeopardize Federal funding. Will comply
with all conditions placed on any project as the result of the EHP review; any change to the
scope of work of a project will require reevaluation of compliance with these EHP
requirements.
21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10,
Environmental Considerations,
22. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of DHS /FEMA/Cal EMA, including, but not limited to,
ground disturbance, construction, modification to any structure, physical security
enhancements, communications towers, any structure over 50 years old, and purchase
and/or use of any sonar equipment. The subgrantee must comply with all conditions and
restrictions placed on the project as a result of the EHP review. Any construction- 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 any potential archeological
resources are discovered, the subgrantee will immediately cease activity in that area and
notify DHS /FEMA/Cal EMA and the appropriate State Historic Preservation Office,
23. Any construction activities that have been initiated prior to the full environmental and
historic preservation review could result in non - compliance finding. grantees must.
complete the FEMA EHP Screening Form (OMB Number 1660 -011.5 /FEMA Form 024 -0-
01) and submit it, with all supporting documentation, to the GPD EHP team at
GPDEHPinfo@fema.dhs.gov for review.
31
24. Grantees should submit the FEMA EHP Screening Form for each project as soon as
possible upon receiving their grant award. The Screening From for these types of projects
is available at:
www. fema. gov/ doc/ govermnetit! grantibulletins/ info329_final_screening_memo.doc
25. Will ensure that the facilities under its ownership, lease or supervision, which shall be
utilized in the accomplishment of this project, are not on the Environmental Protection
Agency's (EPAs) List of Violating Facilities,, and will notify Cal EMA and the Federal
Grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating if a facility to be used in the project is under consideration
for listing by the EPA.
26. Will provide any information requested by DHS /FEMA/CaI EMA to ensure compliance
with applicable laws, including the following:
a. Institution of environmental quality control measures under the Archaeological and
Historic Preservation Act, Endangered Species Act, and Executive Orders on
Floodplains (11988), and Environmental Justice (E012898) and Environmental
Quality (EO 11514).
b. Notification of violating facilities pursuant to ED 11738.
e. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et
seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93 -523).
f. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080 - 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000 -15002
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ I271 et.seq.) related to
protecting components or potential components of the national wild and scenic
rivers system.
It. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
27. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division
1 of "title 2, Section 8607. Ile) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
28. Agrees that all publications created or published with funding under this grant shall
prominently contain the following statement: "This document was prepared under a grant
from FEMA's Grant Programs Directorate, U.S, Department of Homeland Security. Points
of view or opinions expressed in this document are those of the authors and do not
necessarily represent the official position or policies of FEMA's Grant Programs
Directorate or the U.S. Department of Homeland Security," The recipient also agrees that,
when practicable, any equipment purchased with grant funding shall be prominently
marked as follows: "Purchased with funds provided by the U.S. Department of Homeland
Security."
29. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: a) the copyright in any work developed under an award or sub -
award, and b) any rights of copyright to which a recipient or sub - recipient purchases
ownership with Federal support.
32
30. The recipient agrees to consult with DHS /FEMA/Cal EMA regarding the allocation of any
patent rights that arise from, or are purchased with, this funding and has requested through
the State of California, Federal financial assistance to be used to perform eligible work
approved in the submitted application for Federal assistance and after the receipt of Federal
financial assistance, through the State of California, 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. Property /equipment purchased under the HSGP reverts to Cal EMA if the grant
funds are deobligated/disallowed and /or not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid
following deobligation/disallowment of costs or Cal EMA reserves the right to
place a lien on the property for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per Federal Fiscal Year.
31. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of
the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
32. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324-
7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
33. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544,
as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
34. Will comply with the minimum wage and maximum hour provisions of the Federal Fair
Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
education, hospitals, and other non -profit organizations.
35. Agrees that "Classified national security information," as defined in Executive Order (EO)
12958, as amended, means information that has been determined pursuant to EO 12958 or
any predecessor order to require protection against unauthorized disclosure and is marked
to indicate its classified status when in documentary form.. No funding under this award
shall be used to support a contract, subaward, or other agreement for goods or services that
will include access to classified national security information if the award recipient has not
been approved for and has access to such information.
36. Agrees that where an award recipient has been approved for and has access to classified
national security information, no funding under this award shall be used to support a
contract, subaward, or other agreement for goods or services that will include access to
classified national security information by the contractor, subawardee, or other entity
without prior written approval from the DHS Office of Security, Industrial Security
Program Branch (ISPB), or, an appropriate official within the Federal department or
agency with whom the classified effort will be performed. Such contracts, subawards, or
other agreements shall be processed and administered in accordance with the DHS
"Standard Operating Procedures, Classified Contracting by States and Local Entities,"
dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security
33
Program Operating Manual (NISPOM); and/or other applicable implementing directives or
instructions. All security requirement documents are located at:
http: / ✓www.dhs,gov /xopnbiz ✓grants /index.shtm
37. Immediately upon determination by the award recipient that funding under this award will
be used to support such a contract, subaward, or other agreement, and prior to execution of
any actions to facilitate the acquisition of such a contract, subaward, or other agreement,
the award recipient shall contact ISPB, or the applicable Federal department or agency, for
approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202 - 447 -5346
Email: DD254AdministrativeSecurity @dhs,gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
AT'IN: ASD /Industrial Security Program Branch
Washington_ D,C, 20528
38. Agrees with the requirements regarding Data Universal Numbering System (DUNS)
Numbers, meaning if recipients are authorized to make subawards under this award, they
must notify potential subreeipients that no entity (see definition in paragraph C of this
award term) may receive or make a subaward to any entity unless the entity has provided
its DUNS number. For purposes of this award term, the following definitions will apply:
a. "Data Universal Numbering System (DUNS)" number means the nine digit
number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely
identify business entities. A DUNS number may be obtained from D &B by
telephone (currently 866 - 705 -5711) or the Internet, currently at
http://fedgov.dub.com/webfomi
b. "Entity ", as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C, as a Governmental organization, which is a State, local
government, or Indian Tribe; or a foreign public entity; or a domestic or foreign
nonprofit organization; or a domestic or foreign for - profit organization; or a
Federal agency, but only as a sub recipient under an award or subaward to a non-
Federal entity.
c. " Subaward" means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient. It does not
include your procurement of property and services needed to carry out the project
or program (for further explanation, see Sec. 210 of the attachment to OMB
Circular A -133, "Audits of States, Local Governments, and Non - Profit
Organizations ") and may be provided through any legal agreement, including an
agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this
award; and is accountable to you for the use of the Federal funds provided by the
subaward.
39. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874),
and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333),
regarding labor standards for Federally- assisted construction sub- agreements.
40. Agrees that:.
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
34
Congress, or an employee of a Member of Congress in connection with the making
of any Federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal grant
or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or an employee of Congress, or
employee of a Member of Congress in connection with the Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers including subgrants, contracts
under grants and cooperative agreements, and subcontract(s) and that all sub
recipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
a.
b.
41. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non - Federal funds.
42. Agrees that equipment acquired or obtained with grant fiords:
c. 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 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 ina manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
Rescue Mutual Aid Plan.
d. Is consistent with needs as identified in the State homeland Security Strategy and
will be deployed in conformance with that Strategy.
43. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A -133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
44. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of higher Education, hospitals,
and Other Non -Profit Organizations (OMB Circular A -I 10); 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 Circular A -122).
45. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
46. Agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information
required for the assessment or evaluation of any activities within this agreement.
35
47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost
Principles and Procedures, Contracts with Commercial Organizations.
48. Will comply with the financial and administrative requirements set forth in the current
edition of the DHS Financial Management Guide.
49. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY 2012 Homeland Security Grant Program Funding Opportunity Announcement, and the
California Supplement to the FY 2012 Homeland Security Grant Program Funding
Opportunity Announcement. 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 FY2012 Homeland Security Grant Program application. Further, use of
FYI funds is limited to those investments included in the California FYI Investment
Justifications submitted to DHSIFEMA1Cal EMA and evaluated through the peer review
process.
50. 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'. As required by Executive Order 12549, Debarment and Suspension, and
implemented at 44 CFR Part 17, for prospective participants in primary covered
transactions, the applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
b, Have not within a three -year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, snaking false
statements, or receiving stolen property.
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and 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
d. 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.
51. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
52. Will comply with the administrative requirements that apply to most DHS award recipients
through a grant or cooperative agreement arise from two sources: - Office of Management
and Budget (OMB) Circular A -102, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (also known as the "A -102
Common Rule "), found under FEMA regulations at Title 44, Code of Federal Regulations
(CFR) Park 13, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments." - OMB Circular A -110, Uniform
36
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215.
The requirements for allowable costs/cost principles are contained in the A -102 Common
Rule, OMB Circular A -110 (2 CFR § 215.27), DHS program legislation, Federal awarding
agency regulations, and the terms and conditions of the award. The four costs principles
circulars are as follows: - OMB Circular A -21, Cost Principles for Educational Institutions,
relocated to 2 CFR Part 220. - OMB Circular A -87, Cost Principles for State, Local, and
Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A -122, Cost.
Principles for Non - Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A-
133, Audits of States, Local Governments and Non -Profit Organizations.
53. Will acknowledge, agree, and require any subrecipients, contractors, successors,
transferees, and assignees acknowledge and agree -to comply with applicable provisions
governing DHS access to records, accounts, documents, information, facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation
conducted by DHS and /or Cal EMA.
b. Recipients must give DHS /Cal EMA access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS /Cal EMA regulations and
other applicable laws or program guidance.
c, Recipients must submit timely, complete, and accurate reports to the appropriate
DHS /Cal EMA officials and maintain appropriate backup documentation to
support the reports.
d. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
e. If, during the past three years, the recipient has been accused of discrimination on
the grounds of race, color, national origin (including limited English proficiency),
sex, age, disability, religion, or familial status, the recipient must provide a list of
all such proceedings, pending or completed, including outcome and copies of
settlement agreements to the DHS /Cal EMA awarding office and the DHS Office
of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of discrimination
on grounds of race, color, national origin (including limited English proficiency),
sex, age, disability, religion, or familial status against the recipient, or the recipient
settles a case or matter alleging such discrimination, recipients must forward a
copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
54. Agrees that none of the funds provided under an award may be expended by the recipient
to pay any person to influence, or attempt to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any Federal action concerning the award or
renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying
prohibitions can be found at 31 U.S.C. § 1352.
55. Will comply with requirements to acknowledge Federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with Federal funds.
56. Will comply with requirements that publications or other exercise of copyright for any
work first produced under Federal financial assistance awards hereto related unless the
work includes any information that is otherwise controlled by the Government (e.g.,
classified information or otber information subject to national security or export control
37
laws or regulations), For any scientific, technical, or other copyright work based on or
containing data first produced under this award, including those works published in
academic, technical or professional journals, symposia proceedings, or similar works, the
recipient grants the Government a royalty -free, nonexclusive and irrevocable license to
reproduce, display, distribute copies, perform, disseminate, or prepare derivative works,
and to authorize others to do so, for Government purposes in all such copyrighted works.
The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first
produced under an award.
57. Will obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of
flags or likenesses of DHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
58. Will comply with the requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel
supported by U.S, Government funds requirement, which states preference for the use of
U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the Unted States in the March 31, 1981, amendment to
Comptroller General Decision $138942.
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. §
701 et seq.), which requires that all organizations receiving grants from any Federal agency
agree to maintain a drug -free workplace. The recipient must notify the awarding office if
an employee of the recipient is convicted of violating a criminal drug statute. Failure to
comply with these requirements may be cause for debarment. These regulations are
codified at 2 CFR 3001.
61. Will comply with the requirements of the governnent -wide award term which implements
Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U,S.C. § 7104), located at 2 CFR Part 175, This is implemented, in accordance with 4Mi3_
Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.ln
accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a
condition that authorizes the agency to terminate the award, without penalty, if the
recipient or a subrecipient engages in severe forms of trafficking in persons during the
period of time that the award is in effect, procures a commercial sex act during the period
of time that the award is in effect; or uses forced labor in the performance of the award or
subawards under the award, Full text of the award term is provided at 2 CFR § 175.15.
61 Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.), which provides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
63. Will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients
from discriminating in the sale, rental, financing, and advertising of dwellings, or in the
provision of services in connection therewith, on the basis of race, color, national origin,
religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.), as implemented by
the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition
38
on disability discrimination includes the requirement that new multifamily housing with
four or more dwelling units -i.e., the public and common use areas and individual apartment
units (all units in buildings with elevators and ground -floor units in buildings without
elevators) -be designed and constructed with certain accessible features (see 24 CFR §
100.201).
64. Will comply with the requirements of Titles I, IL and III of the Americans with Disabilities
Act, which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12101 - 12213).
65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. §
6101 et seq.), which prolubits discrimination on the basis of age in any program or activity
receiving Federal financial assistance.
66. Will comply with the requirements of Title IX of the Education Amendments of 1972 (20
U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal financial
assistance. These regulations are codified at 44 CFR Part 19.
67. Will comply with the requirements of Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin and resulting agency guidance, national origin discrimination includes
discrimination on the basis of limited English proficiency (LEP). To ensure compliance
with Title VI, recipients must take reasonable steps to ensure that LEP persons have
meaningful access to your programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. Recipients are
encouraged to consider the need for language services for LEP persons served or
encountered both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations, go to http: / /www.lep.gov,
68. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738,
which provides for the protection and enhancement of the quality of the nation's air
resources to promote public health and welfare and for restoring and maintaining the
chemical, physical, and biological integrity of the nation's waters is considered research for
other purposes.
69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the
requirements in DHS Management Directive 026 -04, Protection of Human Subjects, prior
to implementing any work with human subjects. The regulations specify additional
protections for research involving human fetuses, pregnant women, and neonates (Subpart
B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is
governed by applicable State and local law and is not directly regulated by 45 CFR Part 46.
70. Will comply with the requirements of the National Environmental Policy Act (NEPA), as
amended, 42 U.S_C. § 4331 et seq., which establishes national policy goals and procedures
to protect and enhance the environment, including protection against natural disasters. To
comply with NEPA for its grant- supported activities, DHS requires the environmental
aspects of construction grants (and certain non - construction projects as specified by the
Component and awarding office) to be reviewed and evaluated before final action on the
application.
39
71. Will comply with the requirements of Section 1306(c) of the National Flood insurance Act,
as amended, which provides for benefit payments under the Standard Flood Insurance
Policy for demolition or relocation of a structure insured under the Act that is located along
the shore of a lake or other body of water and that is certified by an appropriate State or
local land use authority to be subject to imminent collapse or subsidence as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 63.
72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to
acquire, modernize, or construct property may be provided in identified flood -prone
communities in the United States, unless the community participates in the National Flood
Insurance Program and flood insurance is purchased within one year of the identification.
The flood insurance purchase requirement applies to both public and private applicants for
DRS support. Lists of flood -prone areas that are eligible for flood insurance are published
in the Federal Register by FEMA.
73. Will comply with the requirements of Executive Order 11990, which provides that
federally funded construction and improvements minimize the destruction, loss, or
degradation of wetlands. The Executive Order provides that, in furtherance of Section
I01(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by
law, must avoid undertaking or assisting with new construction located in wetlands unless
the head of the agency finds that there is no practicable alternative to such construction,
and that the proposed action includes all practicable measures to minimize harm to
wetlands that may result from such use. In making this finding, the head of the agency may
take into account economic, environmental, and other pertinent factors. The public
disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction in wetlands. This is codified at 44 CFR Part 9.
74. Will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT
Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal
penalties for possession of any biological agent, toxin, or delivery system of a type or in a
quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or
other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or
receive any biological agent or toxin that is listed as a select agent.
75. Understands the reporting of subawards and executive compensation rules, including first
tier subawards to Cal EMA.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in
the following paragraphs to Cal EMA. For subaward information, report no later
than the end of the month following the month in which the obligation was made.
(For example, if the obligation was made on November 7, 2011, the obligation
must be reported by no later than December 31, 201 l.)
c. What to report: You must report the information about each obligating action that
the submission instructions posted in Information Bulletin 350, to Cal EMA. To
determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http: / /www,sec.gov /answers /execoinp.litm. Subgramees must report subrecipient
executive total compensation to Cal EMA by the end of the month following the
40
month during which you make the subaward. Exemptions include: If, in the
previous tax year, you had gross income, from all sources, under $300,000, you are
exempt from the requirements to report on subawards, and the total compensation
of the five most highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total
compensation for each of your five most highly compensated executives for the
preceding completed fiscal year, if
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross
revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and $25,000,000 or more in annual gross revenues front Federal
procurement contracts (and subcontracts) and Federal financial assistance subject
to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http:l!www.sec,gov /answers /execomp.htm.)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -
tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if in the
subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of
its annual gross revenues from Federal procurement contracts (and subcontracts)
and Federal financial assistance subject to the Transparency Act, as defined at 2
CFR 170320 (and subawards); and $25,000,000 or more in annual gross revenues
from Federal procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and the public does
not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 61.04 of the Internal Revenue Code
of 1986.
76. Understands that failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant. --
Signature of Authorized Agent: � rr Z—, -� --
Printed Name of Authorized Agent: J t7
Title: 347'AAL>u J CHv L� _ ZAr %��li Date: 6) 3
41
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Scott L. Poster, Fire Chief
949 - 644 -3101, sposter @nbfd.net
PREPARED BY: Jeff Boyles, Fire Training Battalion Chief
APPROVED: _U ,a
TITLE: Approval of the Fiscal Year 2012 Urban Area Security Initiative
Grant Program Transfer Agreement and Training Funds
ABSTRACT:
The Urban Area Security Initiative (UASI) Grant Program is designed to address the
unique planning, equipment, training and exercise needs of high - threat, high density
Urban Areas, and assist them in building an enhanced and sustainable capacity to
prevent, protect against, respond to, and recover from acts of terrorism. Under the
Homeland Security Grant Program (HSGP) the cities of Anaheim and Santa Ana were
selected as core cities for the Orange County Metropolitan Area and are responsible for
the management and administration of the UASI Grant Program.
.4gKOIJ111ya 21kil lyi1v f
Adopt Resolution No. 2013- 20 approving the Transfer Agreement for Fiscal Year
2012 UASI Grant Program purposes ( "Transfer Agreement') and authorizing the City
Manager and the Fire Training Battalion Chief 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 California
Emergency Management Agency.
2. Accept the 2012 UASI Grant Fund Training Allocation in the amount of $51,004 to
be utilized for reimbursement of training costs associated with approved Department
of Homeland Security (DHS) courses for emergency response personnel. The City
of Anaheim UASI has divided up the training allocation between the Fire and Police
Departments. The amount of $22,961 has been designated for City of Newport
Beach's (City) Fire Department personnel, and $2 8,043 for the City's Police
Department personnel.
Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer
Agreement and Training Funds
March 12, 2013
Page 2
3. City Council approve a Budget Amendment
by $22,961 in Budget Account Number
Account Number 1820 -486E; and increasi
in CIP Account Number 7014- C8002032
7014- C8002033.
FUNDING REQUIREMENTS:
13BA- 35 increasing revenue estimates
2335 -486E and by $28,043 in Budget
ng expenditure appropriations by $22,961
and by $28,043 in CIP Account Number
The UASI grant provided the below estimated value of the training that will be delivered
to the City's first responders.
Regional Training Program Terrorism Liaison Officer (TLO) Training Program
Police Department: $16,230 Police Department: $11,813
Fire Department: $13,289 Fire Department: $9,672
DISCUSSION:
The UASI Grant Program was authorized by Congress in 2003, and implemented by the
DHS to help strengthen the nation against risks associated with potential terrorist
attacks. The UASI Grant Program is designed to address the unique planning,
equipment, training and exercise needs of high - threat, high density urban areas, and
assist them in building an enhanced and sustainable capacity to prevent, protect
against, respond to, and recover from acts of terrorism. The urban areas are chosen by
DHS based on a formula that takes into account factors such as critical infrastructure,
population density, and credible threat information. Among other densely populated
areas, the cities of Santa Ana and Anaheim were selected as core cities for the Orange
County Metropolitan Area. They were jointly awarded approximately $4.5 million in
Fiscal Year 2012 and are responsible for the management and administration of the
UASI Grant Program.
FY 12 UASI Grant Program Priorities
• Advance "Whole Community" Security and Emergency Management
• Collaboration with Nonprofit Organizations
• Consolidation of Law Enforcement Terrorism Prevention Activities
The City of Newport Beach is considered an urban area sub - recipient under this Grant
Program. Once the Transfer Agreement is approved, the City is eligible to receive
equipment and training funding for fire, police and city personnel that have Emergency
Operations Center (EOC) responsibilities. The training funds will reimburse the City for
any training costs incurred such as tuition, overtime, backfill, and travel expenses for
approved training courses. No matching funds are required to accept this grant.
Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer
Agreement and Training Funds
March 12, 2013
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:
Scott L. Poster
Fire Chief
Attachments: A. Notification of Sub- Recipient Award Letter dated January 16, 2013
B. Resolution No. 2013 -
C. Transfer Agreement
D. Budget Amendment
ATTACHMENT A
14
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RESOLUTION NO. 2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING THE TRANSFER AGREEMENT FOR FISCAL YEAR 2012 URBAN
AREA SECURITY INITIATIVE GRANT PROGRAM PURPOSES BETWEEN THE CITY
OF NEWPORT BEACH AND THE CITY OF ANAHEIM AND AUTHORIZING THE CITY
MANAGER AND THE FIRE TRAINING BATTALION CHIEF TO ACT AS THE
"AUTHORIZED AGENTS" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS
NECESSARY TO IMPLEMENT THE TRANSFER AGREEMENT AND OBTAIN
FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT
OF HOMELAND SECURITY AND SUB - GRANTED THROUGH THE STATE OF
CALIFORNIA EMERGENCY MANAGEMENT AGENCY.
WHEREAS, the City of Newport Beach ( "City ") has partnered with the cities of
Anaheim and Santa Ana to participate in the Fiscal Year 2012 Urban Area Security
Initiative (UASI) Grant Program. The City will request equipment and training under this
grant that will be used for the public safety of its citizens.
WHEREAS, the City of Anaheim is the administrator of the Fiscal Year 2012
UASI Grant Program. The City is required to sign a Transfer Agreement and the
California Emergency Management Agency Grant Assurances. The City of Anaheim
requires the naming of two authorized agents from within the City to sign these
documents on behalf of the City.
NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City
of Newport Beach:
Section 1: Approve the Transfer Agreement for Fiscal Year 2012 UASI Grant Program
purposes ( "Transfer Agreement ") between the City and the City of Anaheim attached
hereto as Exhibit 1.
Section 2: Authorize the City Manager and the Fire Training Battalion Chief to act as
the "Authorized Agents" to execute on behalf of the City any actions necessary to
implement the Transfer Agreement and obtain federal financial assistance provided by
sc'
the Federal Department of Homeland Security and sub - granted through the State of
California Emergency Management Agency.
Section 3: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
Adopted this 12th day of March, 2013.
TIOTIOU
ATTEST:
CITY CLERK
nt
ATTACHMENT C
rn
City Contract Number
Section g;,�ertpttnn
TABt_E QF CQNTEN'TS
§101. Parties to the Agreement 3
§102. representatives of the Parties and Service of Nof)ces 3
§103. Independent Party 4
§104. Conditions Precedent to Execration of this Agreement 4
N i r a.
•- ;• e
III
EEMW
§301. Payment of Grant Funds and McOrod of Payment
§401. Constnrctton of Provisions and Titles Heroin
0
§402. Applicable Law, Interpretation and Enforcement
0
§403. Integrated Agreement
8
§404. Excusable Delays
0
§405. Breach
10
§406. Prohibition Against Assignment or Delegation
10
§407. Permits
10
§408. Non Discrimination and Affirmative Action
10
Wo, Bonds
11
tc�—
TABLE OF C NTE TTS
Sector € escrintton
§410, irxfetr ni ation 11
§411. Conniot of Interost 11
§412, Restriction on Disclosures 13
§411 Statutes and t eguiations Applicable to All Grant Contracts 13
§414, Federal, State, and Locat Taxes 20
§415. inventions, Patents and Copyrights 20
§416, MBENVSE 22
V
DEFAULTS uU PEh6 �f7N�Ft AT_ [ Ah1DAY4E1a.,t;Uit tITS
W
Execution (Signature) Page
Xt-[E {BITS
Extritut A Certification Regarding Debarrimt, Suspension. Ineligibility and
Voluntary Exclusion Lauver Tier Covered Transactions
Exhibit 8 Certification Regarding Lobbying
Exhibit GrantAssurances
23
23
24
24
25
!3
Agreement Numb€w:
AGREEMENT FOR TRANSFEROR PURCHASE OF EQUIPMENTISERVICES OR FOR
• - a
FOR FY2012 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF NEWPORT BEACH
THIS AGREEMENT Is made and entered into this 16th day of January, 2615, by and
between the CITY OF ANAHEIM, a municipal corporation (tire CITY"), and CITY OF
NEWPORT BEACH (tile "SUB - RECIPIENT" cr "Corr tactoe)
ITNES E —Ij
WHEREAS, CITY, acting through the Anahalm Police Department in its capacity
as a Core City for the AnahelmfSanta Ana Urban Area under the FY12 Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2012
Urban Areas Security Initiative" from the federal Department Of Homeland
SecurityPHSj Federal Emergency Management Agency (FEMA), through the State of
California Emergency Management Agency (CalEMA), to enhances countywide
emergency preparedness (the "grant"), as set forth in the grant guidelines and
assurances that are incorporated to this Agreement by reference and located at
'U,S. Department of homeland Security "Fiscal Year 2012 Homeland Security Grant
Program (HSGP) Funding Opportunity Announcement (FDA)'
#hgw,,'hvt w ten a ,ec ylW1111 oyat motfamnit-20121y12 hsau foe cdP
California Emergency Management Agency OFY2012 Homeland Security Grant program:
California Supplement to Federal Program Guidance and Application KDt"
Copies of the grant guidelines shall be retained In the Anahslm/Sarda Ana
Grant Office.
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM
t °CITY j and is overseen by the California Emergency Management Agency ("Cal»
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in binding an enhanced and sustainable capacity to prevent, respond to, and
neccover from threats or acts of terrorism; and
i 4
WHEREAS, the AnaheimfSaMa Ana Urban Area (ASAUA conststs of 34 cities
in orange County, including the City of Anaheim and the City of Santa Ana, the County
of Orange, inctuding the unincorporated area of the County of Orange, Santa Ana
Unified School f7lstrict Police, California State University, Fullerton, Univefelty, of
California, Irvine, Municipal Water District of orange County, and the Orange County
Fire Authority: and
WHEREAS, the Office of Grants Management ("OGM ") awarded a FYI UASI
Grant of $3,697,738 irGranf Funds ") to the G iY OF ANAHEIM, , as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Anaheim Police Department, Emergency Management Bureau ( "UASI Grant Ofka"
to provide for torrodsm prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office row wishes to disiribuie FY12 UAS1 Grant
Funds throughout the ASAUA, as further detalied In this Agreement (" Agreement"} to
Cliff' OF NEWPORT BEACH ("SUS- RECIPIENT") and others;
WHEREAS, the CITY and SUS - RECIPIENT ate desirous of executing this
Agreement as authorized by the City Council and the City Manager which auttuxizes
the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS;
(5
! r
The partles to this Agreement are;
A. The CITY, a municipal Car oration, having Its principal oft e, at 8201 East Santa
Ana Canyon Road, Anahm, CA 92866, and
°li^ ♦,. ii i ff to -
V tie. Rear ementathvn of the Dross and Service of Notices
A. The representatives of the respective parties who are aathorized to administer
this Agreement and to wham formal rwtlaas, demands and communications
Shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise
stated in the Agreement,
Dave Vangsness, Lieutenant
Anaheim Police Department
Emergency Management Bureau
426 South Harbor Boulevard
Anaheim, CA. 92805
Phone: (714) 765-S879
Pax: (714) 765.3605
dwmgsness anaheim.nat
Z The representat ve of CITE' OF NEWPORT BEACH shall be:
Katie Eing, EmeWmy Services Coordinator CITY OF a_
3300 Newport ,.
Phone: (949) f9
s s a r
�W
B. Formal notices. demands and communications to be given hereunder by
efthe€ party shalt be made in writing and met+ be affected by personal
delivery or by registered or certified maid, postage prepaid, return receipt
requested and shalt be deemed communicated as of the date of mailing,
C. if the name of the person designated to receive the, notices, demands or
conmunioations or the address of such person is changed, written notice
shag be given, In accord with this section, within five (5) business clays of
said change,
§143. independent Party
SUB-RECIPIENT Is acting hereunder as an Independent party, and not as an
agent or employee of the CITY OF ANAHEIM. No employea of SUS - RECIPIENT
ts, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement,
and SU"ECIPIENT shalt so inform each employee organization and each
employee who Is Wred or retained under this Agreement. SUB-RECIPIENT shall
not represent or otherwise hold ova itself or any of its directors, officers, partners,:
employees„ or agents to be an agent or employee of the CITY OF ANAHEIK
§144. Corditio P mt to E ec on of Thl, remnant
SUiI- REGIPIcN `shalt provide copies of the foitoWng documents to the CITY OF
ANAHEIM, unless otherwise exernpted.
A. Grant Assurances in accordance with section 4150 of this Agreement attached
hereto as Exhibit C and made part hereof,
B. Certifications Regarding Ineligibility, Suspensaan and Debarment as required
by Executive Order 12549 in accordance with Section 415Al2 of this
Agreement and attached hereto as Exhibit A and made a part hereof.
C, Certifications and Disclosures Regarding lobbying In accordance with Section
4150 of this Agreement and attached hereto as Exhibit B and made a part
hereof. SUB - RECIPIENT shall also file a Disclosure Fort at the end of each
calendar quarter In which there occurs any event requiring disclosure or
which materially affects the accuracy of the information contained In any
Disclosure Form previously filed by SUB - RECIPIENT.
Il
�iwf�n� A��i�yic�s -�t� e€ Pf�cauiz� c�
The term of this Agreement shad cammence on January 9, 2043 and end can
March 31, 2444 or upon the final disbursement of all of the Grant Amount (as
defend In Section 301) and any additional period of 4irne as is required to
complete any necessary close out activities, Said term Is subject to the
provisions herein„
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or senrces
purchased With grant funds and in accordance with grant guidelines set
forth above; or, b) reimburse SUB - RECIPIENT for purchase of authorized
equipment, exercises, services or training upon receiving prtnr written
approval from CITY or its deslgnse and to accordance with grant guidelines
and In full compliance with aff of the SUS -R CfPtEN'f s purchasing and
bidding procedures. SUB.RECIPIENT shag specify the equipment,
services, exercises and training to be purchased using the Application for
Ptoject Pending. A paper copy of this document will be provided to SUB -
RECIPIENT by 01TY, In addition, a compact diso with a copy of the
document will be provided to SUB - RECIPIENT by CITY, If additional
copies of the document are needed, SUB - RECIPIENT may contact the
Anaheim Grant Coordinator and It will be provided.
S. SUB-RECIPIENT Mall provide any reports requested by the CITY regarding
the performance of the Agreement. Reports shall be In the form requested by
the CITY, and shall be provided in a timely manner,
B. The Authorized Equipment List (AEL) Is s list of the allowable agu3pmant
which may be purchased pursuarA to this Agreement and Is located at
hjtaxkb ,u�, and incorpomted to this Agreement by reference. A
copy of the AEL shag be retainers in the AnaheWSanta Ana Grant OW".
Unless otherwise stated in program guidance any equipment acquired
pursuant to trek Agreement shell meet all mandatory regulations and/or
DHS- adopted standards to be eligible for purchase using grant funds, SUB-
RECIPIENT shall provide the CITY a copy of its most current prowrement
guidelines and follow its own procurement requirements as long as they
meet the minimum federal requirements. Federal procurement requirements
for the FY 42 UASI Grant can be found at 2 Code of Federal Regulations
(CFR) Parr 225 "Cost Principles for State, Local, and Indian Tribal
GovemmenW and 44 CFR Para 13 "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local mments,"
t
Any equipment acquired or obtained with grant Funds,
1. Shall be made available under the California Disaster and CK41
Defense Master Mutual Aid Agreement In consultation with
representatives of the various fire, emergency medloal, hazardous
matedals response services, . and law enforcement 49WCIOS Within
the jurisdiction of the applicant;
Z Shah be consistent with needs as Identified In the National Prlorltles
and Core Capabilities, the State Homeland Security Strategy and the
AnaheimiSanta Ana Urban Area and Orange County Operational
Area Homeland Security Gnints Strategy; and deployed In
conformance with those plans;
1 Shall be matte available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Alt Agreement
and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Low Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Alf Man,
4, Shall be subject to the requirements of Tniie 44 CFR Part 13,32 and
13.33 For the purposes of this subsection, "Equipment" is defined as
nonexpendabie property that Is riot consumed or does not lose Its
identity by being Incorporated into another Kam of equipment, which
costs $5,000 or more per unit. or Is expected to haven a useful life of
one (1) year or more, Rama costing less than $5,000, but falling into
the following categories are also considered Equipment;
{1 }electronics communications equipment for stationary or veNwiar
use, Including cellular Istaphonse acquiveri by lease or purchase, and
(2) electronic office equipment, Including faosinge machines,
copiers, electric typewriters, personal computers (monitors and
CPU's), terminals and printers;
t- 'f Y Y -!Y i♦ f
! V•. f tl i♦ R X t e
•' i f i V ! ♦ 4 i i
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description of the Item of Equipment, (b) manufacturer "s model and
serial number, (c) Federal Stook number, national stock number, or
other identification number, (d) the source of acquisition of the
Equipment, Including the award number, (a) date of arquisition, (f)
the per unit acquisition coat of the Equipment, (g) records showing
rrraintenarCe procedures to keep the Equipmenit In good running
ruder, and (h) location and condition of Equipment. Records must be
retained pursuant to 44 C.F.R. Part 1142, and Ofifca of G &T.
0. All equipment obtained under this Agreement shall have an ASAUA
Identification decal affixed to it and, when practical, shall be affixed
where g Is readily visible.
9. A physical Inventory of the Equipment shall be taken and the results
rewricl ad with the Equipment records at least once every year.
inventory shall also be taken prior to any U3ASI, State or Federal
monitor visits.
10. $Ujil- RECIfr04T shaft exercise due care to preserve and
safeguard equipment acquired with grant funds from damage or
destruction and -shag provide regular maintenance and such repairs
for said equipment as necessary, in order to keep said equipment
continually, in good working order. Such maintenance and servicing
shall be the We responsibility of SUB-RECIPIENT, who shaft
assume fug responsibility for maintenance and repair of the
equipment throughout the life of said equipment,
D. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed to FY 2012 Homeland Security Grant Program, as set forth above.
All training expenses must be pre - authorized by Cal -MA at
hdpdMwwvfirstmspondertmiNng .govladmin, A catalogue of Grantor
approved and sponsored training courses is available at
http taw .fntresponderb,aining.govfodp webtarms.
E. Any exercise paid pursuant to this Agreement shall conform to the guixleilnes as
listed In FY 2012 Homeland Security Grant Program, as set forth sbcva.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at httplihseep dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines
as grated in FY 2012 Homeland Security Grant Program, as set forth above.
G. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY 2012 Homeland Security Grant Program, as set
forth above.
ZO
§301, Pa cant of Grant Funds and CAaLb fro Favment
A. CITY many, a) transfer to SUB - RECIPIENT, equipment or services purchased
with gram funds; or, Ill reimburse SUB - RECIPIENT for the purchase of
auth orizad equipment, exerts, services or training upon receiving pdor written
approval from CITY or its designee and in accordame with grant guidelines and
In full compliance with all of the SUB-RECIPIENTS purchasing and bidding
procedures. SUB - RECIPIENT shall specify the equipment, exercise% services
or training to be purchased using the Application for Project Funding. A (raper
copy of this document will be provided to SUS - RECIPIENT by CITY. In
addition, a compact disc with a copy of the document will be provided to SUB-
RECIPIENT by CITY If additional copies of the document are needed, SUB -
RECIPIENT may contact the Anaheim Grant Coordinator and it will be
provided, Funds may be used for planning, exercises, organizational and
training activities, and the purchase of equipment as described in Section 202
above,
B. SUB - RECIPIENT shall provide quarterly Invoices to the CITY requesting
payment and all supporting documentation. Each reimbursement request shall
be accompanied by the Reimbursement Request for Grant Expenditures
(attached hereto as Exhlb2 0) detailing the exper4tures made by SUB-
RECIPIENT as authorized by Section 202 above, Each reimbursement request
shell be submitted electronically at Mps1i38184,19W, For equipment for which
SUB-RECIPIENT is requesting ratrribursement, as appropriate back-up
documentation must be attached to the reimbursement fora, including
invoices, proof of payment packing slips, and Equipment Reimbursement
WarksheeL For training reimbursement$, SUB-RECIPIENT must include a
copy of any certificates issued or a copy of the class roster verifying training
attendees. Proof that a CWEMA tracking number has been assigned to the
course, tirrtesheets and payroll registers for all trar�mg attendees, racelpts for
travel expenses related to the training, and Training Reimbursement
Workshoet. For regional project reimbursements. SUB- RECIPIENT must
Include approval from the lead agency for all submitted Invoices,
C, Payment of final Invoice shall be withheld by the CITY until the SUB-
RECIPIENT has turned In ak supporting documentation and completed the
requirements of this Agreement,
M It is understood that the CITY makes no commitment to fund this
Agreement beyond the terms set fortft herein.
E. Funding for all periods of this Agreement is subject to the continuing
availability to the CITY of federal funds for this program. The Agreement may
be terminated Immediately upon written notice to SUB - RECIPIENT of a loss or
reduction of federal grant funds.
M
Ali Wes or subtitles appearing herein have been inserted for convenience and
shag not be deemed to affect the meaning or construction of any of the terms or
provisions hereof: The language of this Agreement she# be construed according
to its fair meaning and not strioily for or against ether peaty. The word
'Sub- recipieW fir and in any amendments hereto Includes the parry or
parties Identified in this Agreement. The singular shall Include the plural; if
there Is more than ona Suh- recipient as Identified herein, unless expnrssly
stated otherwise, their obitgations and Itabil ties hereunder shall be joint and
several, Use of the faminine, masculine, or neuter genders shall be deemed to
include the genders W used.
M a
Each party`s performance hereunder shalt comply with all applicable laws of the
United States of America, the state of California, and the CITY. This
Agreement shell be enforced and Interpreted under the taws of the State of
California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local goverment
having jurisdiction over this Agreement, the valdily of the remaining portions of
provisions shll not be affected thereby.
This Agreement sets forth a# of the rights and duties of the parties with respect to
the subject matter hereof, and raplacas any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only by a written Instrument executed by both parties hereto.
in the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall Incur any
liability to the other parties as a result of such decay or suspension.
Circumstances downed to be beyond the control of the pathos hereunder shall
Include, but not be limited to, acts of God or of the publkc enemy; tnsurrectlon;
acts of ft Federal Goverment or any unit of State or Local Government In
either sovereign or coritraotuai capackly, fires, floods: epidemics, quarantine
4
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.r
restrictions; strikes, freight embargoes or delays in transportation, to the extent
that they are not caused by the party's wififul or negligent acts or omissions and
to the extent that they are beyond the per tys reasonable control.
kept for excusable delays, if any party fails to perform, in wholo or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by It be untrue, any aggrieved pasty may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and reemedia$ are
cumulative of those provided for herein except that In no event shall any party
recover more then once, stiffer a penalty or forfeiture, or be unjustly
compensated.
SUB-RECIPIENT may net, unless It has fist obtained this written permission of
#hs CITY.
A. Assign or otherwise alienate any of Its rights hereunder, Including the right
to payment; or
B. Delegate, subcontract or ather Mso transfer any of its duties hereunder.
§41M RRmfts
SUB-RECIPIENT and its officers, agents and employees shall oktein and
maintain all permits and licenses necessary for SUB-RECIPIENT performance
hereunder and shag pay any fees required therefore. SUS-RECIPIENTfurther
certifies to immediately notify the CITY of any suspension, termination, lapses,
non ronovols or restrictions of licenses, certificates, or other documents.
§408. N9ndiscriminallon and A rmgtive Aotiran
SUB - RECIPIENT shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, the
State of Cat3famia, and the CITY. In performing this Agreement, SUB-
RECIPIENT shag not discriminate In Its employment praclics s against any
employee or applicant for employment because of such person's race,
religion, national origin, ancestry, sex, sexual orientation, age, physical
handicap, mental disabifty, marital status, domestic partner status or medical
condition. SUB- RECIPIENT shall comply with Executive Order 11M.
entitled "Equal Employment Opportunity," as amended by Executive Girder
11375, and as supplemented in Department of labor regulations (41 CRE
Bart 60)1
E
If required, SUMECIMENT shall submit an Equal Employment Opportunity
Plan ( "EEOP") to the OOJ Office of CMI Rights ("OCR ") In accordance with
guidelines listed at htfp.*I Mww.ojp,usdol.gov /ocrleeop.htm,
Any subcontract entered into by the SUB- RICIPIENT relating to this Agreement,
to the extent allowed hereunder, shall be subject to the provisions of tfris § 408.
§400. Bemis
SUB - RECIPIENT must purchase a performance bond for any equipment Rem
over $250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds.
§410.. Indemnification
To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend,
and hoW harmless the City of Anaheim, its officers, agents, employees,
representatives and designated volunteers from and against any and all claim,
demands, defense nests, or liability of any kind or nature arising out of or resuitirng
from, or any way connected with SUB - RECIPIENTS acts, errors or omissions in
the performance of SUB - RECIPIENT'S services or use of grant funds under the
terms of this Agreement,
§411. Conflict of Interest
A. SUS - RECIPIENT covenants that none of Its directors, officers, employees, or
agents shalt participate in selecting, or administrating any subcontract
supported (in whole or In part) by Federal funds where such person Is a
doctor, officer, employee or agent of the subs ntractw, or where the selection
of subcontractors Is or has the appearance of bell motivated by a desire for
personal gain for themselves or others such as famiy business, etc„ or where
such person knows or should Have known that:
1, A member of such person`s Immediate family, or domestic partner
or organization has a financial Interest In the subcontract,
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
9. The participation of such person would be prohibited by the
California PolRioal Reform Act, California Government Code
§87100 at seq. If such person were a public officer, because such
person would have a "financial or other interest° to the subcontract.
H. Definitions;
1. The tern immediate family" Includes but is not limited to domestic
partner writer those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter father
in law, mother in law, brother in law, sister in law, son in law,
daughter In law.
tt
2, The tea? "finanolaf or other Interesr Includes but is not limited to:
a. Any direct or Indirect financial Interest In the specific
contract, inckidtng a commission or fee, a share of the
Proceeds, prospect of a promotion or of Mrs employment,
a profit, or any other form of financial reward.
b. Any of the following Interests In the subcontractor
ownorsblp: partnership Interest orother beneficial interest of
Ave percent or more, tmvrrmamNp of fire percent or more of
the stock; emooyment In a managerial capacity;. or
merns ership on the beard of directors or governing body.
C. The SUB - RECIPIENT further covenards that no officer, director, employee, or
agent shaft solicit or accept gratuities, favors, anything of monetary vakre from
any actual or potential subcontractor, suppfter, a party to a sub agreement, for
persons who are othenvIse In a position to benefit from the actions of any
offacar, employee, or agent).
D. The SUB - RECIPIENT shall not subcontract with a former diroctos, officer, or
employee wd Nn a one year period following the termination of the relationship
between saki parson and the Contractor.
E. Prior to obtaining the CI1YS approval of arty subcontract, the SUB-
RECIPIENT shaft disckase to the CITY any relationship, financial or
otherwise, direct or indirect, of the SUBAECIMENT or any of Its officers,
directors or employees or their immediate family with the proposed
subcontractor and its officers, directors or employees.
F. For further clarification of this meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and gnus
of the SUBAECIPIENT, State of California, and Federal regulations
regarding conflict of Worest.
G. The SUB - RECIPIENT warrants that It free not paid or given and v tt not pay or
give to any third person any money or other consideration for obtaining this
Agreement.
Fl. The SUB - RECIPIENT covenants that no member, officer or employee of
SUB - RECIPIENT shall have Interest, direct or Indirect, in any contract or
subcontract or the proceeds thereof for worts to be perronmed In connection
with this project during hisftenure as such employee, member or officer or
for one year thereafter,
t, The SUB - RECIPIENT shalt Incorporate the foregoing subsections of this
Section Into every agreement that I eaters into In connection with this project
and shell substitute the term "subcontractor" for the ter "SUB- RECIPIENT"
and "sub subcontractor" for "Subcontractor".
12
§412. Restrictyrn on isctosuaes
Any reports, analysts, studies, drawings, information, or data generated as a
result of thfs Agreement are to be governed by the Callfomia Public Records Act
(California Government Code Sac. 0250, at sag.).
§413, Statutes and Requiatkuns A jWgjgBjgLaTq Contracts
A. SUS- RECIPIENT shalt comply with all applicable requirements of slate, federal,
county and SUB- RECIPIENT laws, executive orders, regulatlons, program and
administrative requirements, policies and any other requirements governing this
Agreement. SU8- RECIPIENT shall comply with state and federal taws and
regulaions pertaining to labor, wages, hours, and other conditions of
employment. Si - RECIPIENT shay comply with new, amended, or revised
taws, regulations, and/or procedures that apply to the performance of this
Agreement. These raqUrements include, but are not limited to:
1,% f. o.a p e fr Circ ors
SUB- RECIPIENT shay comply with OMS C4rculars, as applicable.
OW CircL4arA -07 (Cost Principles for State, Local, and Indian
Tribal Governments, relocated tot CFR Part 225), OWM Circular A-
102 (Grants and Cooperative Agreements with State and Local
Governments, found in 44 CFR Part 13 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Govemmentsj; Qir1B Circular A -133 (Audits of States, Local
Governments, and Non -Profit [Organizations.
1 Si_ t? i LAudit Act
If Federal funds are used in the performance of this Agreement,
SUB - RECIPIENT shall adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec, 7501 et seq.. and any
administrative regulatlon or field memos implementing the Act.
When reporting under on the FY12 UASI Grant Program render
the Single Audit Act, SUS-RECIPIENT shall use Catalog of
Federal Domestic Assistance (CFDA) Program Number 974067
'Homeland Security Grant Program', Grant Identification
Number 2012-07123; and tdontify the City of Anaheim as the
Pass - Through.
3. 6Mdoans with Dlsabiffiies Act
SUB - RECIPIENT hereby certifies that it will comply with the
Americans vMh Disabilities Act, 42 USC §§ 12101, at sue, and its
implementing regulations. Ste-- RECIPIENT will provide reasonable
accommodations to alWi qualified individuals with disabidites to
have access to and to participate in its programs, services and
activities in accordance with the provisions of the Americans with
13
M
Disabilities Act, SUB - RECIPIENT will not discriminate against
parsons with disabilities or against persons due to their relationship
to or association with a person with a dlssblhly. Any subcontract
entered Into by the SUB-RE IPIE"-ht't', relating to this Agreement, to
the extent mowed hereunder, shall be subject to the provisions of
this paragraph:
4. Pofllical and SeMnan Actfvl Pmh cited
Nom of the funds, materials, property,or services provided directly or
Indirectly underthis Agreement shah be used fcrany partisan poldlost
activity, or to farther the election or defeat of any candidate for public
office. Neither shad any funds provided under this Agreement be
used for any purpose designed to support or defeat any pending
iegistatfon oradmintsimtive regulatton. None of the funds provided
pursuant to this Agreement shall be used for any sectarian purpose or
to support or benefit any sectarian activity.
If this Agreement provides for more than $100,0M In grant funds or
more than $150,000 in loan funds, SUB - RECIPIENT shall submit to
the CITY a Certification Regarding Lobbying and a Disclosure Form.
If required, in accordance with 31 USC §1352. A copy of the
Cedtficate is attached hereto as Exhfblt B, No funds will be released
to SUS- RECIPIENT untJ the Certification is €lad.
SUB-RECIPIENT shall fete a Disclosure Form at the end of each
calendar quarter In which there occurs any event requiring disclosure
or which materially affects the accuracy of any of the information
contained In any Disclosure Form previously filed by SUB-
RECIPIENT, SUB - RECIPIENT shag require that the language of this
Certification be included in the award documents for all sub•awerds
at all tiers and that all subcontractors shag certify and disclose
accordingly,
.. b-
At any time during normal business hours and as often as the CITY,
the US, Co mptroter General, ardfor the Auditor General of ft
State of California may deem necessary, SUS-RECIPIENT shall
make available for examination all of its records with respect to all
readers covered by this Agreement. The CITY, the U.S, Comptroller
Generat andlor the Auditor General of the State of California shall
have the authority to audit, examine and make excerpts or
transcripts from records, Including SUB - RECIPIENT'S invoices,
materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement,
14
i
6. Records fulelotenamce
Records, in their original Farm„ shalt to maintained In accordance with
requirements prescribed by the CITY with respect to all matters
covered on fie for all documents specified in this Agreement.
Original forms are to be maintained on file for ail documents specified
in this Agreement. Such records shall be retained for a period of
three (3) years after termination of this Agreement and after final
disposition of aft per &V matters. °Pending smatters" include, but are
not limited to, an audit, Rogation or other actions: Involving records.
The CITY may, at its discretion., taM possession of, retain and audit
sold records. Reooids, In their original farm pertaining to matters
covered by this Agreement, shall at ag times be retained within the
County of Orange unless authorization to remove there is granted in
writing by the CITY.
7, Subcontracig and Pmourarnent
$US- RECIPIENT shall comply with the federal and SUB -
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall Include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
SUS - RECIPIENT shall ensure that The terms of this Agreement with
the CITY are Incorporated into all SubcontractorAgroaments. The
SUB - RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the re of ary furufa to The
jUbi;oniractor. The SUB - RECIPIENT shall WthhoW funds to any
subcontractor agency that falls to comply wide The terms and
conditions of this Agreement and their respective Subcontractor
Agreement,
8, Labor
SUS - RECIPIENT shaft cornply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§47284763) relating to
prescribed requirements for merit systems for programs furl
under one of the 19 statutes or regulations specified In Appendix A
of OPbt`s Standards for a Mar'ot system Personnel Administration
(5 C.F.R. 900, Subpart F).
SUB-RECIPIENT shall core ly, as applicable, wish the provisions of
the Davis- Bacon? Act (49 U ,C. 276a to 2T(3a -7), the eland Act
(40 U.S.C. §276c and 19 U.S.C. 74 , the Contract Work and
Safety Standards Act (40 U.S.C. §37.393), regaradlniii labor
standards for laderally- assisted construction sub - agreements, and the
Hatch Act (6 USC § §1591 -1509 and 7324. 7329).
SUB- RECIPIENT shall comply with the Federal Fair Labor Standards
35
i
Aef &29 USC §241) regarding wages and hours of employment, None
of the funds shall be used to promote or deter Unioriliabor organizing
activities. CA Gov't Code Sec. 18645. et seq.
SUB- RECIPIENT shall cornpiy with all Federal statutes relating to
nandischmminallon. These include but are not limited to; (a) This VI of
the Civil Rights Act of 1904 (P.t.. 88.352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX
of the Education Amendments of 1972, as amended (20 U,S.C.
§§1881 -1683, and 1885- 1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) The Age discrimination act of 1975, as
amended (42 U.S.C, §§6101 - 0107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P,t.. 92- 255), as amended, relating to nondiscriminaWn on the
basis of drug abuse; #) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabliftation act of 1970
(P.L. 91 -616) as amended, relating to riondtscdrnlnation on the basis
of alcohol abuse or ai000hollsm; (g) § §5223 and 527 of the Public
Health Service Act of 1912 (42 U,S.C. § §290 dd-3 and 294 as 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title \411 of the Civil nights Act of 1966 (42 U.S.G.
§§3601, at seq.), as amended, relating to non - discrimination in the
sate, rental or financing of housing, (1) any other nondiscrimination
Provisions in the specific statutes) raider which application for
Federal assistance is being made; 0) the requirements of any other
nondiscrimination statutes) which may apply to the appkatim and
(k) P,L. 93-348 regarding the protection of human subjects involved
In research, development, and related activities supported by this
award of assistance.
10. ga&QOMLnAI
SUB - RECIPIENT she# comply, or has already complied, will the
requirements of Titles it and III of the Uniform relocation Assistance
and ReW Property Acquisition Policies Act of 1970 (P.L. 91.646)
which provide for fair and equitable treatment of persons displaced
orwhase property is acquired as a result of Federal or federally.
assisted programs. These r airements apply to all Interests in real
Property acquired for project purposes regardless of Federal
participation in purchases.
SUB - RECIPIENT shall comply with environmental standards which
may be, prescribed pursuant to the following. (a) institution of
environmental quality control measures under the National
Environmental P014 Act of 1969 (P.L. 91 -190) and Exertsive
Order (EO) 11514; (b) notification of violating facilities pursuant to
IS
x
EO 11738; (c) protection of wetlands pursuant to ED 1199D; (d)
evaluation of flood hazards in floodplairas In accordance with EO
11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Mane
ManagememAct of 1972 (16 U,S.C. § §1451, at seq.); (f)
conknTilly of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. § §7401, et saq:); (g) protection of
underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523), (h) protection of
endmVerad species Mier the Endangered Species Act of 1973,
as amended (P.L. 93205) and () Flood Disaster Protection Act of
1973 §1 02(a) (PL. 93 -234).
SUB - RECIPIENT shall comply with the wield and Scenic Rivers Act of
1966 (16 U.S.C. §§1271, at seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
SUB- tIECtPIENT shell comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.G. § §4801, at seq.) which prohibits the use of
lead. based paint in construction or rehabilitation of residence
structures.
SUB - RECIPIENT shall comply with the Federal water Pollution
control Act (33 LIZ, C. § 1251, at seq.) which restores and maintains
The chemical, physical and biological Integrity of the Nation's waters.
SUB - RECIPIENT shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized In the accomplishment of
this project are not listed in the ErnAronmental Protection Agency's
(EPA) fist of Violating Facilities and that it will notify the Federal
Grantor agency of the r#cW of any communication from the
Director of the EPA Office of Federal Activities indicating that a
facility to be used In the project is under consideration for Usting by
the EPA.
By signing this Agreement, SUS - RECIPIENT ensures that 4 is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21 ODi), et seq. and is not Impacting the
environment negatively.
SUB - RECIPIENT shall complyy with the Energy Policy and
Conservation Act (P.L. 04- 1'63.89 &st 871 j-
SUS-RECIPIENT shat comply, If applicable, with the provision of the
Coastal Barrier Resources Act (P.L, w -M) dated October 19, 1982
V 16 USC 35D1, at. seq.), whth prohibb the expenditure of most new
aderai funds within the units o the Coastal garner Resources
System.
17
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Standardized Emergency Management System (SEMS)
requirements as stated In the California Emergency Services Ace,
Government; Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
OCR Tale 19, % 2445.2448.
Provisions of 44 CFR appliaabte to grants and cooperative
agreements, Including Part 18, Administrative Review Produres;
Part 20, Criminal Justice Information, Systems; Part 22,
Confidenpailtyof identifiable Research and Statistical Information;
Part 23, Criminal intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, NondiscaininaWn on the Basis of Disabili
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I
Department of Personnel Administration Rules and Regulations,
PML 97 -424, section 699410, dated July 1, 1907 and Section
599,631, and as amended from time to time.
3. nco iag„cg
SUB-RECIPIENT understands that failure to comply with any of the
above assurances may result In suspension, termination or reduction
of great funds, and repayment by SUS - RECIPIENT to CITY of any
unlawful expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the CITY to sign corialn promises regarding the way the Grant Funds would
be spent, (Grant Assrsancesl, attached hereto as Exhibit C. By signing these
Grant Assurances, the CITY became liable to the Grantor for any funds that
are used in violation of the grant requirements. SUB- RECIPIENT shalt he
liable to the Grantor for any funds the Grantor determines SUS - RECIPIENT
used in violation of there Grant Assurances, Stiff - RECIPIENT shall Indemnify
and hold harmless the CITY for any sums the Grantordeformines SUB-
RECIPIENT used In violation of the Grant Assurances.
§414. Ev_dmLSftjmdJ&qaLIm
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT" as
an independent party and not as a CITY emoDyee.
§41fi Inverriwns Pp artsahts
i
A. Rg orti Pmcedrsre f m
If any pft4set producers any invention or discovery (invention) patentable or
otherwise under We 35 of the U,3. Coda, including, without limitation,
processes and business methods made in the course of work under this
Agreement, the SUB - RECIPIENT shall report the fact and disclose the
Invention promptly and fully to the CITY. The CITY shall report the fact and
disclose the Invention to the Grantor. Unless there is a prior agreement
between the CITY and the Grantor, the Grantor shall determine whether to
seek protection on the Invention, The Grantor shall determine how Use rights in
the Invention, including rights under any patent issued the n, will be
allocated and administered In order to protact the public interest consistent
with the policy ( "Policir') embodied In the Federal Acquisition Regulations
System, which is based on Ch, 1B of title 36 U.S.C, sections 200, at see,
(Pub. L. 95 -617, Pub. L, 98-620,37 GFR part 401); Presidential Mornorandurn
on Government Patent Policy to the Heads of the Executive Departments and
Agencies, dated 211811983X and Executive Order 12591, 4110187, 52 FR
13414,3 CFR,1987 Comp„ p. 220 (as amended by Executive Order 12618,
12122187.52 PR 48661, 3 CFR, 1987 Comp., p• 262), SUB-RECIPIENT
20
hereby agrees to be bound by the Policy, and will corrtractuaily require its
personnel to be bound by the Poky.
B. Rights to Use levant' n
CITY shot have an unencumbered right, and a non-exclusive, irrevocable,
royalty- free license, to use, manufacture, improve upon, and allow oitters to
do so for all government purposes, any invention developed under thts
Agreement.
C, Ge�tSVrtc�t Pol cv
1. Union otherwise provided bythe terms of the Grantor or of this
Agreement, whon copyrightable material (Watedal") Is developed
under this Agreement, s author or R CIV, at the CI*S
discretion, declines
copyright - CITY shal have an unencumbered rig
A a non-exclusive, inevocable, . yalty- free license, to use,
Improve a# and allow others Y i# .+ for all
govomment purposes, any Matedal developed under this Agreement,
Z The Grantor shall have an unencumbered right, and r o
Ihviocabl% royalty-free license, to use, manufacture, Improve upon,
and allow others to do so for aff govermnent purposes, rte .
Oevefoped under or any Copyright purchased
this Agreement.
comply 1 SUS-RECIPIENT shall
Ott, M
3•q i.
21
It is the policy of the 017Y to provide minority business enterprises (MBEs),
women business enterprises BEs) and all other business enterprises an equal
opportunity to participate It the per€armvnce of all SUB-RECIPIENT contracts,
including procurement, mmstruction and personal serutces, This policy applies to
all Contractors and Sub- Contmaors,
22
3
V
DEEA—ULTS. SUSPENSION. TERMWA -nON AND AMENDMENTS
§501. 2efau1j
Should SUB - RECIPIENT fait for any reason to comply with the contractual
obligations of this Agreement vAtthin the time spectiled by this Agreement, the
CITY reserves the tight to terminate the Agreement, reserving all rights under
state and federal law..
Any change In the terms of this Agreement, Including changes In the services to
be performed by SUS - RECIPIENT and any increase or decrease in the amount of
compensation which are agreed to by the CITY and SUB -RECIP €ENT shall be
Incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
SUB-RECIPIENT agrees to comply stiittz all future CITY Directives, or any rules,
amendments or requirements promulgated by the CITY affecting this
Agreements
41
vt
This Agreement contains the full and complete Agreement between the two
potties. Neither verbal agreement nor ccmversation with any officer or employee
of either party shag affect or modify any of the terms a conditions of this
Agreoment.
This Agreement is eKecsuted in two (2) duplicate originsis, each of which is
deemed to be an or gitnai. This Agreement includes twenty -five (25) pages and
three (3) Exhlbits which constitute the entire understanding and agreement of the
parties.
24
37
IN WITNESS WHEREOF, the City and CITY OF NEWP,')Rr BEA(H have, ruujsi,d
Agrf cnwm 1c) ho� executod by their dulynuthorved on the date fil'at sal
fohh atx)vci,
ATTEST:
1, inda N Andm�
ck'A' of tho C'�wdl
REGOMME,NrE D FOR A PPROVAL,
John VVcKcr
Chlidfof Pollre
APPROVW A!� TO FORM,
Kdslm
Sr A sislanl (,AyAllorney
CITY OF WHOM, ii ;-,iurvupii� Uipifabon
of the, slato 0 calillmil
Ptah S°�'�r�egtanr[xita
G�y Mana�pr
SUB-RUAPE NT
CITY OF NEWPORT BEAC"Iti
sy� .... ... ....
Printed Nome
TWe
APPROVED A§^--) FORtvl
......... .
printc!"i Nalre
EXHIBIT A
CERTIRCATION REC,MING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulationa piled below to doorminn the certification to which thcy are
requircd to attest.. Applicants should also rcvivw the inseraet[ons for cenifieation included in the regutatdons
before compictittg this In= Signature of this Ions growldcs fua compliancc with Wificatian requirements
under tae applicable CFR covering New Restrictions as Government -wide Mbarntcnt and Suspension
(i onproeuresncat). The certification shall W treated as ra material of fact upon which reliance
wig be placed when the Agency daternalacs to award the cevutad transaction or MLtruivc !.s= -nest.
As requited by Executive Order 12549, Doliermcnt and Suspension, and implemented under the applicable
CFR, far proslacdive participants in covered t a suctions, ast4efrned in theapphcablc Celt
A, The applicant uxrtat'its t'aat it and its principals:
(a) the not pctscotty debarred, suspended, prupostxl for debarment, . declared ineligible, sentenced
to a denial of Federal benefits by a State of Federal court, or voluntarily cxcludcd train covered
transactions by any Federal department or agency;.
@t Have not within a three -year period preceding this application been convicted of or had a civil
ludginens mdened against them for onnunissiort of fraud or a crindnal offense in connection
with obiai
i. By s4aiang and etrbnEfttng this document, the prospacchro recpram of Fades$ assistance furrde is
provid6erg the cartiihationas set out derow.
2, the motilicatian In this clause Is a. materiel representation of tact upon wht b rimer s was placed
wham this transaction was antared Into, it it is later determinad that the prospoc*e racdglant of
Fedsral assistance funds ii,"Ingiy rendered an etrcmous tonifIca5m in add ifiOn to other remedes
avaiable to the Federal t overnmont, live department or agency with which this Iranaaction orliansted
may pursue avapatfa`rant I s, mci'uding suspension and crr alebarmant.
3, The prospective recipient of Federal assistance funds shalt provlda immediate written rm> oo to ens
"men to whom this agreenwor is entered, Nat any time ttut prospective raddpient of Fadermt
assistance funds teams that ds: carliticatlon was erroneous, when submitted or ties become
erroneous by reason of changed ca4autnsiarrC.es.
4. The terms"tcovared tr,onseefion, "debarred. ""tiuspanded," insligblm, "lower tier covered
transacticm. " "partkdpaw p arsert,*"{ trdmary Covered transectarin , " "palrtaipai, °" 'opR?sat,'"and
"volurdar'sy excluded, "as used in tuts clause, have the mosaaings set out to the DefurrRMS and
Coverage seetioras of nees ouldementing EKocaativa Outer 12541
5. The prospeave rsciplent of Federal assistance We agreas by submitting this proposal that, should
the proposed covered transeellon be entered brio, it shag not knowinWy antar into any Saver tier
covered tramsactktn with a person who Is debarred., suspended, dec€ fired irielloltfo, orvorunMly
excluded from participation in this covered transaction, unless authionod by tins, department of
agency withwlwctt this namW originated.
B. the prospective reciplent of Federal assistancefurds further agrees by submitting pas propose? that
N WO include did clause triad "Cenlflvallon Regarding Debarment, Suspension, tretagibit4y and
Voluntary Exrdusion i,owarTer Covered T'ransactions,'w4hout modification, ineb lower her cowered
`....e
and in ail sdfdCH iris for low tier covered transactions,
7. A participant N a covered transaction may rely upon a oamtMoation of a prospectve participant in a
rotor tier covered transaction that it is not debarred, suspended, inatiliblo, or voluntatiy, excluded
from the covered thonsacfiur, untess k knows that the cardt'icalion Is enonecws. A paillceaull may
decide the methftd and fraquerwy bywhich It determines Iheadigltdlityof its p6m:4 ais. each
par£eGipani may, but is not required to„ nttock the List of Part3as, Excluded from Procaremant or lNan:.
prlcuremant emawl.
g. NothingoonlailnedintheftaegakngshagbaconstruedtorerecireoslaWishmordofasystemofrecmcs
in order to render in good faith ins cerfincadon required by this clause. The knowledge and
Information of a Participant iw raottagril rid to excsad that which is normally Possessed by a prudent
person in the ordaiary course of business dealings.
9, Except rot transactions autharizad under Paragraph 5 of these Insiruotions, it a participant !no
covered transaction knowingly entars into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or vtaainiary excluded from participation in this bansacton, in
addition to cater remedies available to the federal Government, the department or agency with"[on
Inks transaction originated may pursue avaiable remedies, Including zusprmsion OrWor debarment,
27
l'`
The undersigned Certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid. by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an offfcar or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, AcoMinuation,
renewal, amendment, or modi6cabon of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have item paid or will be paid to
any person for Influencing or attempting to influence an officer or employes of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal c ontraot, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Farm LLL °Disclosure Form to report Lobbying" in accordance with its
instructions
3. The undersigned shall require that the language of this certification be inducted in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements.) and that all
subrecipents shall eartify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or enterer! Into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 3352
"fide 31, U,S. Cade, Any person who falls to file the required serf floation shall be
subject to a civil penalty of not less than $10.000 and not more than $100,000 for
each such failure..
AGREEMENT NUMBER
(SAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
29
4/
EXHISITC
Callfnrata Emergency Mauagetneut Agency (Cal ENA)
PY 2912 Grant Assurances
(Ail HSGP Applicants)
Namc of Applicant; .................._
Address:
City: State: 7apcorim,
Telephone Number ... ................... Fax Number �,.,�„,,..., .... ..
F -Mail Addrass.
A:s fire fluty authorised representative of the app3 cant, i coni£fy that the appliowu mated above:
1. Will assure that Steal funds will support efforts related to providing an integrated
mechadsm to rudau^e the sooxdination of national pr or$t)�efforls to prevent» respond to,
and remover tram unrvrist attacks, major disasters and other cmorgencies,
2, Has the regal authority to apply for Federal assivancc and bra the institutional, managerial
and Financial capability to eosin proper planning, management and completion of the
great provided by the U,S, f eparmont of homeland Security (f3)i47ur and Fancrgrsnc},
Management Agency (FEMA) and sub granted dlarough the State ofColifranuA, California
Emergency Management Agency (Cal BiA),
3. Will assure that grant funds am used for all€rwable, fair, and reasonable its only and will
not be umisfunrod between giant programs (f°orexnmple; 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 ru=t ng commitments included in the I"Y2012Investment
Justifications submitted to DIiS#FEMAJCal EMA, witere appIlcable.
5, Wdl give the Federal gownummi. the Olmarld Accounting Office, the Comptroller Gcnc"i
of the United States, the State of California, the t)ffwe of luspemor General, through any
authorized represomatdve, access to, and lire right to examine, all ,paper or elecusime
records, books, or documents related to the award; and will establish a proper accounting
system in a+aFordaace with generally accepted accomarog standords minor awarding
agency directives,
6. Agnes that funds utilized to establish orealuame State and Easel fusion ceniets musts
supp rrt the development ofa sormeriite f'vuon process that emsespomtls with the Global.
Jastu'£liia eland Security Advisory Council (ASAi:) Fusion CcnterGuis dims, follow
In Federal aced State approved privacy policies, and achieve (mt a minuoum) baseline level
of capability as defused by the Fusion Capability planning Tool.
?. WilI provirte progress repots, and other such information as may be r4 uired by tic
awarding agrvrcy, including the Initial Strategy lutplcmcivatdr +n Plan (ISIP) within 45
(forty -five) days of One award, and update via the Grant Reporting Tool (Gtt.T) twice each
Year,
8 W ill nutaatc and complete the work within the applicable time burns aficr receipt of
approval (trim Cal I MA.
9.. Will maintain procrerluses to rnisimlze the time elapsing between the award of furaip and
the disbursement of futile.
29
deb, Will oumplywitb all provisions ofDHStFt MA "s wdiired regulation X44, Pan 13„ Uniform
Administrative Raquirenu n s; for0r nts and Cooperative Agreements to $fate and Local
4oveimrtents, including the payment of interest inived or advamw%..
11. Will comply with all provisions of49 CFR,3I.2, federal Acquisition kegulations(FAR),
Cotiftects. with Commercial Organizations,
11 Will establish sa:cguards to prohibit employees froan using their positions for a purpose
that conslnulas, or prescuts the apps antic of, personal or organizational conflict of
interest, orparsonal gain for themselves or onions, particularly those with wham they have
family, business, or other tires.
93. Uni arstands and agues that Fedc]a1 foods will not be used, direetlyor indirectly, to
support the ..emiclownst. raped, molificiation or adoption of any law, iii;%lukion, or policy. at,
any level of government, without the "press prior written approval fsons VHS)TTMA+Cai
Mh
14. Agrees brat, to the "tot contractors or subcontractors am utilized, will use small,
mitumny- owned, worn o- owned, or ih advaotapd business concerns and contractors or
sultoorunciors to tbo extent practicable,
15. Will notify Cal JIMMA of any dcvti 4 moms that have a signihcatn impact on award -
supported activities, including changes to hey program staff.
16, Will comply, ifapphcable, with the Lead-Based paint Poisoning;. Preventum Act (4211.5 C
§§ 4901 et scq.) which prohibits the use of lead based paint in wastru idon; or mbabititation
of structures.
17. Will comply with all Federal and State Statues roaring to civil Right$ and
Nondiscrimination. These include, but are not Rallied to:
a. Title VI of the Civil Rights Act of 9944 tp' f. 68 -392), as tuncnthid, which
ptvh hits disanninstiort on the basis of race, color or national origin.
b, Title lX. of the Education Amendments of 1972, as amended (20 U.S,C. 1681 -
1683 and 1655 - 1656), which probdals discrimination on theliasis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794
which prohibits discrimination on the basis ofhandieaps.
d. The Age. Discrimination Act of 1975, as amcaded (42. U.5.C, §# 6101 -6107),
which probibbs discrimination on the basis of age,.
e.. The Drug Abuse Mae and Treatment Act of 1972 (M 92.255), as amended,
relating to nondiscrimination an the basis of drug abuse,
f TheComprtitensive Alcohol Abuse and Alcoholism Prcvcoumi Treatment and
RahabilitarionActgf747ff(P.l 9i 6I6),asatacnded relating to
ra ndiscreadnation on the basis ofalcohot abuse or alcoholism,
g. §¢ $23 and 527 of the Public Health Service Act of 1912 (42 U.S C, 290 dd -3 and
299 ce 3), as amended, retailing to confndetuoibty of alrobed and drug abuse palicul
records..
h. Tine V M of the Civil Rights Act of 196E (42 U.S.C. § 3601 at seq), as amended,
relating to nondiscrimination in the sage, ]trust or Financing orhousirg
L Title 44 Cade of Federal Regulations (CYR) parts 7, I6, acid 19 running to
nondiscrimination.
j. The requ cements on any other nondiscrimination provisions in the specific
slawws) under which the application for Fedtrai assistance is banig, ruidc.
k, Will, it the evrm t8at a Federal or State court or Federal or State administrative
agency makes a landing of discrimination after a dugs process hearing on the
grounds or'=a, color, religion, national origin, gender, or disability against. a
30
recipient of fitted-., the incipient will forward a copy of"the fndmg to the Office of
Civil Rights, Office ofIataduoPrograms,
1. Will provide an Equal Employment Opportunity plan, irapplicahle, to the
Departmota of Justice Office of Civil Frights within 60 days of grrrnt award.
nL Will cotnply, and assure the compliance ofoll its suhgrontoes and con roctors, with
the nor fi er minadon regatromeats and all otltermovisions o. °the certain edition
ofthe Office of,iusiicc Programs financial and Adtienisttative Guide for Grants,
M'710&L
13, Will comply with the ref uitrtncnta of Titles II vW 19 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Atli of 1970 (42 U,S.C: ¢ WI at seq.
(PS.. 91.4461) which provides for fair and equitable treatment of persons diapitKVd or
wh000 property is aoqui cd as a result of Federal or Federally assisted programs. These
requirements apply to off ianerested in real propartyacquired for project purposes
regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part
25, Uniform Relomtion A.,misucce and Real Pmpony Acquisition for Federal and
Federallyassimad programs,
19 Will comply, if applicable, with the food insurance pureluise requirements of Section
IO2(a) of the shoot( Dusosler Protection Act of 1473 (P.L. 93»234) which requires recipients
in a special floor( buaaad arcs to participate in the program and to putc' base flood insurance
if the food crest of Wearable construction and acquisition is ten thousand dollw ($10,0 00)
or more.
M Will comply with all applicable Fedcral, State, and Local environmental and historical
preservation (Flip) requirements. Failure to meet Peden#, State, no Local EHR
requirements stud obtain applicable pcmaits may joopsolize Federat fund€ag, Will comply
with aft conditions placed on any prajrct es the result of the EHP review; any change to the
scope of work of pnaject will require reevaluation ofeomplianee with these F3IP
requirements,
21, W ill comply with all provisions of DHSfr") hiNs codified regulation 44, hart I 0,
Euvironmcmal Considerations.
22. Agrees not to undertake any project having the potential to impact the FKP resources
without the prior written approval of`DlISTfiMVC al EMA, including, but not limited to,
ground disturbance„ construction, modification to any sovertim, physical security
whancemmits, communications towers, any structure over 50 years old, and plachase
and/cruse of .any sonar equipmeaL The subgramee must comply with all conditions and
restrlctoas placed on the project as a resell of the Sip review. Any construction. Misted
activities initiated without the necessary MIP review and approval will noolt to a
noneomplianco finding, and may not be eligible for reimbw°semcnt with DRSIF'.EMAICAl
1 MA funding. Any change to tae scope of work will require ra- mivattan of compliance
with the EIW1 If ground.riisuniong activities occur during the project imphmurttfalion, the
s ubgranteeunist ensure raonitorungof the disturbance, Vany potential archeological
resources are discovered, rise subgramce will brimcduatety cede a activity in that area and
notify DHSIVLMA/C.al EMA and the appropriate State Historic Preservation Office,
23. Any construmiott activities that have been initiated prior to the full cavironiannal and
historic preservation review could result in non-compluanee finding, grauiees must
complete the PEMA DIP Screening Form (OMB Number 166"11$TE MA Form 4124.4-
43) and submit it, with all supporting documentation, to the GPD SM tease at
GPDEHPb%fcx„n"jf6ma,dts.3.ov for review.
31
44
24. Graxtaces should submit the PEMA ERP Screening Form for each project as seen as
possible upon receiving their grant award. The Screening From for these types ofprojects
is available at:
wow. fexna. govldor�goventmwatV�antflwl6ctinslinfo329 finat_scrc�eaiag mcma.doc
25. Wit I casure that the facilities under its ownership, lease or supervision, which shall be
utilized in the accompluiluncol of this project, are are on the. Environmental Protection
Agency's (EPAs) List of ViolatingFacilitties, and will Wi fy Cal EMA and the federal
Grantor agency ofthe receipt of any communication from the Director of the "A Office
of Federal Activities indicating ifs f xilky to be used in the project es under consideration
for listing by the EPA,
26. Will provide any information requested byDNSWO- INCalEMAto ensure compliance
with applicable laws, including the hallowing,,
a. Institution of caviraruncntal quality cnatrol measures under the Archaeological and
Historic Pir4omation Act, F.nduogored Species Act, and Executive Orders on
Fl odplains (I1488), and Environmental justice (Et}12999) and Environmental
Quality (E1711514).
b. Notification of violiding facilities pursuant to ED i 1738.
c. Assurance of project consistency with the approvui state management program
developed under am Coastal grin Management Act of 1972 (16 U.S.C. J¢ 1451 el
wq.).
d. Conformity of Federal actions to State (Chrur Air) Implementation Plana under
Section 176(c) of the Glean Air Act of 1955,4s amended (42 U.S,C. § 7401 ct scq).
c. Protection of undcrgmund sources of drinking water under the Sara Drinking
Water Act of 1474, as amended, (P.L.93.523).
f. California Environmental Quality Act (CF.QA). Calilbmis Public Resources Code
Sections 21080 - 21098, California. Code of Regulations, litre 14, Chapter 3 Section
150()Q.15007,
g Wild and Scenic Rivers Act of 1468 (16 U.S.C. §g 1271 ct.seq.) related to
protecting components or potential componcros of The national wild and scenic
rivers system,
h. Applicable provisions of the Coastal Barrier Resources Act (P.L.97- 348)dated
October 14..,1982 (16 USC 3501 ct seq.) which prohibits the expenditure of most
new Federal floods wither the snits of the Coastal Barrier Resuurees System,
27. Will comply with Standardized Emergency Management System (SWM S) roc rirements as
stated in the California EveargenayServices Act, Govcmmcol Code, Chapter 7 of Division
t of Title 2, Section 8607.1(c) mad CCR Title 19, Sections, 2445, 2446, 2997, and 2448.
2S. Agicec that all publications created orpublished with funding under this Vacd shall
prominently contain the following. statement: "Mis document was prepared under a giant
from FEIMIA's 10mat Programs Dircetorato, US, Department of Homeland SecurSty. Points
of view or opinions expressed in this document are those of the audh on and do net
necessarily represent die official position or policies of FEMA's Grant Programs
Dircctorutc or the U.S. Dcpar ocni of Homeland Security." The reeipient idea agrees thug
when practicable, any equipment purchased with grant funding shall be proa mucutty
sharked as follows: "Purchased with funds provided by the U.S. Department of Homeland
5eceuity "
29. Acknowladges that DIiSIFEMA msarvcs a. royally -five. nonexclusive, and irrevocable
Home to reproduce, publish, or otherwise use, and authorize others to rue, for pectoral
government purposes: a) the copyright in arty work developed under an award or sub-
award: and h) any rights of copyright to which a recipient or sub- rncipiaxt purchases
ownership with Federal support.
32
'4/
30. The recipient aspects to comah with DIiSTEMA1Cal EMA regarding the allncaticn of any
potent ri$lus that arise from, or at purchased with„ I[ths funding and has requested through
the Steve of California,. Federal financial assistance to be used to perform elig€ble work
approved in the submitted application for Federal assistance and alter the roccipt of Fodcrut
financial assustasite, through the stateofcahforom, agrees to the following:
a. Promptly return to the State of Catifornio all the funds raceiFod which exceed the
approved, actual expenditures as accepted by the federal or State government,
L In the event the approved amount of thin great is reduced, the reimbursement
applicable to the amount of the reduction will be promptly relbndod to the State of
California.
t:.. Proproytegutpneem purchased under the IISGP Taverns to Cal EMA if the grant
funds amdcobtigatcd disailowtttandior mat promptly repaid.
d. HSOP funds used for the improvement of real property taunt be promptly repaid
following dcobligation/disallowmeni of costs or Cal MA reserves the tight to
plate lien on the property for the amount owed.
e. Separately account for interest earned on grant funds, and will return all imemst
turned, in excess of 5100 per federal Fiscal rear.
3 1 W ill comply with the lntcrgt uer m ogtal Peraoamei Act of 1970 (42 U.S C Urdims 4128-
4761) rd sung to prescribed standards forwent systems for programs funded under<am of
the itinerant statutes or regulations speciftod in Appendix A of OPNI's Standards for a
Merit Syalean of persecuted Administration (5 C.F.R. 900, Subpart F),
32. Will comply with provisions of the klatch Act (5 U.S.0 Sections 1501-1509 and 7324-
7728) which limit the political activities of employees whose principal croployareai
activities arc funded in whole or in part. with Federal funds.
33. Will comply, if applicable, with the Labora nny, Animal Welfare Act of 1966 (P.. L. 89 -544„
U amended, 7 U S.C. 2131 at say.) pertaining to thecuae hearding, and treatment of warm
blooded animals held for research, teaching; or other activities supported by this award or
assistance.
34. Will comply with the minimum wage and maximum hour ptsrvisiom of the Federal fair
Labor Standards Act (29 U'.&C, 201), as they apply In employees of institutions ofhightcr
education, iioipmils, and other non profit organh ationsz.
35. Agrees tisal "Classified na #iona9 seen ty information," as defined "sn E ecuticc tlr lcr (El y
12958, as amended, means information that has been determined pursuant to E0 1295 t or
any prodacassnr• order to requite projection against unauthorized disclosure and is mar'rod
To indicate its classified status when in documentary form. No f inesas under this award
shall be used to supplest a contract, satinwood, or other agreement for goads or services that
will include seem to classified nations[ security infornmation ifthe award recipient has not
been approved for said has aeocss to such information.
36. Agrees that where an award recipient has Been approved for and has scows to classified
rational security infonnatixut, on hurting under this award shall be used to support a
conlruvl, subawead, orotfitr• ignocamairl for goods or services that will include access to
classified national security information by the contractor, sabawaniee, or other einby
without prior written approval from the DDS Office of Security, Industrial Security
Program Branch (ISPB), at %an appropriate ofirc€ d within the federal department or
agency with whom the classified effort will he performed. Such contracts, su"bnwards, or
other agreements shall be processed and adoinisteratd, in accords ee with the DH5
"Standard Operating Procedure&, Classifeed Contracting by States end Local Epalhies,'
dated July 7, 2ODS, Eels 12829,12958, 12968, as amended; the National lat#ustrial Security
33
Progmm OperathigManuk( NJSPCM ); and/motherappiicabte impterocating directives or
instructions. All security roquimment documents are located air
btip.drib'ww,dhs,:Sovliopnbix pants,"t;sdexaskm.
37, immediately upon deteradiamioa by ti e asuurd rr>tipicmt That funding urdivr this award will
be used to support surds a contract, sulatiward., or offer agmemedt, and prior to execution of
any actions to facilitate the acquisition of such a seorttaet, subavvsrd, at other aigrremc »t,
the award recipient shalt coriact ISPB, or the applicable Federal department or agency, for
approval and processing instructions,
WS Ol ice of Security ISPB contact in(mma(mu
Tciepitecm, 702. 447.3346
Email: f} 17254, AiiattiExia1rativeSwcearaa7Y (zdlcs,gou
h1wilt Delsam a u of Somalian: Sammy
Office of vita Chief sccnr[ty {3iiaxr
ATM., ASi711adustriat Srcurf y Pragearn Branch
washugto% MC. 20528
38. Agrees with the tequintru zts regarding Data Univenal ]Numbering System (3}M)
Numbers, nuumbng If recipients arc authorized to make subawards under this aysod, they
(rust notify paternal subrecepicros that rso entity (see in paragraph C of this
award terra) may rmoivts or m4e a subaward to any entity unless the entity has provided
its DUNS number. For puipoaes of this award urns, the following definitions will apply:
a. ` "Data Universal Numbering. System (I7UNSI" number means the nine digit
number established and assigned by Dun and'Bradstroo, Inc. (D&B) to uniquely
identify business entities. A DUN$ number (nay be obtained from Ik@..B by
talephorm (currently 866. 705 -57t t) or the Internet, currently at
bitWItedgoudubx intalweblierrm
b "limity "., as 4 is used in this award term, means all of the following, as aerated at 2
CFR part 25, subpart C. as a Governmental organization, which is a Stale, local
government, or Winn Tribe; or a foreign public entity; or a domestic or foreign
nonprofit organization; or a domestic or total go far -pmGg organization; or
Federal agency, but only as a sub recipient under an award or mbawmrd to a non.
Federal entity,
C. "Subaward, means a legal inammend to provide support firrthe performance of
any portion ofthc substantive project at program for which you rorrived this
award and that you as She recipient award to an tligiblo submcipicoL 14 does not
include your procurement ofproptaty and services nocded to oury out the prajcet
or program (for Anther explanation, sec Soo, 210 of the attachment to OMB
Cucular A -133, "Audits otSunes, Local Govctmnems, add Nom - Profit
4' JrgonizaitisoW) and may be provided through any legal atdeamt m, mrbudsng art
agmanent that you consider a Contract,
d. "Subm0pieat" means an eraity that receives a suboward from you under this
award; and is Aea`.tm rdabio to you for Lhe use of the Federal funds provided by the
subowaed.
34, Will epmply -, . as applicable, with the provisions of the Davis -Damn Ant (40 U.S.C. Section
275a to 276r -7), the Copeland Act (40 U,S,C. $action 276c and 18 U.S.C. Sections 874),
and the Contract Work (tours and Safety Standards Act (40 U.S.C. Sections 327 -333),
regarding labor standards for Federally- awkied construction sub agrftmteaus.
40.. Agrees (bait
a, No Federal oppruptitood fluids have been paid or will be paid, by oron behalf of
the undersigned, to any period for mflumvimger attempting to Influence an officer
oromploycc ofauy agency, a MembercfCongress, an officer or omployaenf
34
147
Congress, or an employee of a Member of Congress in oonnecnon with the making
ofany Federal grant. the ruining into of any cooperative agreement, and the
exteasma, combination, renewal, amendment, ormodt @cation of any Federal grant
or coopennive agrecuum.
b. Ifany, other funds than Federal appropriated (antis, have been paid or will be paid
to any person for influcrtcnigor attempting to influence as offices or employee of
any agency, a Member ofCoagress, on oflicsr or an amplayee of Crisrgress, or
employeeoPa Member of Congress in connection with the Fedcwl grunt or
cooperative ngreetrreal, the undmigned shall complete and submit Standard Farru
LLL, ` "Hisdcisare of Lobbying Activltics," in accorr4ezwe with its instructions,
c. The t m §dined shall require that the languago of this c;cttificroura be urclta ed in
the aw=ard documents for all sub awards at all ticra including suhgraws, contracts
under grants and comparative a$zoameats, and subcoattact(s) and that all sub
recipients shall certify And disclose accord' €ugly. This certification is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of Out certification is a prerequisite far making
or catering into this trimina kin imposed, by section 1354 Title 31, US, Code. Any
person who faits to file the requited certification shall be subject to a civil penalty
of not lessit= $10,000 and net as than $10li,00Dfrucoch such failure.
A.
b.
41, Agrees that funds awarded under this groat will be used to suppinment existing funds far
program activities, and will not supplant (replace) non- Federet hinds..
42. Agrees that equipment acquired or obtained with grant funds;.
V. Will be made available pwsuard tit applicable Across of the Cis€ FOrnia Disaster and
Civil Defame Master Mutual Aid Agreement in rransultation with represculauves
of the various fire, omctgcncy medical, baxardous maderisla response services, and
law enforooment agencies within the; jurisdiction ortht appiicin, and deployed
with personnel trained in the use of such cquipmsnt ins meaner oonshnero with the
California law Enfimcement Mutual Aid Plan or the California Fire Services and
Rescue Mutual Aid Plan,
4. lsconsistent with needs as irtemtfted In the State Homeland' Security Strategy and
will be deployed in conformance with that Smnegtr,
4$, Will comply with all applicable Federal statutes, regulations, pollcias, guhlclines and
trgnYramants, inelading {i1vII3 Cirnnlars AIt12 attd A -133, E.i#: 12332 and theturrent
Adinhastrative Requntimtemir, Cost Principles, add Audit Requirements.
44. Will comply with ail provisions oft CFR, includhagr Part 215 Uniforan Administrative
Requirements for Grants and Agivemenaa with Institutions of Blither Education, Hospitals.
and Other Non -Profit Organizations (OMB Circular A. 110); raft 225 Cost Principles for
Stara,, Coat and Wilian Tribal Goverittmeols (OMB Circular A-M Part 220 Out
Princ iplas for Educational Institutions (OMB Circular A -2I); Part 230 Cast Principles.. for
NM- Profit t?rganr ations (OMD C3rcufarA- 12'2).
45. Witt comply with Subtitle A, Title 11 of the Americana with Disabilities Act (AUA) 1990,
45. Agsaes to cooperate with any asssrusmams, national evaluation eilbrts, or information or
data collection requests, mclur4 , but not limited to, the provision ofany intornration .
required for am assessment erevoltwtion orany activities within this Agrccstrent.
35
43. Will comply with Federal Acquisition Regulations (FAR), pact 31.2 Contract Cost
principles and Ptootdrares. Contracts with Commumial Organiratigimc
48, will comply with the financial and admitdstrative requdtemems set forth in the, current
edition of the DDS Financial Management Guide.
49. Agrees that all allocations and use of tattle under this grant will be in accordance with the
PY 2012 Homeland Security Great Program Funding Opportunity Announcement, and the
California Supplement to the FY 2012 Homeland Sixurity Brant Program Funding
Opportunity Announcement. All allocations and use of funds under this gnarl will be in
accardance with the Allacatdans, and use of grant fundhtg must support the goals and
objectives ioeduded in the Stale and/or urban Area Homeland Security Strategies as wall as
lire investments idemifned in the Investment Justifications which were submitted as part of
the California MOI2 Homeland Security Grant Program application. Further, use of
FY 12 funds is limited to those investments included in tore California FYI Investrn=l
Justifications submitted to DHSIFEMAXal F.MA and evaluated through the poet revmw
process.
$0, will not make any award or permit any award (subgrant or contract) to any patty which is
dchacred or suspended or is otherwise excluded from or meligible for participation in
Federal assistance programs tinder Executive Order 42549 and 5248+7, "Debarment and
Suspesesion ". As naluired by Exaautive Order 12549, Debarment And Suspension, and
implemented at 44 CFR part 17, for prospective participants in primary coveted
transactions, the applicant califies ghat it and its principals:
a. Are not presently debarred, suspprtdcd, proposed for leba hero, declared
ineligible, sentenced to a denial of Federal bcaerits by a State or Federal court, or
voluntarily exctudcd. Som c rmcra l transactions by any Federal department or
Agency,
h. Have not within a duec -year pcnod preceding this application tie= convicted of or
Ftad a civil judgmari mndamd against them for commission of fiactd era criminal
offcsase in connection with obtaining, dumpling to ablamn, or porfotrntng a public
(Fodetad, State, or laical) transaction or contract under a public transaction;
violation of Frdcri d or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification ordealrnetdon ofreeards, making false
statements. or receiving su led, pmperty.
c. Arc not presently in dicted for or otherwise criminally or cMily charged by a
governmental entity (Federal, Stale, or font) with commission ofanyortire
offenses enumerated in paragraph (IXb) of this certification; and have met within a
throe -year period preceding this application had one or more public transactions
(Federal, Statc, . or local) rummaged for cause or defaah; and
d. where the applicant is ratable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application..
51. Will comply with All applkabk requircatems of all other Federal and State laws, executivo
orders, regulations, program and Administrative rrqummw ds, policies and any other
requirements governing this pnigeatn.
52. Will comply with the administrative tcgahamords that apply to most DHS award tocipients
through a grant orouoperative agreement arise from two sources, "Office of Management
and Budget (OMB) Camdar A -142, Umlerrat Adounharative Requirements for brunets and
C'ooparativo Agreements to State and Local Csovcrnments (also known as ale "A -102
Cumman Rutu "), found under MA regulations at Title 44, Cade of Federal Reguldicros
( C FR) Pad 1.3, "Unifonse Administrative Requirements for Gwent* and Cooperalive
Agreements to State and Local Governmerim" • OMB Circular A• 110, Unifetm
36
A"j
Administrative Requirements For Grants and Agreements with Institutions ofI gher
Educanr l,4 Hospitals, and Other Non -profit S3rganlz tvtts, relocated go 2 CFR Pan 215.
The requirements far allowable tasisfeost principles are containers in the A -1132 Conmtou
Rule, OMO Circular A -1 14 (2 CFR § 21527), DRS pragrain tcgoslatum, Federal awarding
agency regulations', and the teats and conditions of awl. The four coas principles
circulars we as fallowat - ON$ Circular A -21, Coat Principles for Educational Institutions,
relocated to 2 CFR Part 224. -OMS Circular A-87, Post. Principles for State, Local, and
Inelian'rTibal. Cavern iumi s, relocated to 2 CFR Tart W - OMB Circular A,122, Cost
Principles for Nan - Profit Organizations, relocated to 2 CTK Part 230, —OMB Circular A,
133, Audita of States, Local Govetmnaars and.Nou -Profit Organ masons.
53. Will acknowledge, agree, and require any subrccipicins, contractors, successors,
transferrer, and assignee's acknowledge and agrse -to comply with applicable provisions
poxuming DHS access to CpCxNds, accounts, dpownents. information, facilities, and staff,
a. Rccip cots must cooperate with any complaeoe review, or e ampWin investigation
conducloil by DRS stager Cal Etilk
b. Recipients must give PHIS/Cal EMA access to and she tillbi to examine and copy
records, accounia. and rahtr do natiu us and sources ormfarntation related to glc
Saint and pnrnnit occosi to fticihries, personnel, and other indiv ha tsand
information as maybe noaeesary, as required by DIMCA EMA reguLmaions and
otherapploatlek Saws or progiamgnidaroce,
C, Recipients must submit timely, compose, and accurate reports tattle appropriate
DHSCA EMA officials and ma trtasn appropriate hauiatp docur magion to
support thercports.
CL Recipients must comply with all other special repotting, data collection, and
evaluation requirements, as prescribed by law or detailed is program guidances.
c. If, during the past three years, the recipient has been accused ofttisorimmit tin on
the grounds of race, color, national origin (including lirnitad English proficiency),
sari, age, disability, religion, or final W11 status, the recipient must provide a liar of
all such proceedings, pending or completed, including outcome and copies of
settlement agreements to the IIHSXat bMA awarding offaee and the AHS Office
ofClvil Rights and Civil Liberties.
f. In the event any court or administrative agency m 4as a finding oft isccimimation
on grounds of race, color, national origin (lacluding limited English profleleacy), .
sex, age, disability, religion, or hinnhai states against the rccipicat, or the recipient
sculcs a case or matter alleging such disaimmadon„ recipients must forward a
copy ofthe complaint and findings to the DfIS Component andforawarding office,
The United States has the right to sock judicial enforcement of thine obfillichans.
Sv. Abnm that none of the funds provided under an award may be eapenood by the recipient
to pay any penning to influence, or attempt to influence an officer or employee of any
agency, a Member ofCangrrss, an of ieter or employee ofCougross, or an emp6oyee of a
Member of Congnoss in connection with any Federal action concerning the award or
anstewal of any Federal contract, grant, loan, cooperative agrematim. These lobbying
prohibitions can be founder 31 U.S.C. § 1352.
55. Wilt comply with requirements to acknowledge Federal funding when issuing statements,
press rcteascs, requests for proposals, hid invitations, and otherdooumenta dasoribing
projects or programs funded in whole or in part with Federal loads.
Sb. Will comply with requirements that publications orril er exercise of capyrigld for any
work fast produced under Federal financial assistance awards heroin, related inks the
work includes any infcumation that is otherwise o€mt ilhat by the Government be.;.,
elmssified inf enhation at other information subject to ttatlineP security or export control
37
�, Fe
laws or regulations). For any scientific, technical, or other copyright work based on or
contaiuiag data first produced under this award. including those works published in
academic, techmoill ai professional Journals, symposia proceedings, or similar works, the
recipient grants the Government a royahy -free, nonexclusive and inevacsble hear= to
refrrr duce, display, distribt to copies, perform, disseminate, or prepare derivative works,
and to authorize others to do so, for Government purpcies in all such copyrighted works.
The recipient shall affix the applicable, copyright notices of 17 U.S.C. 11401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first
produced under an award.
57. Will obtain DI 'lS's approval prior to using the DI1S sail(s), logos, consul or reproductions of
flags or likenesses of D11S agency officials, including use of the United States Coast Guard
seat, logo, crests or reproductions of flags or hkentstcs of Coast Guard officials,
58, Will r amply with tlsc acquirements that project activities carried on outside the ".inked
States arc count latod as accessary with appropriate government authorities and that
Appropriate liceasesw pertaits, or approvals are obtained.
59. Will comply with the requirements of the Prcfercace for 11.S. Frog AirCarricts: Travel
supported by U.S. Cxrvernmeni funds requirement, . which states preference for the use of
U.S. flag air carriers (air carvers holding certificates under 49 U.S.C. § 41102) for
interactions] air transportation ofpcoplo and property to the extent that such service, is
available, in accord#= with the International Air Transportation Fair Competitive
Practices Act of 1974 (49U,S<C § 40118) and the iaterproative guidelines issued by the
C'omprrailer General of the United Stag in the March 31, 1991, amendment to
Comptroller General Decision $138992.
60. Will comply with the requirement; of the Drug-Free Workplace Act of 1998 (41 U.S.C. §
701 at seq.), which requires that all organizations receiving $roots f can any Federal agency
agree to maintain a drug -five workplace. The recipient must notify the awarding ollico if
an employee of the nunpicnt is convicted of violating a criminal drug statute. Failure to
comply with these r.quin anoms may be cause for debarment These regulations arc
codified at 2 CFR 3001,
61. Will comply with the requirements of the , government -wide award tertu which implements
Section 106(g) of the Trafficking V ictims protection Act (i'VPA) of 2000, as amended (22
U:S.C. § 7104l, located at 2 CFR fart 175. This is implemented in accordanco with OMB
Interim Final Golden=, Federal Register, Volume 72, No,, 218, November 13, 200710
accordance with Section t06(g) ofthe'rVPA, as amended., mqu res the agency to include a
condition that etubmi'tes the agency to mmintate the award, without penalty„ if the
reclpiuid or a ardarmcipmet engages in severe forms of trafficking in persons during the
period of time t11at the award is in effect, procums a commercial sex act during the period
of time that the award is in effect; or uses fo €red labor in the perfoxrvance, of the award or
subawards under the award. Full text ofthe award terra is provided at 2 CFR § 175.15.
62. Will comply with the rmquiaemeats of Tide VI of the Civil Rights Act of 1964 (42 tl.S.C.
2000d at seq.). which provides that no person in the United Stales will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the hcaeftts of
or be stdijected to discrimination under any program or activity receiving Fc&ml iwanalal
assistance.
63. Will comply with Title Vlllofik Civil RigbtsALIorIM , which Prohibits mcipsenls
from discriminating in the sale, rental, financing, slud advertising of dwellings, or in the
provision of services in connection therewith, or the basis of race, color, national origin,
religion, disability, familial status, and sex (42 U.S.C.§ 3691 ct seal), as implemented by
the Department oft 'lousing and Urban Development to 24 CFR Part 100. The prohibition
38
xT
on disability discrimination includes the triluiremtnt that new multifamily housing with
lour or more dwelling unils•i.a., the public and common use areas and individual apartment
units (all units in buildings with elevators and graraeul- tloorumlrs in builifings without
cicvators) -bo designed sad constructed with certain noccasible features (see 24 CFR §
1(X1.201).
64, Will comply with tae requirtuvenrs of Tides 1, 19. and ill of the Amcr'ecans with Disabilities
Net, which probibits recipients from discriminating on the basis of disability in the
operation ofpublie enables, public and private transportation systems, places of public
accomnrodaaion, and certain toning amities (42 U.S.C. §§ 12101. 12213).
65. Will comply with the reyuircomm t of the Age Discrimination Act of 1975 (42 tl,S.C. $
6101 m, seq.), which prohibits discrimination on the basis of age ist any program or activity
receiving Federal financial assistance.
56.. Will comply with the requirements of'ritle tX of rho Education Ansandments of 1972 (20
U.S.C.. § 169t at seq)., which provides that no permit in time United States will, on rise basis
of sex,. be excluded from participation in, be defiled the benefits of, orbe arubjected to
discrimination under any educational prolpam or activity motivag; Federal f varicial
assistance These regulations arc coditicd at 44 CFR Part 19, .
67. Will comply with therequireememsof Executive Order 13166 , Improving Access to
Services for Persons with Limited English. Preficieuoy, and resulting agency guidut o,
national origin and resulting agency guidance, national origin discrimination includes
discrimination on the basis oflimited English proficiency (LEP). To ensure compliance
with Title "J9, . recipients must take reasonable steps to ensure [bat LEP persons have
meaningful access to your programs, Meaningful access may entail providing language
assistance services, including oral and written uanstudim, where maiessary, Rixipictes arc
encouraged to consider the need for language services for LEP persons served or
encountered both in developing budgcts and in conducting programs and oativides. for
astesUmoc and information regarding UP obtigatious„ go to httpWwww.icp.gov.
6$.. Will comply with the requirements of 42 U,S,C. § 7401 ct seq. and Exceptive Order 11738,
which provides for the protection and enhancement of the quality of the nation's air
resources to prourote public health and welfare and for rustoring and maintaining the
chemical, physical, and biological tmcipuy of the nation's waters is considered research for
<aiaor purposes.
69. Will ocmply with the requirements of the Federal regulations at 45 CFR Part 46 and the
requirements in Di S Management Directive 026-04, Protection of Human Subjects, prior
to implementing any work with human subjects, Tbe regulations specify additional
protections for research involving human fetuses, prabmamt women, and neonates (Subpart
Ft}, prisoners (Subpart C); said children (Subpart D), The use ofseaWy materials is
governed by applicable State and local hew and is not directly regulated by 45 CFR Part 40,
70. Will comply with the requirements of the National Farviromate nal Policy Act (NEPA), as
amended, 42 U,S.C. § 4331 ct seq„ which establishes national policy goals and procedures
to prat aad enhance the environment, including protaction against annual disastors, TO
comply with NfPA for itsgrant- tuppuzrta9 activities, D}iS requires the eaavironntemal
aspects of construction grants (and certain nom- construction pro9ects as spoci tied by the
Component and awarding office) to be reviewed and evaluated before final action on the
application.
tw �i
71. Will comply with tho mguimmenisofSection 1306 (c) of the National Flows Iusumucc Act,
as amended, which provides for bandit payments under the Standard Flood insurance
Policy for demolition or relocation of a structure insured under the Act that is located along
the share of a lakeur akhcrbody of water and that is certified by an appropriate State or
lout land use authority to be subject to imminent collapse ox mWilcuce as a resul4 of
erosion or undermining caused by wavesm currents of water exceeding anticipated
cyclical levels.. These regulations arc codi5ed at 44 CFR. Part 63,
72, Will comply with rho rcquhcmems of the Flood Disaster Protection Act of 1973, as
amended (42 USX, § 4001 at seq); which provides the# no Federal fmusual Mi tanor to
acquire, modernize, or construct property may be provided in identified flood -prcmc
communities in the Wind States, unless the community participates in tha National flood
Insurance Program and flood Insurance is purctrasai within one year of the idcnhf1cmion.
The flood insurance purchase requirement applies to both public and Private applicants for
MIS support. Lists of flood prorw areas that are eligible for flood imurtirwa are published
in the Federal Register by'1°'}~.MA.
73. Will comply with the requirements of Executive Order 11990, which provides that
federally funded construction and improvements minimize the destruction, loss, or
degradations of wetlands. 7bc Executive Order provides that, in funhemaace of Section
101(h)(3) ofNTTA (42 t) &C, §1433 1 (bX3)), federal agencies, to the extent perrinn d by
law, must avoid underaking or assisting with new construction located it wetlands miles5
the head ofthe agency finds that these is no practicable alternative to such construction,
and that the proposed action includes all macticabba measures to mhumize ham, to
wet'tamis that may remit from such use. In tusking this Boiling, the lhead of the agency rozy
take Into mount economic. environmental, and other pertinent factors. The public
disclosure regsi.imment descries above also perm rrs to early public review ofany plans or
proposals for new construction in wetlands. This is codified at 44 CFR matt 0.
74. Will comply with the rtqufnumu is of the Uniting: and Stnmaildwx ing America by Providing
Appropriate Toole Required to intercept and Obstruct Terrorism Act (USAPATMOT
Act), which amends 19 U.S.C. 6,k 175 -175c, Among other things, it prescribes erimmal
penalties for possession of nay biological agent, toxin„ ordriivetp system of type or in a
quantity that is not reasonably justified by a prophylactic, proactive, hewn fide research,_ or
other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted persons;' us dcriucd by rho act, may not possess, ship, transport, or
receive any biological agent or toxin that is hated as a select agent.
75. Understands the reporting of subawards and cxmiudiwe aocxpa ratan rates, including first
tiersubowards to Cal FMA.
a. Applicability. Unless you arc exempt as provided in paragraph d, of ibis swank
term, you must report each action that obligates $25,00 or more in Federal funds
that docs arm include Recovery funds (as dcleaul in scchon of the
American Rceovoy and Reinvestment Act of 2004,
k, Wham and when to report. you mast report on oaeth ohlillidingaction described in
the following paragraphs to Cat EMA. Far subaward information, report no later
than the end of the month Mowing the month in which the obligation ryas made.
(For example, if the obligation was made on November 7, 2011. the obligation
muss be reported by no later than December 31,2011 j
c. What to mpom Foe must report the information about each obligating action float
the sutmrlssiau instructions posted in Information Bulletin 350, to Cal DMA. To
determine if the public has access to the compensation information, see the t.US.
Security and Exchange Commission total compensation filings at
hop:} twww, err,gavtanswetsfexv^rosnp.Innr. Subgrammes must report subs picas
oxecusiwe total comprusahon to Cal niA by the end of them oath fallowing the
40
5 3
month during which you make the sabawarl. ixempt£ous include: if, in the
previous tax year, yon had gross in one, from At aourru, under $300,000, you are
exempt from the requirements to report on subawards, and the total compensation
of the flue most highly compensated executives of any sumascipicnt..
d. £tcpaating "Fatal Compensation ofRecipient FAcetAivoic You must report total
nompensoUr a for each of year live most hi" compensated executives for the
Preceding completed fiscal year, if
L dattotal Federal funding &uthnrized to date: eider this award is S25,99tt or mare;
ii. io the preceding fisraat year, you rerxived 80 pment or more of your annual gems
rovenucs from Federal plea sect com mots (and subcontracts) and Federal
iimana al assistance subject to the Transparency Act, as defend at 2 CFR 170.,320
(and subawashi); and S25,01)0,00() or mere in annual grass revenues from Federal
proonrar c r: comracts (and subconttams) and Federal financial assistance subject
to the Transparency Acs, as deli£nod at 2 CFR 170.320 (and subawards); and
in. The public does not have access to information about the compensation of the
executives t ewigh periodic repots filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 V,S.C,'78mfa), I$gd)) of section 6104 of the
Internal Rtvemuc Cade of 1986. (To determine ifthc public has access to the
componor ion in formation, sae t3tc U'S. Security and Rachaoge Commission 1081 .
compensation fillings at lntpl wwv y,sca.gav?anaue s csnnp.btm,}
iv. Subrecip£ent Executives. Unless you are exempt as provided above, for eaeh Brat»
tier subrecapicat under this award, you Ooll Mport the manes and total
eatmpensat£on of each of the sulwxiiraaw five must highly ctmpensm[cd
executives for the suboadpica's preceding completed fiscal year, if in the
suleccip#ent's preceding faacal year, the subrcciptett mcc wed 80percmt or more of
its annual gross rrvtxruos from Federal procurcmant contracts (and subcontracts)
and Federal f mancial assistance subject to the Transparency Act, as defined at 2
CFR 170120 (and sabawsrds)„ and $25,000000 or more in annual gross revenues
from Federal procurement contraris (and aubeonitacts), and Federal financial
assistmuws subject to the Transparency Act (and subawards); and the public does
not have access to information about the rcratpausatfiou of the executives through
periodic reports filed undersec[iot 13(a) or 15(d) oflhe Securities Exchange Act
of 1934 (IS USC 78m(a), 78o(d)) or section 5) 04 of the Internal Revenue Code
of 19M.
76, Understands that failure to comply with any of the above assurances may result in
suspension, termination, or reduction of Went funds,
I'$rc undersigned represents that hetebe is authorized by the above reamed applicant to enterlmto this
agreement for and on behalf afthe said applicant.
Signature of Authorlaad Agetn;_.w,,,,,_,,,,.,_,_,
Printed Name of Autbornod Alain..
"title:.
41
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ATTACHMENT D
(341t t of Newport Beach N4, BA- 13SA -035
BUDGETAMENDMENT
2012 -13 AMOUNT: $51,oaa.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue & expenditure appropriations due to receipt of Urban Area Security Initiative grant funding from the
Calfiornia Emergency Management Agency that will be utilized for reimbursement of training costs associated with approved
Department of Homeland Security courses for emergency response personnel in the Fire and Police Departments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
2335 486E
1820 486E
EXPENDITURE APPROPRIATIONS (3603)
Amount
Description Debit Credit
Description
Emergency Prep -UASI FY12 Training Grant $22,961.00
PD Support Services -UASI FY12 Training Grs $28,043.00
Automatic
Signed: �a6
Signed;
Administrative Approval; City Manager
Signed:
City Council Approval: City Clerk
$22,961,00
$28,043.00
Date
Date
ME
Description
Division
Number
7014
Misc & Studies
Account
Number
C8002032
Fire - UASI 12 Training Grant
Division
Number
7014
Misc & Studies
Account
Number
C8002033
Police - UASI 12 Training Grant
Division
Number
Account
Number
Division
Number
Account
Number
Automatic
Signed: �a6
Signed;
Administrative Approval; City Manager
Signed:
City Council Approval: City Clerk
$22,961,00
$28,043.00
Date
Date
ME
FROM: Fire Department
Scott L. Poster, Fire Chief
949-644-3001, sposter@nbfd.net
Ka3m
Agmfflmmga* I �
Request removal of Staff Report #8, Approval of the Fiscal Year 2012 Urban Area
Security Initiative Grant Program Transfer Agreement and Training Funds, from the
February 26, 2013 Council Meeting. Staff Report will be resubmitted on March 12, 2011
Scott L P,
Fire Chief
�l�r ;1 ill 11 �11 11 111 ii�!Il � 111�!J! lul li� :!�� i ��I!Ijl 111111!11 ill 11 iffijj&TArjr*jWM
FROM: Fire Department
Scott L. Poster, Fire Chief
949-644-3101, sposter@nbfd.net
PREPARED BY- Jeff Boyles, Fire Training Battalion Chief
APPROVED:
TITLE: Approval of the Fiscal Year 2012 Urban Area Security Initiative
Grant Program Transfer Agreement and Training Funds
9;,�
The Urban Area Security Initiative (UASI) Grant Program is designed to address the
unique planning, equipment, training and exercise needs of high-threat, high density
Urban Areas, and assist them in building an enhanced and sustainable capacity to
prevent, protect against respond to, and recover from acts of terrorism, Under the
Homeland Security Grant Program (HSGP) the cities of Anaheim and Santa Ana were
selected as core cities for the Orange County Metropolitan Area and are responsible for
the management and administration of the UASI Grant Program.
MAM0101 WS Mum
Adopt Resolution No. 2013- 20 approving the Transfer Agreement for Fiscal Year
2012 UASI Grant Program purposes ("Transfer Agreement") and authorizing the City
Manager and the Fire Training Battalion Chief 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 California
Emergency Management Agency,
2, Accept the 2012 UASI Grant Fund Training Allocation in the amount of $51,004 to
be utilized for reimbursement of training costs associated with approved Department
of Homeland Security (DHS) courses for emergency response personnel, The City
of Anaheim UASI has divided up the training allocation between the Fire and Police
Departments, The amount of $22,961 has been designated for City of Newport
Beach's (City) Fire Department personnel and $28,043 for the City's Police
Department personnel.
Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer
Agreement and Training Funds
February 26, 2013
Page 2
3. City Council approve a Budget Amendment 13BA- 036 increasing revenue
estimates by $22,961 in 2335 -486E and by $28,043 in 1820 -486E, and increasing
expenditure appropriations by $22,961 in 7014- C8002032 and by $28,043 in
7014- C8002033.
FUNDING REQUIREMENTS:
The UASI grant provided an estimated value of the training that will be delivered to the
City's first responders.
Regional Training Program Terrorism Liaison Officer (TLO) Training Program
Police Department: $26,741 Police Department: $11,754
Fire Department: $21,895 Fire Department: $9,624
DISCUSSION:
The UASI Grant Program was authorized by Congress in 2003, and implemented by the
DHS to help strengthen the nation against risks associated with potential terrorist
attacks. The UASI Grant Program is designed to address the unique planning,
equipment, training and exercise needs of high - threat, high density urban areas, and
assist them in building an enhanced and sustainable capacity to prevent, protect
against, respond to, and recover from acts of terrorism. The urban areas are chosen by
DHS based on a formula that takes into account factors such as critical infrastructure,
population density, and credible threat information. Among other densely populated
areas, the cities of Santa Ana and Anaheim were selected as core cities for the Orange
County Metropolitan Area. They were jointly awarded approximately $4.5 million in the
fiscal year 2012 and are responsible for the management and administration of the
UASI Grant Program.
FY 12 UASI Grant Program Priorities
• Advance "Whole Community" Security and Emergency Management
• Collaboration with Nonprofit Organizations
• Consolidation of Law Enforcement Terrorism Prevention Activities
The City of Newport Beach is considered an urban area sub - recipient under this Grant
Program. Once the Transfer Agreement is approved, the City is eligible to receive
equipment and training funding for fire, police and city personnel that have Emergency
Operations Center (EOC) responsibilities. The training funds will reimburse the City for
any training costs incurred such as tuition, overtime, back fill, and travel expenses for
approved training courses.
Approval of the Fiscal Year 2012 Urban Area Security Initiative Grant Program Transfer
Agreement and Training Funds
February 26, 2013
Page 3
4W.01a1.I&1411ziif- ,WSA9I�T rlh
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).
Attachments A. Notification of Sub - Recipient Award Letter dated January 16, 2013
B. Resolution No. 2013 -
C. Transfer Agreement
D. Budget Amendment
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ATTACHMENT B
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WHEREAS, the City of Newport Beach ("City") has partnered with the cities of
Anaheim and Santa Ana to participate in the Fiscal Year 2012 Urban Area Security
Initiative (UASI) Grant Program. The City will request equipment and training under this
grant that will be used for the public safety of its citizens.
WHEREAS, the City of Anaheim is the administrator of the Fiscal Year 2012
UASI Grant Program. The City is required to sign a Transfer Agreement and the
California Emergency Management Agency Grant Assurances. The City of Anaheim
requires the naming of two authorized agents from within the City to sign these
documents on behalf of the City.
NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City
of Newport Beach:
Section 1: Approve the Transfer Agreement for Fiscal Year 2012 UASI Grant Program
purposes ("Transfer Agreement") between the City and the City of Anaheim attached
hereto as Exhibit 1.
Section 2: Authorize the City Manager and the Fire Training Battalion Chief to act as
the "Authorized Agents" to execute on behalf of the City any actions necessary to
implement the Transfer Agreement and obtain federal financial assistance provided by
the Federal Department of Homeland Security and sub-granted through the State of
California Emergency Management Agency.
Section 3: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
Adopted this 26th day of February, 2013.
MAYOR
ATTEST:
CITY CLERK
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ExhUt A Certifiattsn Regarding Debamient, Susper ion. Ineiigbc'Ilty and
Volunt" Exclusion Lowetrier Covered Transactions
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California Emergency Management Agency *r Y2012 Homeland Security Grant Pregram:
Callipm1a Supplement to federal Program Di4dance and Application Mr
NOW
WHEREAS, this iiran lal assistance Is administered by the CITY OF ANAHEIM
( "CtTt`") and is overseen by the California Emergency Management Agency (°Gal-
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WHEREAS, the Office of Grp ManageMent GW) awarded e FY12 A
Grant of $3,697,738 (iGGrard Funds7) to the CITY OF ANAHEIM, as a Gore tiny, for use
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this AgreemerA and to whom formal notfoes, damards and oommunioations
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Me F EmeTency Coordinator
CITY OF NEWPORT OFACH
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Standardked Emerglency Management
requirements as stated In the d i Chapter y.` ! !n. {. •.ni0 i 4
OCR Ufa 19, SS Z445-24413
Part i Criminal Justice information Systems,
Operating Confidentiality of VerAftble Research and Statistical InformatioN
Part 23, Criminal IntallIgem* System
Intergovernmental Review of Department Of Jostice Programs and
Activities; Pat 35, Nondiscrimination T Y
State 8 Local Government Equal of
Falhbasod Organizations; '
employment Opportunities °4 and Procedures; Y.
Procedures b ♦ m 9 6' {
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Pad 63, FloodplaIn Management and y
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Federal or regulatluns applicable to
federal frm w! L Restrictions 8 8 }P P
Part t Uniform 4d `f} R
Cooperative Agrooments (Including sule-awards) with Irratitudons of
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IN WITNESS WHEREOF, the Qtynmd CITY OF NUMORT BEACH have cqw5ed INs
Aqreernent to he owcuted by thoir duly authprized an the date first set
forth above,
Ln,,Ja N Andai
Clergy of the 03und[
RECONMENDED FOR APPROVAL
John Welter
chlief Of poll e
APPROVFU AS TO FORM:
Kostin Pr it ter
Sr. hss•'stapt Oty Atro,r ;,y
CITY OF ANIAMEMI, a rttunmapat Cervurattoo
of the stnte at Caldomil
City Manager
SUB-RECYPIrNT
CITY OF NEWPORT SEACH
6y:
Printed Name
TMe
APPROVeDASA ,0 5MI
Printed Narry
tons should n *r to the segubuions cited below to determine iita ewtifica[ian to which they are
el to stoat. Applicanra should also review file ianstructiotrs for certification included in the regulations
completing this fence, Signature of this form provides for conaptiame with caattffncatitm rcyuirenents
the applicable CFR covering Now Restrictions oa Govetnoacntbwide Debarment mad Suspension
rocuixanerrr }. Tiro certif€catirm shall to trained as a material mprescrunfim of fact upon which reliance
placed when the Aloploy datorns des to award ilte covered transaction or cooperative a erase t.
As requited by Executive Girder 12549, Dobamund and Suspension, and iutplveanoW under the applicamg
CM for Pm5pedivc participants in covered Lions, eadefned in the Applicable CFR
A. Ucaptitima certifies "it sod its principals:
€a? Are not preaeakiY clobarred, suspe for dubarrtacaat, declattsd imligib* sentenced
to a denial of Foximl benefits by a state or portend court, or voluntarily excluded frora cooded
rrsttsact aria by any Federal at or Agency;.
(h) Have out within a threw year period preceding this application !seen convicted of or had a civil
judgment rendered ageanst them l`or contrulasion of €rated or a criminat offense in connection
with obtaining, attempting to obtain, or pecfatnaiing a public (Federal., State, or local ), traaasachoo
or contract under a public transaction; violation of Federal or state antitrust s# ate% or
connotation of etnlgoodeteent, thell, t°orgery, bribery, rats rwation or deal uctfon or recoosds,
making false stsitemple, or'receiving sollen property;
jcy Are not ptosently induced roror otherwise criminally or civilly cha%ad by a government entity
(Federal State or local) with commission of any of (bese ofieuset enumerated in paragraph (1)
(h) ofthic certification; and
{d} Have not within a three-year period porcodiog this application had ore or boom public
iraneactions; (Federal, state or Jaen[} terminated for camas or def tint;: and
1l, Where the applicant is a sub8e to nortiry to any of thee, smatententa in this monfication. he or She aizalt
attanh rra explanation to this application.
Andress;
AuthoriAcd Agent Signaawc
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Califoruht E margency NIAMpment Agefty (Cal E 4EA)
FY2912GrantAn araurss
(All HSOP Ayp3 -mxft)
Marne of Applicant:.
Address,
Ake Fedua and state appmvcd ptivecy p'el� aad ach (at a minimum) haelm lewei
ofo"biiity as delmed by the Fusion Capabilky Plantaaig. Tool,
7, Will pivvWo pmVr4s mmeis, sod othea such infocsxsa imi as may tae rtqu4vd by the
awat agency, iveludinY the Wei Sirsicyy+,Impiemeniatsan Met (SSIP) swi"
(Cody -fivo) daps ofthe award, and update via tip Gram Rgioains Tool (GM t+wke each
YM,
S, Will initiate and oomp$rtie the work within the appiicebm time faamo after, receipt of
ayProuat from Cal EIw X
9, Will maintain pr000dines to minimi= tbet sme elapsing between she WW, OrAMds 4304
the tha t of furms.
29
10, Will comply with all previsions of TDIIWEMA`s codified regulation 44. Pass 13. Urnimen
AtImmistrativa Requirements foriirants and Cooperative Agreements to State and Local
CkwennOwars, including the payment of interest earned on advancos.
14. WO t comply with all provisiona of48 CTR, 31.2, Federal Aoguishica Regulations (FACT),
Contmoni with corturc vial tkxre.
U, Will establish: saftoards to prohibit employees from using their; positions for a purpose
that constitutes, or presents t3tGapp of; pamumn oras8aatiaatsomtl conflict of
interest, or peasonai gain for thernstives or nuher t, particularly show with whom they have
hardly, busmess, or other ties.
13. Understands and agrees that Federal Punch will teat be and, directly or, indirectly, to
support the amsement, repook ructfif uatioi or Adoption or law, regulation, or policy, at
MY lava ofgrvercuftent, w@them the expre$g PriorWAttea approval freun 0HSTZMAICa
EM&
M Agrees that, to the extent contractors or subcontractors are utilized, will use small,
mitu rhyowned, wotno"wotd, or disadvantaged bu mm corrsxrns and contractors or
sir saatracuors,to the woontpracticable.
15. Will tot* Cal INA of any davatopments Out have a signifioaut impact oo award -
supported act€ hies, including chance to key program staff:
16. Will comply, if applicablce with die Lead-Based Pauc Polsorri $ Prevention Act (42 VA C.
§§ 4801 at scq,) which prohibits the use ofFead hued paint in costramasion or mbabilhation
ofteructures.
17, Will Annoy with all Federal and Stare Stiatuta relating to Civil Rights and
2vorufistrimrratcm. These include, but arc not limited -to:
a, Title vi of 4he Civil nights Act of 1484 (1`1 S8 -352 as amen, which
prohibits discrimination on ft basis of race, color or national origin,
b, TitteiX.ofomEdueation Amondmosts, of19 ,as amended (20U,SwC.§ §1681.
1683 and 1685- 1686), which pnobibils discrimination on the basis of gender.
c. Senian 504 of the Rehahilkation Act of 1173, as amended (29 U.S.C. § 7941
vrluciiprobibits discrimination on get basis ofha '
d, The Age ftiacrimination Act of 1975, as amended (42 d.LSX. §§ 610"107),
wbtch prohibits, diserxminataan on the basis of ar-
c The Drag Abuse t)ffee and Treatment Act of 1472 (P.L. 92-255). as ametded,
relating to nondistumduatioo on the basis of dug abuse
f no Compmhensive Alwhol Abuse And AloohoDie ,rst and
Rehabilitation Act of 1970 (P.1„ 91-616), as arnended, relating to
nondi san The basis ofalcohol abuse or aboholisat.
g. §§ $23 and $27 ofthe Public latulth Stuvico Act of 1912 (42 U S C 290 dd -3 and
2" tea -1), As amen" Mating to cnsttidentialityof alcohol and drug abuse patient
records.
h. `fide VM of the Civil Rights Ass of I"S (4211.S;C § 3601 to seq ), as amorudzd,
relating to nocathscriminatian in the sale, metal or finatutiag of
i, Title 44 Coda of Federal Regulations (CFR) Pasts "7, I6, and 1
recipient of fonds, the recipient will forward a oppy ofthe siad ng to the Office of
Civil ROr$,Offlocor Justice vrov ms,.
1. Will provide an Egual Employment Opparnaoty Plart, if applicable, tothe
Department oflustice Office ofcivil Rightswidinto 40 days Virginal award,.
m. Will comply, and assure the compliance ofall its suhgri ntaaa and contractors, with
the nondiscrimination requiria eats and all other provisions of the current edition
of the Mau of Justice Programs Financial ad Adarniofauative Guide for Grants,
M71004L
18,. Will comply with the tixtima twits of Titles It and III of the Uniform Relocation
Asslxtiece and Rairl property Acquisition. Palkies Act of 1170 (4213,S.C. § 4601 et seq..
[P.t. 91.5461) which ptovida for fair and equitable treatment of persons displocid or
whose preprrty£ s "bud " a result of Federal or federally assisted p .'Phase
requirements apply to all interested in ma property acquired for pmJact purposes
reganitess ofFedarat participation in purchases. Will also cronply wide Thin 44 t FR. port
25, Unifcnrrns Ft4ocatioa Asa stance and Peat Property Acquisition for Federal and
Fodoraily amisto t ptugraats.
M Witt comply, if applicablewitIrthe fbomiinattrauca }'uuttca$erequirementsofS tiara
tp21 a) offfu Flood Disaster Pmteciam Act of1973tlr- 2.234j., which requires riipienis
is a special flood haaaed am to participate in the program and to purchase flood insurance
trine total crust afinsordhlecoa '.. tad acquisition is wo thousand dollm(110.001)
orm.
iii, Will wimpty, with all applicable Federal, Suuo,. artd Local envlreememal and historical
preservatiorn (SHP) mquircmmts, Failure to Meet renfarilk stoic and P.orai.131 -M
"morcmcnts and ttlttale opplicoble permits may,jeopardiae rodent Aetsding. Will Comply
with all conditions placed on any groliccrt as the retort of the EUR review; arty cheap to the
scope ofwrak of apropect will require reecaluatme "compliance with these Ell?
requireraCnit &,
if will comply wills all paoviaions of DF1SIMMA°s codified regulation 44, Part 10,
Eaaviroanmemol Consideration&
22. Apr not to undetudic any project having the porential to impact the Eflp iesourecs
without Sire prior woman approval ofDHSfFMVCA EMA., including, het not found 10.
ground dishatiancc; construction, modification to guy structure, physical sceuml,
ementoisimmu, wome actiticos towers, any stricture over 50 years old, and purchase
mayor Of sonar egttipteaw, -ha subgtntuec must comply with all oandificans real
restrictions placed on the pmjtea as a resits of the HIP review. Any cot errealom- rclawd
activities initiated without dut necessary 1' IP review and approval will scaah in a
noncompliance 13ndiag, and any not be eligible for reimhumm m with MiSIFEMAJCat
EMA fxodimff, Any ahaage to the scope of work will require re evoluation of cornpliatea
with tic EHPk I f gnmoddishubing activities occur during the Project implementation, the
saabpraztteetaustoaamtamonitoriagtifticdi
Ifacypirenthelarchactlegicid
rasourcra art discovered, the subg antes will immediately cease activity in met area and
notify TAISidd »MAICaf EMA and rho appropriate State Historic preservation Oflice,
21 Any construction activitlea that have been initiated prior to the full anvirtemannal and
historic Preservation review taruld result to amr-Compfiance finding. putdoes trust
complete the FEMA 09 Screening Foron tt7W Number f 66"11 MeM Airm 024-0-
01) and submit it, with all supporting documentation, to thcf3PD EIIP team a
Gd't? lipintcn fema,rlfrs,govfor fty .
31
24.. Gorutes should submit die fEMA ERR Saveniug form far encb project as soma as
Possible upon receiving tlusirgrum award. The Screening from far these iypta of projects
is available at:
www' Isms, .govidodgasve men,VV nt{aallelartst'iniontt —fi «al„ ±rma w memos oc
25. Will that An Whites under its owgarship, lease or supervisions, which shall be
oulized in the plishmttrt of" pteajee ,. art one on the Envirort i protection
AgtnWs (EPAs) List ofMoismig FacIars; and will rut4.4 Cal EMA and the federal
Grantor agency ofthe xrcaipt of any communication from the Director of the F.:PA Office
of Fadirid Activities oulllsioni ag ifa facility to be used in the prx�o a is under consalinution
far liAft by the EPA.
26. Will provide any hdommicoairp. try(iHMMAXa9 EMA to ensure compliance
waa& applicable laws, inatmdut8 the fuilowinrg
a, institution of eta tai quabry control meavares, under the Ascluicalaigical and
Historic PreservotionAct ,Eudaageaed Species Act, and Executive Orden on
Fhmdplains (11988), and Pavircorcertud Justice (111312898) and Eavlroura ental
Qualify (EM 1514).
b. hloliftcation of violat.atg facilities porseent to &1311738,
c, Assurance of project consistency with the approved state management program .
devetoped under the Coastal Tune Management Act of 1972 (16 U.S.C. §§ 1451 et
oxt-)�
d. Continually of Federal actions to State (Clean Air) Implementation Plana under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U S,C. § 7401 et sq.),
e. protection of underground sources of 4rinlorg water andair the Safe Drinking
Water Act of 1474„ as amendcd,( f,. 93 -523).
E Cahtlarobt Environmental duality Acs (CF4A), California Public Resources Code
Stantas210W221098, California Code ofItcplations.lsth;K Chapter 35ccton
000- 150177,
g, Wild and Scenic Rivets Act of 1468 (16 U1,17. §§, 1271 vi ftq,) Mount to
protecting comprutnts orpalown i components of the national wild and arctic
rivars system..
h. ApplicabieprovismortiftheCototal Bonier Resources Art CPL, 97.3411)
October 14, 1982 (16 USC 3501 et scq4 which prohibits the eVerafintre almost
new Failail fa ads within she tntifls of due Coastal Harrier Resources S;yst`nt.
27, Will comply with Standardized Emorgerocy Menageraent System (SMMS) taltorarams as
stated in the California Eancrgency Servicsc Act, Govenvocat Code. Chapter ofMvision
1 ni7"ftle 2, Section 86071(u) and CCR rate 19, Soctio s 2445, 2446, 2447, and 2446.
29. Acknowledges that MISJNEMA. noorvas a royalry4hw, nonexclusive, and btevazcable
license to neproduce, publish,. or otherwise use, and authorize othastouse, for Federal
govenuncin purposes: 4) the copyright inanywork doveNiquat under att swan orsub-
award; and b) any rights of copymight to which a=!Plant or sub-ftuipiest pn dram
Ownership Willa federal support.
32
Program Operating Manual (NISPOM)f amUce other applicable hnplotruni ing directives or
imitrucxiour. All :so urisy requirement doacnmoms are located at
hNp'. �Fa° ww, dha ,.9rrti!uthe'gaantmie�s.slrtrn.
37. im eodsatalyrupon determination by the ward recipient that farndingumlcr this award well
tae creed to support such a.. contrast, subawatd, or othcragtvxtaenr, and Our to execution of
any actions tofeellikinc The acquW a of such a contract, .robarvind,ortithene re,
the award racipmat shall contact ISPB, or the opplie Fedarai dalsormem or agency, for
approval and processing.. instntctiow,
MIS Mattes of securely iSPB voctu:t iativawatiom
Toloploa . IO2- 447 -$M6
Brad: OD254AdAUaEesntiv6ft ityz�tdht.go4'
Mail. Npurtatu a of Nmaeternat . Sacesity
ofmlaeChief SatatrityCYar
ATTN. AS al Security Program Oranch
Washington, DC, 201528
M s with the roquiormasai regarding Data Wver ad Numbering System (DLNS)
Numbers, messing ifuzziplorits we authirsized to make srdrawards under this award, they
must Wally, potential suhrotiploves oral as entity (sno definition in ph C of this
award note) may roneivo, or make a subaward to any entity unless the c Ady has provided
its OUNS rmmber, Scar purposes of this award tomes, the f4Alo iti delmitions well apoyi
a. "Baia Vniver W Numbering. Sysuan (DVNsr number means the nine dwt
sumberestablished and assigned by Dun and I3rada=4 Inc. (S7&.6) to uniquely
identify business ent9uzs, A DUN$ number may be obtained dean D&B by
talepbnne (currently $66.709 -S 7I 1) or the Internal, currently at
htt IfTedgovdrd craufnebtosma
b, "F,tt3itY "`, as it is used m this award term„ means all of the fallowing, as drimed at 2.
CPR part 25, subpan C, as a Got ud cr;"hestion. which is a State, local
government, or Indian Tribe; or a foreign public c entity or a domestic fomitpm
nonprofit organization, or a darreatic ortbreiguforprothorgauixat ma;.ora
Forteral agency, but only as a sub.ociprant ruttier an award or subaward to a mm
Federal ninity..
c. "Subawerd " mouse a legal anscnunerd to provide support for the ponfromance of
any parties of the substautiv : princot of prog im fir which you received thi
I
4 1 . Agrees Cloak foods awardtel under this State will be a wd to to eat eaimurg funds for
program activities, moo will not supplant (replace) mo-fedarad finals.
4:, Agrees that equipment acquired orobta€nad with grunt foss
P. Will be made available punumt 1cr applicable aeon $of the California Drainer and
Civil i7efeuse Master Mutual AW Agreement in ea ` on: with repremotatiso
of'the various fire, omurgenn."f medical, 11 s materials VNIPMOO services, end
law enforcement agencies within the (urisilklion of the applicant, and deployed.
with pommel trained In the oat ofsaeh equipment ins mamer conslsteta with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
!fescue Mutual Aid Plan.
d, is oun stdr with at ids as i6nufffied in the State Homeland Security Stmcgy and
will be deployed in conformanetwith Cleat lllsowgy.
41 #d`ill oemply with all applicable Federal statutes, regulations, peal - ides, guid0lines and
nequirewer% including OMB Ch Mars A102 and A -i 33, P-0. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Poluiremals,
44. Will comply with 411 provisions of2 CFR, mcludiW Part 225 Wiloam Administrative
Requirements forGramffiand Admouirm with l asnitutiousofHiglerEducation ,Hospitals,
and Ober Non.Pm41t tlrganirstioes (OM6 Circular A-i 10); Part 225 Coat Principles for
Stan, Local and Indoor Tsi75ap Govenarmas (ON48 Circular A•87); Part 220 Cost
Principles for Educational tastittt ors (0146 Ciroutar A-2 t ); Pang 230 Gust Principles far
Nan -Pwfit Orasnaisation(OM6 Circular A- 122.x.
45, Will comply with Subtitle A, 71do 14 of the Americans win€. i34sabwhtkss Act (ADA) 1490,
4C Agrees ao with cry assumowntS, na umal eveiuet outeilwrCs,. or iufotw"Im. or
data cothimum. requests, iodaih a Mot net limited tea, flit provisim, ofmy infora iume
required fear Uoc. entareviivationof soy activities within this alp tnteat.
KE
$4, Agrees that none of the force provided undra'an awwd my be expended by the recipient
to pay any param to inflame, or attempt to infhteuceao officer "employee otmW
agemy,a Member ofCon ,an offnarr or employee ofC ,oranemployeeera
Member ofCangress in connection wkb any Federal action concerning the award or
renewal of my Federal contract, grant. I ns, cooperative agreement. Those lobbying
proldbitions eon be found at 31 U SRG § 1352.
55. Will crtmnply with requisaxrrearts to acknowledge Fadard funding wbeta issuing aauma es,
grass releases, romocsts £er proposals, bid nvttal uas, andother is describing
projects or program funded in whole or in part with Federal funds.
54. Will comply With - ants that publicatmas or caber exercise of oopyrigtht for any
work ram produced under Federal financial assistance awards iasetsr related unim the
welt includes any idimmian that is - canualled by the Government {a-g.,
classified information or mbar ft4nnation s objem to national security or export control
37
57. will obtain DIMS s "eat prior to ` the DDS spa} lops, crests or mpfoductknu, of
flags or h'kanesses of 1711 a a,Qcaey officials, hichuhng 46e crfthe United States Cast Gueri
Saud, 1000, create Oraepraaduetiods of fins hlwoesscs ofCmA Guard oflIctals,
58. Will of ply With the requirements that project activities carried on ocrtsida the United
States Arai cootdimulad as necessity with siate govommat authorities and that
approprista 1' peratitkor approvals :uastsbud"ed,
63. Will comply with'n(le VII of ilia Civil Rights Act of lam, which Prohibits mcipicrus
diem krseriurttai'sta8 in the sate: naiad, fuaamina, and advenking of dwallipgs, or in the
n` lSiaatofsstvieosineottturiiotttwitlt ,ar6iaebasisofa'aaa,caitir,n
aclision,. diplaciiiy, famllaal stauu-% and sex (42 TJA.Cf 3601 a aeq,), as implemented by
the Department of Housing and Ur t Dewlspmetat at 24 C FR Part 1Q€ The- pro ib €Sion
38
l ''
RE
71, Wilt coo ply with tha requireatems, ofSecaion 1300c) of thn National Flood I auran e Act.
as amendod, which provides for heads payments under the Standard Flood Insurance
Policy for demolition ur relocation of a sutteture iftsmed anderthe Ad that is located along
the ofauke or other body of water and .flat is certified byanu lundcStateor
local land use authority to be subject to mooffient coS€apse or subsidence as a result of
erosion an undermining caused by waves or curneets of water exceeding saWaipatad
cyclical levels. Theae regulations ants codified At 44 CFR Part 67,
72. Will comply with rise requiraments of the Flood Disaster Protection Act of 1073. as
amended (42 US.C. § 4001 at saq.h which provides that no Federal Bnanraal asslstanoe to
acquire. modernize, or construct pro€ ty sway pmvided in identified procar
oiimmunities in the United States, urdess the cwmmnraity participates in the Motional Flood.
Insurance Program and flood insurance is purchased within one year ofthe sden6ifucatkas.
The Road insurance purchase requirnarou applies to hods public and private applicants for
D1 ;S sutmoit. Lou of flotal-prooc ar mi that are eligible roe food immmet ate published
in the Federal Register by FENIX
73. Will Amply with the milieu ranents of Executive Order I IM which provides that
£adera €ly funded caastrueston and f onto minimize the dcairuction. loan, or
dogradaticto of wodands, The Executive Order provides titan, in finithiriance of Section
IM(bX3) of NEPA (42 U&C § 4331(b)(3)), Federal agencies, to the exterd permitted by
law, must avoid undanabing or assisting with new cuccs - located it outlands
the head of the agency Bads that there is no practicable alternative to such connotation,
and that the proposed action includes all practieAble measures to minimize hams to
wodands that tray molt frusta such use, In making this finding, the head of the Agency tiny
take, Into account voomanic. cnviniamentat, and otherpcatiment factors. The public
disclosure rattakement described above also pertains to early public review orany ptaxs or
proposals for new mns#ract on as wetlands. This is oath Fred at 44 CFR. Fart 9.
74. Will comply with the rasymmams racy. of the Uniting and $tCatrgtiteoittg.America by Froviiiing
Appropriate Took Required to intercept and Qbstruua Terrorism Act, (USA PATRIOT
Act), which. amends IS U3,C. §§ 175-175c. Among all= thin,", it prowdties cdominaC
Penalties forposseasiannorany hiclogicat area, toxin, or delivery system ofa t?ype at in a
quantity that is suit reasonably justii%d by a prophylactic, protective, bm+a We mimsch... or
other peaceful purpaae, The act also osbibtishea restrictions on access to specified
materials. "Restriztedpars"s,' as dcr°mcd by the oat, way not posa"a, ship, tranatiom or
recelve anybhatotdcal again or ardo the# is listed as a select ngo nt.
75. Understands the reporting o subewards and executive compensation rates, including fast .
t ersobawards to Cal EM&
a, Appfioidlby, Wass you are exempt as pttauidad is paragraph ti, of this award
term, you must report each action that obfigates $25,OW or more in Federal fiends
that done not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Rauscamicist Act of 20051.
It, Whom Anal Whim to report: you must report one Wh chligating action described in
the fb €Sowing paragratiras to Cal RMA, Forsubaward information, report so later
than the end of the month folkiwitg; the mouth in which the +aMigatuan was made.
(For example, ifthaobligation was made on November 7,2011 , the obligation
mum be reported by no later than December 31,..2011.)
c, What to mimrt. You most report the infomottan about each obligating action that
the subotission instructions posted in Infisneation Bulletin 350, to Cal EMA. To
determine lf the pufiu last Access to the compensation infttrmatlon, see the U.S.
Security and Cxchange CommiaRon tMaO eompattsat on Mings at
hnp; /iwww .sec- pvtaatswewtxeerrrnp.htm. Suirgtantaes must report subrecipieat .
e% to lso total compensation is Cat k2nIA by the and of the month folloasing the
40
41
ATTACHMENT D
2012 -13 AMOUNT: $s�,aa4.oa
EFFECT ON BUDGETARY FUND BALANCE:
8 X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
This budget amendment is requested to provide for the following:
To increase revenue & expenditure appropriations due to receipt of Urban Area Security Initiative grant funding from the
Calfiornia Emergency Management Agency that will be utilized for reimbursement of training costs associated with approved
Department of Homeland Security courses for emergency response personnel in the Fire and Police Departments.
•
BUDGETARY FUND BALANCE
Amount
Fund
Account
Description
Debit Credit
REVENUE ESTIMATES (3601)
Number
C8002032
Fire - UASI 12 Training Grant $22,961.00
Fund /Division
Account
Description
Misc & Studies
2335
486E
Emergency Prep -UASI FY12 Training Grant
$22,961.00
1820
486E
PD Support Services -UASI FY12 Training Gr,
$28,043.00
EXPENDITURE APPROPRIATIONS (3603)
Signed: � d(
G� Finan al Approval. Finance Dir Date
- ,r r
Signed: t s �i ,-; \ i ° kj
C�
Administrative Approval: City Manager Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7014
Misc & Studies
Account
Number
C8002032
Fire - UASI 12 Training Grant $22,961.00
Division
Number
7014
Misc & Studies
Account
Number
08002033
Police - UASI 12 Training Grant $28,043.00
Division
Number
Account
Number
Division
Number
Account
Number
Signed: � d(
G� Finan al Approval. Finance Dir Date
- ,r r
Signed: t s �i ,-; \ i ° kj
C�
Administrative Approval: City Manager Date
Signed:
City Council Approval: City Clerk Date