HomeMy WebLinkAboutC-6235 - Agreement to Transfer Property or Funds for 2014 Homeland Security Grant Program Purposes1 l
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
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FOR 2014 HOMELAND SECURITY GRANT PROGRAM PURPOSES
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THIS AGREEMENT is entered into this day of Iq Ut-,V i 201 ,which
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date is identified for purposes of reference only, by and between the COUNTY OF ORANGE, a political
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subdivision of the State of California, hereinafter referred to as "COUNTY", and
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C01 of NEUpuar -V-iGbW a (municipal corporation/special district/not-for-
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profit corporation), hereinafter referred to as "SUBGRANTEE."
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WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the lead
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agency for the Orange County Operational Area, has applied for, received and accepted a grant from the
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State of California, acting through its California Office of Emergency Services, to enhance county -wide
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emergency preparedness, hereinafter referred to as "the grant', as set forth in the grant documents that are
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attached hereto as Attachments A (FY 14 CA Supplement to the Federal Program Guidance), B (FY 14
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Homeland Security Grant Program Guidance), and C (FY 14 Homeland Security Grant Assurances) and
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incorporated herein by reference.
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WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
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equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
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purposes.
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
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specified in Attachment D hereto, which is incorporated herein by reference. If the grant requires
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COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
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acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after
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acquisition by COUNTY as is reasonably practicable.
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2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant
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funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to
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perform such other grant functions, if any, that Attachments A, B and C permit SUBGRANTEE to expend
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CFDA: 97.067
Homeland Security Grant Program
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grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized
agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
services acquired with grant funds only for those purposes permitted under the terms of the grant, and
shall make it available for mutual aid response.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with
grant funds from damage or destruction and shall provide regular maintenance and repairs for said
equipment as are necessary, in order to keep said equipment in continually good working order. Such
maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
material and labor costs for any maintenance and repair of said equipment throughout the life of said
equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies and/or
services to include but not be limited to upgrades, licenses and renewals of said equipment, technologies
and/or services.
6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded
equipment only in accordance with the instructions of COUNTY.
7. SUBGRANTEE agrees to indemnify, defend and hold harmless COUNTY and their
elected and appointed officials, officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation
famishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of
grant -funded equipment, technology or services and SUBGRANTEE's performance of this Agreement,
including Attachments A, B and C hereto, and from any and all claims and losses accruing or resulting to
any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's
use of grant -funded equipment, technology or services and SUBGRANTEE's performance of this
Agreement, including Attachments A, B and C hereto.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
CFDA: 97.067
Homeland Security Grant Program
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immediately upon discovery that it has not abided or no longer will abide by any applicable provision
Attachments A, B and C hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
I Auditor with respect to this Agreement for a period of three years after final payment hereunder.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
I agreement not incorporated herein shall be binding on any of the parties hereto.
11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
I written consent of COUNTY.
12. For a period of three years after final payment hereunder or until all claims related to this
Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
from which COUNTY received grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual
working hours.
13. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or agencies.
14. COUNTY may terminate this Agreement and be relieved of the payment to
SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement,
including Attachments A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY
loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any
manner deemed proper by COUNTY.
15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: Z _, 201_
APPROVED AS TO FORM:
COUNTY•
By L Jam.:.. J&
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DATED: &W, / Z , 201 y
COUNTY OF
subdivision oef
DATED: SUBGRANTEE
REVIEWED R APPROVED
By: Saott Posts, Fir@ CWQf
By'-- — —
ATTES
By
City"Clerk _
DATED: � _ , 201 J� kNe POR>
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CFDA: 97,067
Homeland Security Grant Program
Department of Homeland Security
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3
By: z-
Atroo C. Harp, Cit Attgy
��// vitt°
California Governor's Office of Emergency Services
FY2014 Grant Assurances
(All HSGP Applicants)
Name of Applicant:
Address:
City: NVYV IE11 I.CW V J State: 111 Zip Code:
Telephone Number:l_I`I ►jW r I ✓ IVJV!/ Fax Number:
E -Mail Address:
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your
award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of
funds under this grant will be in accordance with the requirements contained in the FY2014 Homeland
Security Grant Program Funding Opportunity Announcement, the California Supplement to the FY2014
Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and
regulations.
2. 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 FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is
limited to those investments included in the California FY2014 Investment Justifications submitted to
DHS/FEMA and Cal OES and evaluated through the peer review process.
3. Understands that in the event FEMA determines that changes are necessary to the award document after an
award has been made, including changes to period of performance or terms and conditions, recipients will
be notified of the changes in writing. Once notification has been made, any subsequent request for funds
will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at
(866) 927-5646 or via e-mail to ASK-GMD(a)dhs.eov if you have any questions.
4. 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 Governor's Office of Emergency Services (Cal OES).
5. 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 and Urban Area
Security Initiative) or fiscal years.
6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications
submitted to DHS/FEMA/Cal OES, where applicable.
7. Will establish a proper accounting system in accordance with generally accepted accounting standards and
awarding agency directives.
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8. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States,
the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the
right to examine, all paper or electronic records, books, and documents related to the award, and will
permit access to its facilities, personnel and other individuals and information as may be necessary, as
required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of
grant related records, accounts, documents, information and staff.
9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to 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
or Cal OES.
b. Recipients must give DHS and Cal OES 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
and Cal OES program guidance, requirements, and applicable laws.
c. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance, and recipients must submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation
to support the reports.
d. 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 OES awarding office and the DHS
Office of Civil Rights and Civil Liberties.
e. 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.
10. Will comply with any other special reporting, 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, or detailed in the program guidance.
11. 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) the baseline level of capability as defined by the Fusion Capability
Planning Tool.
12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from
obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban
Area Fusion Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold.
13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in
accordance with grant award terms and requirements, after receipt of approval from Cal OES and will
maintain procedures to minimize the amount of time elapsing between the award of funds and the
disbursement of funds.
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14. Will provide timely, complete and accurate progress reports, and maintain appropriate support
documentation to support the 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 these reports and related documentation via the Grant Reporting Tool (GRT) twice each year.
15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Agrees to be non -delinquent in the repayment of any Federal debt. Examples of relevant debt, include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129 and form SF -42413, item number 17 for additional information and guidance.
17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgrantee, recipient or
subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance.
Administrative remedies may be found in 38 U.S.C. §§ 3801-3812, addressing false claims and statements
made.
18. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of
Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, including the payment of interest earned on advances.
19. Will comply with the 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"), which are also located found within DHS regulations at Title 44, Code of Federal
Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments"; will comply with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations, relocated to 2 CFR Part 215.
20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS
Financial Management Guide; 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; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations, as applicable.
21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48
CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial
Organizations.
22. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
23. 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 connections.
24. 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 and Cal OES.
25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352.,
and agrees that none of the funds provided under this 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, or cooperative
agreement.
26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority-owned,
women -owned, or disadvantaged businesses, to the extent practicable.
27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c),
which provides that any cost allocable to a particular Federal award or cost objective under the principles
provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies.
28. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non -Federal sources. Subgrantees and subrecipients may be required to demonstrate and document
that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of
Federal funds.
29. 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.
30. Will comply with all federal and state laws and regulations relating to civil rights protections and
nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at
6 CFR Part 21 and 44 CFR Part 7, 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.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which
prohibits discrimination on the basis of gender in educational programs and activities. These
regulations are codified at 6 CFR Part 17 and 44 CFR Part 19.
c. The Americans with Disabilities Act, as amended, 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 et seq.).
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
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. Sections 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 implemented by 24 CFR Part
100), as amended, relating to nondiscrimination in the sale, rental and financing of housing.
i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination.
j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the
application for Federal assistance is being made and any other applicable statutes.
k. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified individual with a disability in the United States will, solely
by reason of the disability, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
These requirements pertain to the provision of benefits or services as well as to employment.
1. 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
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origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the
finding to the Office of Civil Rights, Office of Justice Programs.
in. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
n. 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.
31. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair
and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs. These requirements apply to all interested in real property acquired for project
purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs.
32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental
Considerations.
33. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP)
requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits
may jeopardize Federal funding. Agrees not to undertake any project having the potential to impact EHP
resources without the prior written approval of DHS/FEMA and Cal OES, 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 and Cal
OES 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/ and Cal DES and the appropriate State
Historic Preservation Office.
34. Any construction activities that have been initiated prior to the full environmental and historic preservation
review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP
Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting
documentation, to their Cal DES program representative, for processing by the DHS/FEMA GPD EHP.
35. 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/govemment/grant/bulletins/info329 final screening memo doc.
36. 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 DES and the DHS/FEMA 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.
37. Will provide any information requested by DHS/FEMA/ and Cal OES to ensure compliance with applicable
laws including, but not limited to, the following:
a. Institution of environmental quality control measures under the Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplain (11988), and
Environmental Justice (EO12898) and Environmental Quality (EO11514).
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b. Notification of violating facilities pursuant to EO 11738.
c. 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. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523).
e. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-
21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007.
f 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.
g. 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.
38. 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, § 8607.1(e) and
CCR Title 19, §§ 2445, 2446, 2447, and 2448.
39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a
publically-available privacy policy that describes what PU they collect, how they plan to use the PII,
whether they share PII with third parties, and how individuals may have their PII corrected where
appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and
templates online at http://www.dhs.uv/xlibrary/assets/ rivacv/privacvpia fuidance iune20I O ndf and at
http://www.dhs.gov/xlibrary/assets/privacy/orivacvia template.pdf, respectively.
40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are
obtained.
41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby
all subgramees, recipients, and subrecipients must ensure that all conference, meeting, convention, or
training space, funded in whole or in part with Federal funds, complies with the fire prevention and control
guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225.
42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974
(49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United
States in the March 31, 1981 amendment to Comptroller General Decision B 138942.
43. 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' 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. "
44. 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. The recipient must affix the applicable copyright
notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including
award number) to any work first produced under Federal financial assistance awards, unless the work
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includes any information that is otherwise controlled by the Government (e.g. classified information or
other information subject to national security or export control laws or regulations). The recipient agrees to
consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are
purchased with, this funding.
45. Recipients receiving 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 funds received which exceed the approved, actual
expenditures as determined 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 and equipment purchased under the HSGP reverts to Cal OES if the grant funds are
deobligated or disallowed and not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid following
deobligation or disallowment of costs, and Cal OES 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.
46. Understands that recipients who receive awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
47. 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.
48. 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.
49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as
amended or updated via later executive order(s), means information that has been determined pursuant to
EO 12958 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 granted access to such information by
appropriate authorities.
50. 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,
subrecipient, 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, and other
applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and
other applicable implementing directives or instructions. Security requirement documents may be located
at: http://www.dhs.gov/xopnbiz/grants/index.shtm
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51. Immediately upon determination by the award recipient that funding under this award may be used to
support a contract, subaward, or other agreement involving access to classified national security information
pursuant to paragraph 47, 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, and 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
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
52. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If
recipients are authorized to make subawards under this award, they must first notify potential subrecipients
that no entity may receive or make a subaward to any entity unless the entity has provided a 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://fedaov.dnb.com/webform.
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 section 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.
53. Will 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), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub -agreements.
54. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense
Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency
medical, hazardous materials response services, and law enforcement agencies within the
jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a
manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire
Services and Rescue Mutual Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed
in conformance with that Strategy.
55. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents.
The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal
preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent
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nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and
private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate
the effects of incidents, regardless of cause, size, location, or complexity.
56. Will comply with OMB Standard Form 424B Assurances — Non construction Programs, whereby the
awarding agency may require subgrantees and subrecipients to certify to additional assurances.
57. 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 will provide protection against waste, fraud and abuse, by debarring or
suspending those persons deemed irresponsible in their dealings with the Federal government. 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 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.
58. 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.
59. Will obtain, via Cal OES, the prior approval from DHS on any use of 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.
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 government -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 OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007. In 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
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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.
62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to their programs and services. 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. Recipient shall comply with DHS Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011), resulting from Executive
Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance
at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-
access-people-limited and additional resources on htti)://www.10.14 .
63. 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.
64. 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.
65. 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.
66. 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.
67. 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 DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal
Register by FEMA.
68. 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 101(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.
69. 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.
70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to
Cal OES.
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 fmids (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 OES. 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, 2013, the obligation must be reported by no later than December 31, 2013.)
c. What to report: You must report the information about each obligating action that the submission
instructions posted in Information Bulletin 350, to Cal OES. 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/execomp.htm. Subgrantees must report subrecipient executive
total compensation to Cal OES by the end of the month following the 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 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
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 § 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
htti)://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 § 170.320 (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 § 6104 of the Internal Revenue Code of 1986.
71. Understands that failure to comply with any of these assurances may result in suspension, termination, or
reduction of grant funds.
72. The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of thesaid a 'cant.
Signature of Authorized Agent: rX
Printed Nai e//of Authorized Agent: APPROVED
Title: Ere NleriDate: AUG 2 7 2015
NEWPORT BEACH FIRE DEPARTMENT
P.O. BOX 1768
NEWPORT BEACH, CA 92656-8915
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