HomeMy WebLinkAboutCC AG PKT 2014-01-13 #IIIIIII i
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FROM: Joe Stilinovich, Chief of Police
EQUIPMENT AND SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS FOR FISCAL
YEAR 2013 URBAN AREA SECURITY INITIATIVE
(UASI)
That the City Council adopt Resolution No. 6429 authorizing the City Manager to
execute an agreement on the City's behalf for transfer or purchase of equipment
and services or for reimbursement of training costs for Fiscal Year 2013 Urban
Areas Security Initiative (UASI) Homeland Security Grant Program purposes and
to take any further actions necessary for the purpose of obtaining federal
financial assistance provided by the Department of Homeland Security and sub-
granted through the State of California, the County of Orange and the City of
Santa Ana (in its capacity as the "Core City" for the Anaheim/Santa Ana Urban
Area).
The Federal Homeland Security Appropriations Act provides funding to address
the needs of high risk urban areas through planning, equipment/services,
training, and exercises through the Urban Area Security Initiative ("UASI"). The
City of Seal Beach is located in the Anaheim/Santa Ana Urban Area, and is
eligible to receive financial assistance in the form of funds and/or
equipment/services and training cost reimbursement through Homeland Security
and USAI sub-grants from the Cities of Anaheim and Santa Ana and the County
of Orange. The City must enter into agreement with the City of Santa Ana which
is the UASI core agency for the Anaheim/Santa Ana Urban Area to facilitate the
transfer of Homeland Security Grant funds.
The Program requires the City Council to adopt a resolution authorizing the City
Manager to execute documents in order to obtain the grant funds.
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This action is not subject to review under the California Environmental Quality
Act.
LEGAL ANALYSIS:
The City Attorney has reviewed the proposed agreement and approved as to
form.
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The City of Seal Beach may receive UASI grant funds in the form of training,
equipment or support. There is no designated funding allotment at this time.
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That the City Council adopt Resolution No. 6429 authorizing the City Manager to
execute an agreement on the City's behalf for transfer or purchase of equipment
and services or for reimbursement of training costs for Fiscal Year 2013 Urban
Areas Security Initiative (UASI) Homeland Security Grant Program purposes and
to take any further actions necessary for the purpose of obtaining federal
financial assistance provided by the Department of Homeland Security and sub-
granted through the State of California, the County of Orange and the City of
Santa Ana (in its capacity as the "Core City" for the Anaheim/Santa Ana Urban
Area).
SUBMITTED BY
oe Stilinovich, Chief of Police
Prepared by: Corporal Michael Henderson
Attachments:
A. Resolution No. 6429
B. UASI agreement
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RESOLUTION NUMBER 6429
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND THE CITY OF SANTA ANA FOR TRANSFER OR
PURCHASE OF EQUIPMENT AND SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS THROUGH THE FY 2013
URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM
WHEREAS, the City of Santa Ana as the "Core City" far the Anaheim /Santa Ana
Urban Area, a political subdivision of the State of California, has applied for,
received and accepted a grant from the State of California, acting through the Office
of Homeland Security, to enhance countywide emergency preparedness.
WHEREAS, the terms of the grant require that the City of Santa Ana use certain
grant funds to purchase equipment, technology, or services that will be transferred
to the City of Seal Beach to be used for grant purposes.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute that certain
agreement between the City of Seal Beach and the City of Santa Ana for transfer or
purchase of equipment and services orfor reimbursement of training costs through
the FY 2013 Urban Areas Security Initiative (UASI) grant program and is further
authorized to take such actions as are necessary to obtain federal financial
assistance provided by the United States Department of Homeland Security /Federal
Emergency Management Agency Grant Program Directorate and sub - granted
through the State of California, California Emergency Management Agency.
SECTION 2. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 13th day of January, 2014 by the following vote:
AYES: Council Members
NOES:
Council Members
ABSENT:
Council Members
ABSTAIN:
Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6429 on file in the
office of the City Clerk, passed, approved, and adopted by the Seal Beach City
Council at a regular meeting held on the 13th day of Janua , 2014.
City Clerk
fsaguAT%MI
SUB - RECIPIENT: CITY SEAL BEACH
City Contract Number
13UASII 12613
Section Description
TABLE OF CONTENTS
WIM
§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
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III
PAYMENT
§301. Payment of Grant Funds and Method of Payment 8
§401.
Construction of Provisions and Titles Herein
9
§402.
Applicable Law, Interpretation and Enforcement
9
§403.
Integrated Agreement
9
§404.
Excusable Delays
9
§405.
Breach
10
§406.
Prohibition Against Assignment or Delegation
10
§407.
Permits
10
§408.
Non Discrimination and Affirmative Action
10
§409.
Bonds
11
13UAS1112613
61"Mit"02
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§410. Indemnification 11
§411. Conflict of Interest 11
§412. Restriction on Disclosures 13
§413. Statutes and Regulations Applicable to All Grant Contracts 13
§414. Federal, State, and Local Taxes 20
§415. Inventions, Patents and Copyrights 20
§416. MBEAA1BE 22
-41"
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 23
§502. Amendments 23
V
ENTIRE AGREEMENT
§601. Complete Agreement 24
§602. Number of Pages and Attachments 24
Execution (Signature) Page 25
EXHIBITS
Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Grant Assurances
13UASII 12613 ii
Agreement Number:
REIMBURSEMENT OF TRAINING COSTS
FOR FY2013 URBAN AREAS SECURITY INITIATIVE (UASI)
BETITEER
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WHEREAS, CITY, acting through the Santa Ana Police Department in its
capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY1 3 Urban
Areas Security Initiative, has applied for, received and accepted a grant entitled "FY
2013 Urban Areas Security Initiative" from the federal Department Of Homeland
Security(DHS) Federal Emergency Management Agency (FEMA), through the State of
California Governor's Office of Emergency Services (CalOES), 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 2013 Homeland Security Grant
Program (HSGP) Funding OpportUnity Announcement (FOA)"
http://www.fema.gov/media-Iibrary-data/20130726-1916-25045-6176/fV 2013 hsgp foa.pd
California Governor's Office of Emergency Services "FY2013 Homeland Security Grant
Program: California Supplement to Federal Program Guidance and Application Kit"
http://www.CaIOES.ca.gov/EMS-HS-HazMat/`Pages/Homeland-Security-Grant-Program-
Documents.asp
Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana
Grant Office.
WHEREAS, this financial assistance is administered by the CITY OF SANTA
ANA ("CITY") and is overseen by the California Governor's Office of Emergency
Services ("Cal-OES"); 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 ("ASAUK) consists of 34 cities
13UAS1 112613 1
in Orange County, including the City of Santa Ana and the City of Anaheim, 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 FY13 UASI
Grant of $2,490,000 ( "Grant Funds ") to the CITY OF SANTA ANA, as a Core City, for
use in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Santa Ana Police Department, Homeland Security Division ( "UASI Grant Office ") to
provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY13 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement') to
CITY SEAT. 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.
13UASII 12613 2
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 20 Civic Center
Plaza, Santa Ana, CA 92702; and
B. CITY SEAL BEACH, a municipal corporation, 211 8th Street, Seal Beach, CA
90740
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications
shall be given are as follows:
1. The representative of the CITY OF SANTA ANA shall be, unless
otherwise stated in the Agreement:
r�enneth Gominsky, Jr., Commander
Santa Ana Police Department
Homeland Security Division
•0 Civic Center Plaza
Santa Ana, CA 92702
Phone: (714) 245-8040
Fax: (714) 245-80•8
kgominsky@santa-ana.org
2. The representative of CITY SEAL BEACH shall be:
Tim Olson, Police Captain
CITY SEAL BEACH
211 8th Street, Seal Beach, CA 90740
Phone: (562) 799-4127
E-mail: tolso n@ci.seal- beach.ca.us
13UAS11 12613 3
B. Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change.
§103. Independent Party
SUB-RECIPIENT is acting hereunder as an independent party, and not as an
agent or employee of the CITY OF SANTA ANA. No employee of SUB-
RECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of
this Agreement, and SUB-RECIPIENT shall so inform each employee organization
and each employee who is hired or retained under this Agreement. SUB-
RECIPIENT shall not represent or otherwise hold out itself or any of its directors,
officers, partners, employees, or agents to be an agent or employee of the CITY
OF SANTA ANA.
§104. Conditions Precedent to Execution of This Agreement
SUB-RECIPIENT shall provide copies of the following documents to the CITY OF
SANTA ANA, unless otherwise exempted.
A. Grant Assurances in accordance with section 415C of this Agreement attached
hereto as Exhibit 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.
13UASII 12613 4
91 i • •
The term of this Agreement shall commence on December 11, 2013 and end
on April 30, 2015 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
Santa Ana 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.
C. The Authorized Equipment List (AEL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
https://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 13 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."
13UAS11 12613
Any equipment acquired or obtained with Grant Funds:
1. Shall be made available under the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with
representatives of the various fire, emergency medical, hazardous
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;
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
nonexpenclable property that is not consumed or does not lose its
identity by being incorporated into another item of equipment, which
costs $5,000 or more per unit, or is expected to have a useful life of
one (1) year or more. Items costing less than $5,000, but failing into
the following categories are also considered Equipment:
(1)electronics communications equipment for stationary or vehicular
use, including cellular telephones acquired by lease or purchase, and
(2) electronic office equipment, including facsimile machines,
copiers, electric typewriters, personal computers (monitors and
CPU's), terminals and printers;
5. Shall be used by SUB-RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
7. Shall be recorded on a ledger. This record must be updated bi-
annually and forwarded to the City. The record shall include: (a)
13UASII 12613 6
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 2013 Homeland Security Grant Program, as set forth above.
All training expenses must be pre- authorized by Cal -OES at
http : / /www.firstrespondertraining .gov /admin. A catalogue of Grantor
approved and sponsored training courses is available at
http : / /www.firstrespondertraining .gov /odp_webforms.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2013 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at http: / /hseep.dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2013 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 2013 Homeland Security Grant Program, as set
forth above.
13UASII 12613 7
III
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 Santa Ana 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
detailing the expenditures made by SUB - RECIPIENT as authorized by Section
202 above. Each reimbursement request shall be submitted electronically at
https: / /ociac.org. 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 CalOES 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.
13UASII 12613 8
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.
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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.
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
13UAS11 12613 9
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.
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.
0 Wne f A 1 0 . 0 A NUHM
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).
13UASII 12613 10
If required, SUB - RECIPIENT shall submit an Equal Employment Opportunity
Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with
guidelines listed at http:// www.ojp.usdoj.gov /ocr /eeop.htm,
Any subcontract entered into by the SUB - RICIPIENT relating to this Agreement,
to the extent allowed hereunder, shall be subject to the provisions of this § 408.
§409. Bonds
SUB - RECIPIENT must purchase a performance bond for any equipment item
over $250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds.
§410. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Section 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees by law,
for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in -the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. SUB - RECIPIENT
certifies that it has adequate self insured retention of funds to meet any obligation
arising from this Agreement.
§411. Conflict of Interest
A. 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 irnmediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq. if such person were a public officer, because such
13UASII 12613 11
person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic
partner and /or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial interest of
five percent or more; ownership of five percent or more of
the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
C. The SUB - RECIPIENT further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value from
any actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any
officer, employee, or agent).
D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and the Contractor.
E. Prior to obtaining the CITY'S approval of any subcontract, the SUB -
RECIPIENT shall disclose to the CITY any relationship, financial or
otherwise, direct or indirect, of the SUB - RECIPIENT or any of its officers,
directors or employees or their immediate family with the proposed
subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws
of the SUB - RECIPIENT, State of California, and Federal regulations
regarding conflict of interest.
G. The SUB - RECIPIENT warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining this
Agreement.
H. The SUB - RECIPIENT covenants that no member, officer or employee of
SUB - RECIPIENT shall have interest, direct or indirect, in any contract or
13UASII12613 12
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.
I. The SUB-RECIPIENT shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this project
and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT"
and "sub subcontractor" for "Subcontractor'.
.M=
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:
• I . .•. ... .. a •MMUT I
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 CFIR 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 FYI 3 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 2013-00110; and Identify the CITY OF SANTA ANA as
the Pass-Through.
13UASII 12613 13
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
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.
5. Records Inspection
At any time during normal business hours and as often as the CITY,
the U.S. Comptroller General, and /or the Auditor General of the
State of California may deem necessary, SUB - RECIPIENT shall
make available for examination all of its records with respect to all
matters covered by this Agreement. The CITY, the U.S. Comptroller
13UASII12613 14
General and/or the Auditor General of the State of California shall
have the authority to audit, examine and make excerpts or
transcripts from records, including SUB - RECIPIENT'S invoices,
materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement.
SUB - RECIPIENT agrees to provide any reports requested by the
CITY regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the CITY with respect to all matters
covered on file for all documents 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
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but no
be limited to purchase agreements, rental or lease agreement�i_
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. §§44728 -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
13UASII12613 15
(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 subagreements, and the
Hatch Act (5 USC §§1501-1508 and 7324-7328).
SUB-RECIPIENT shall comply with the Federal Fair Labor Standards
Act (29 USC §201) regarding wages and hours of employment. None
of the funds shall be used to promote or deter Union/labor organizing
activities. CA Gov't Code Sec. 16645, et 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 Vill 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; 0) 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 11 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-
13UASII 12613 16
assisted programs. These requirements apply to all interests in rea,
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
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.
13UAS1112613 17
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.
11. Preservation
SUB- RECIPIENT shall comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§ §469a -1, et seq.).
12. Suspension and Debarment
SUB - RECIPIENT shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and SUB -
RECIPIENT shall submit a Certification Regarding Debarment required
by Executive Order 12549 and any amendment thereto. Said
Certification shall be submitted to the CITY concurrent with the
execution of this Agreement and shall certify that neither SUB -
RECIPIENT nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department head
or agency. SUB - RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub -award at
all tiers and that all subcontractors shall certify accordingly.
13. Drug -Free Workplace
SUB- RECIPIENT shall comply with the federal Drug -Free
Workplace Act of 1988, 41 USC §701, 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:
13UASII 12613 is
1. 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
2013 Homeland Security Grant Program — Program Guidance and
Application Kit; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act,
Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
CCR Title 19, §§ 2445 -2448.
Provisions of 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-
13UASI112613 19
State travel shall not be reimbursed without prior written
authorization from the UASI Grant Office.
SUB-RECIPIENT'S travel and per them reimbursement costs shall
be reimbursed based on the SUB-RECIPIENT'S travel policies
and procedures. If SUB-RECIPIENT does not have established
travel policies and procedures, SUB-RECIPIENT'S reimbursement
rates shall not exceed the amounts established by the State
Department of Personnel Administration Rules and Regulations,
PIVIL 97-024, Section 599.619, dated July 1, 1997 and Section
599.631, and as amended from time to time.
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.
mm• =M
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
13UASII 12613 20
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 211811983); and Executive Order 12591, 4110/87, 52 FR
13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
IMM 110511=211111
CITY shall have an unencumbered right, and a non-exclusive, irrevocable,
royalty- free license, to use, manufacture, improve upon, and allow others to
do so for all government purposes, any Invention developed under this
Agreement.
C. Copyright Policy
Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material ("Material") is developed
under this Agreement, the author or the CITY, at the CITY'S
discretion, may copyright the Material. If the CITY declines to
copyright the Material, the CITY shall have an unencumbered right,
and a non-exclusive, irrevocable, royalty- free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,
irrevocable, royalty-free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Material
developed under this Agreement or any Copyright purchased under
this Agreement.
3. SUB-RECIPIENT shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited rights"
means the right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform and display publicly, or permit
others to do so; as required by 48 CFR 27.401. Where the data are not first
produced under this Agreement or are published copyrighted data with the
notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a
copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited
rights. (48 CFR 27.404(a)).
13UASII 12613 21
SItB-RECIPIEAT shall require all subcontractors to comply with th-
obligations of this section by incorporating the terms of this section into
subcontracts.
§416. Minority, Women, And Other Business Enterprise Outreach Program
It is the policy of the CITY to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all SUB-RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub-Contractors.
13UASII 12613 22
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
• I RZ I
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.
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.
13UASII 12613 23
VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
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.
13UAS1112613 24
IN WITNESS WHEREOF, the City and CITY SEAL BEACH have caused this
Agreement to be executed by their duly authorized representatives on the date first set
forth above.
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Laura Sheedy
Assistant City Attorney
13UASII 12613 25
CITY OF SANTA ANA, a municipal
Corporation of the State of California
my:
David Cavazos
City Manager
SUB-RECIPIENT
CITY SEAL BEACH
M
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By:
a a - • q .
Title City Attorney
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.
Address: 211 th Street
. ............. —
Authorized Agent Signature
Jill R, Ingram Seal Beach, CA 90740
Printed or Typed Name
— C i tT_Manage r
Title
13UAS11 12613 26
INSTRUCTIONS FOR CER"riFICATION
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 ina material representation of fact upon which reliance was placed
when this transaction was entered into. Kitio later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available tVthe Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient mf Federal assistance funds shall provide immediate written notice tothe
person tu whom this agreement is entered, ifat 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 banaaction.""dmbarn»d.""suo ,""ineligible.""|ovmertieroovered
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.
8. 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 ina covered transaction may rely upon a certification nfa prospective participant ina
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 itdetermines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
8. Nothing contained inthe foregoing shall beconstrued to require establishment ofa system ofrecords
in order bu 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 cd business dealings.
8. Except for transactions authorized under Paragraph 5 of these inobuctkomy, if participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
muapmnded, debmrnsd, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available tothe Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
13C[ASTl12613 27
EXHIBIT B
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
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 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
Jill R. Ingram, City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
13UAS1112613 28
EXHIBIT C
California Governor's Office of Emergency Services
FY2013QrantAssuranem
(AJlXISGP AnnUoaoio)
Name of Applicant:
Address:
Telephone Number: S (_-ij %A-t Fax Number: S c, -j� %A-Z. k —St"k-7
As the duly authorized representative of the applicant, i certify that the applicant named above:
I.Will assure that all allocations and use of funds under this grant will be in accordance with
the Fiscal Year 20l3IISGP Funding Opportunity Announcement.
2. Will assure that grant funds will support efforts related in providing uointegrated
mechanism to enhance the coordination ofnational priority efforts tn prevent, respond to,
and recover from terrorist attacks, major disomtermondodhcreruorgeuoica.
3. Has the legal authority tu 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 YJ.8. Department of Homeland Security (THD){Podera Emergency
Management Agency (FEMA) and sub-granted through the State of California, California
Governor's Office ofEmergency Services (Cal 0|B8\.
4. Will assure that gnod 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) oz fiscal years.
5. Will comply with any cost sharing commitments included in the FY2013 Investment
Justifications submitted {oDHS0,EMA/CuJDES, where applicable.
b. Will establish a proper accounting system in accordance with generally accepted
accounting standards and awarding agency directives.
7. Will give the DfIS/FEMA, the General Accounting Office, the Comptroller General o[the
United States, the Cal (]ES, the Office w[ Inspector General, through any authorized
representative, 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 aa may he necessary, am required byDf{ODpEM/\orCal
()ES` through any authorized representative, with regard to examination of grant related
records, accounts, documents, information and staff.
Will require any subrecipients ouutnxtorw mnccexaaos' transferees, and assignees to
acknowledge and agree to comply with applicable provisions governing DB8/FEMA
access kzrecords, accounts, documents, information, facilities, and staff.
a. Recipients must cooperate with any compliance review urcomplaint investigation
conducted hyD[[S/FBM/\or Cal UES.
b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and
copy records, accounts, and other documents and sources of information related to the
0cuu{ and permit access to facilities, personnel, and other individuals and iuibri-nation
an may he necessary, um required by/)HSDPEM/kand Cal 0{I8program guidance,
requirements, and applicable laws.
13UASII 12613 29
c. Recipients must submit timely, complete, and accurate reports to the appropriate
DHS /FEMA and Cal OES officials and maintain appropriate documentation to support
these reports.
d. Recipients must comply with all other special reporting, data collection, and
evaluations 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 /FEMA/Cal OES 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 /FEMA Component and/or awarding office. The
United States has the right to seek judicial enforcement of these obligations.
9. 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 the assessment or evaluation of any activities within this agreement,
or detailed in the program guidance.
10. 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.
11. Will initiate and complete the work within the applicable timeframe, 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.
12. Will provide timely, complete and accurate progress reports, and maintain appropriate
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.
13. 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.
14. Agrees to be non - delinquent in the repayment of any federal debt. Examples of relevant
debt may be found in OMB Circulat A -129, form SF -424, item #17, and include delinquent
payroll and other taxes, audit disallowances, and benefit overpayments.
15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets 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.0
Section 3801 -3812, addressing false claims and statements made.
16. Will comply with all federal and state laws, executive orders, regulations, program and
administrative requirements, cost principles, audit requirements, policies and any other
terms and conditions applicable to this award.
13UASI112613 30
17. Will comply with all applicable provisions ufIJI{S/FEMA'm regulations, including Title 44
of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements 0u State and Local Governments, including the
payment o[interest earned nuadvances.
18. Will comply with the Office ot Management and Circular A-l02,Uniform
Administrative Requirements for Grants and Cooperative to Stae and Local
Governments (also known as the "A- 102 Common Rule"), found under FEMA regulations
at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniforin Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments",
OMB Circular A-llU, Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,
relocated tn2 CFR Part 2l5; requirements for allowable costs/cost principles iotkef\-l02
Common Rule, OMB Circular A,ll0(2CFR §2l5.27); OMB Circular &,2I,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 io2CFR Part
225; OMB Circular A-I 22, Cost Principles for Non-Profit Organizations, relocated to 2
CFBLPart 230; and OMB Circular A-133, Audits of States, Local Governments and Non-
Profit Organizations, as applicable.
19. Will with all provisions of the Federal Acquisition Regulations including, but not
limited to, Title 40 CFR^ 31.2, Contracts with Commercial Organizations,
20. Will comply with provisions ot the Hatch Act (5lJ.S.C.88l5Ol-l508 and 7324-7]28),
which limits the political activities of employees whose principal employment activities are
funded in whole orbu part with federal funds.
21. Will establish safeguards 10 prohibit employees from using their positions for a purpose
that constitutes, or presents the appearance of, personal oz organizational conflict of
interest, or personal gain for themselves or others, particularly those with whom they have
family, business, or other connections.
22. Understands and agrees that Federal funds will not hc used, directly oz 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 DUS/FEMA and
Cal OES.
23. Will comply with all applicable lobbying prohibitions and laws, including those found in
United States Code Title 3l,§ l352,etxoq., and agrees that none n[ the funds provided
under this award may be expended hvthe Recipient to pay any person {o influence, ur
attempt 10 influence ao officer ur employee of any agency, o Member uf Congress, uu
officer oz employee of zn
mu,oruo�p|oy000fo yWennbero[ Congress iun000ecbou
concerning the award ur renewal u[ any federal contract, grant,
loan, or cooperative agreement.
24. Agrees that, to the extent contractors ur subcontractors are utilized, will use moud|,
minority-owned, women-owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
25. Will comply with Title 2of the Code Vi Federal of
benefits, whereby any cost allocable to particular federal award or cost objective under
the principles provided for in this agreement may not |e charged to other fedoaowurdoto
overcome fund deficiencies.
13ll/\Sll126I3 31
26. Will ensure that federal funds do not replace (supplant) funds that have been budgeted for
the same purpose through non-federal sources. S and subrecipients may bn
required to demonstrate and document that a reduction in non-federal resources occurred
for reasons other than the receipt oc expected receipt n[ federal funds.
27. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42TJ.S.C.
08480letyeo]which prohibits the use of lead based paint iu construction nrrehabilitation
of structures.
28. Will comply with all federal and state laws and regulations relating 0o civil rights and
protections and nondiscrimination. These include, but are not limited to:
o. Title \/Io{ the Civil Rights Act m{lg04(P.J.. 88'352), ua amended, which
prohibits discrimination oo the basis nf race, color or national origin.
b. Tb[eD{oftbeIIduootiou/\meodouuzdmo(|972,uuuzuendedC2OTJ.S.C.08l68l-
l0D3oodl005-l6Dh\,vvbicbpn)bihdmdiyorinuioudn000tbebamimofgmoder.
u. The Americans with Disabilities Act, as 000cudcd, v/biob ncob8dtx Recipients from
discriminating oo the basis o[ disability (42 U.S.C. 0 12101 ctneg.).
d. Section 5U4of the Rehabilitation Act o[l973,aa amended (29LT.S.C.8794)`
which prohibits discrimination on the basis of disability in any program receiving
federal financial assistance.
c The Age Discrimination Act oflg75,as amended (42[].3.C.G86101+5lO7),
which prohibits discrimination on the basis o[age.
[ The Drug Abuse Office and Treatment Act of]972[P.L.92-255),uuamended,
relating 1e nondiscrimination oo the basis o[ drug abuse.
g. The Comprehensive Aloobo1AbomzuodAJcdbo|imuPrcveodou,Troatmeotaxd
Rehabilitation Act oYl97O(P.L9l-hlo)`oo amended, relating (n
nondiscrimination on the basis o[ alcohol abuse nralcoholism.
h. Section 523 and 527 of the Public Health Service Act oflg)2(42U.S.C. 290 dd-3
and 29Uee-3),um amended, relating tocoofideo1baHb/oFalcohol and drug abuse
patient records.
i. Title VIII o{ the Civil Dizbts Act u[l968(42[7.8.C.8360l«tmeg.,u*
implemented by 24CFR Part lV0),ua amended, relating {o nondiscrimination in
the sale, rental or financing ofhousing.
' Title 44 Code ufFederal Rsgo1mhonu (CF(l) 9udn 7' lh, and l9 relating k>
nondiscrimination.
k. The requirements on any other in the specific
under which the application for federal assistance is being made and any
other applicable statues.
i Will, in the event that u federal or state court oc federal orState administrative
agency makes afinding of discrimination after u due process hearing on the
grounds or race, color, religion, national origin, gender, or disability against u
Recipient of funds, the Recipient will forward a copy m[ the fin6ino10 the Office of
Civil Rights, Office of Justice Programs.
in. Will provide au Equal Employment Opportunity Plan, i[ applicable, 1othe
Department of Justice Office of Civil Rights within 6O days of grant award.
u. Will comply, and assure the compliance of all its onbgcaoteen and contractors, with
the nondiscrimination requirements and all other provisions of the current edition
o[ the Office mfJustice Programs Financial and Administrative Guide for Grants,
M7l0O.l.
2V. Will comply with the requirements of Titles Dand III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act o[|970(42LLO.C.8460letseq.
DP.L.g)-O48l\,which provides for fair and equitable treatment o[ persons displaced or
vvbooe property is acquired as a result of federal or federally assisted programs. These
13[]ASll12613 32
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.
30. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10,
Environmental Considerations.
31. 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 the 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 OES and the appropriate State Historic Preservation Office.
32. 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 1660-0115/FEMA Form 024 -0-
01) and submit it, with all supporting documentation, to their Cal OES program
representative, for processing by the DHS/FEMA Grants Program Directorate EHP.
33. 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/govermnent/grant/bulletins/info329—final—screening_memo.doc
34. 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 OES 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,
35. Will provide any information requested by DHS/FEMA and Cal OES 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 (EO12898) and Environmental
Quality (EO 11514).
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. 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.).
13UAS1112613 33
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
15000-15007.
g. 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.
h. 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.
36. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division
I of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
37. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information
(PII) must have a publically-available privacy policy that describes what PIT 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.gov /xlibrary/ assets / privacy /privacy _pia_fuidance june20I O.pdf and at
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf, respectively.
38. 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.
39. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. §
2225(a), whereby all subgrantees, 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.
40. 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 �v 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 ofFEMA'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. "
41. 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 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 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:
13UAS11 12613 34
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures determined by the federal or state government.
bt 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 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 dcobligation 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.
42. 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).
43. 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.
44. 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.
45. 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.
46. 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
47. Immediately upon determination by the Award Recipient that funding under this award will
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
13UAS11 12613 35
award recipient shall contact ISPBmndde applicable federal or agency, for
approval and processing instructions.
DH8 Office o[ Security ISPB contact information:
Telephone: 202-447-5346
2muil:DD254&doucdmtrmdveSucud1v@dba.gnv
Mail: Department mƒ Homeland Security
Office ofthe Chief Security Officer
AT7N: ASDDudnotria1Security Program Branch
Washington, D.C.2052K
48. Will comply with the requirements regarding Data Universal (DUNS)
numbers. If recipients are authorized to make subw,rds under this award, they must notify
potential ien1m that no entity may receive or make oanbuvvanjtoany entity unless
the entity has provided a DUNS number.
4V. For purposes uf this award term, the following definitions will apply:
a. "Data Universal Numbering System (I)QN8)` number means the nine digit
number established and assigned ly Dun and Bradstreet, Inc. (D&B)touniquely
identify business entities. /\ DUNS number may hr obtained from D&Uby
tcicnkoun (currently 866-705-5711} or the bderuo1, currently W
http://fed0ov.doh.com/webDnoo
b. '^Bo1itv`, as it is used in this award k:ou, means all of the following, as defined a{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; mra domestic orforeign for-profit organization-,mza(edezal
agency, but only asasub recipient under an award or subaward to a non-federal
entity.
o. "Subaward" means a legal instrument to provide support for the performance of
any portion of the substantive project orprm&naoufo«n/biohyooreceivedthda
award and that you am the Recipient award 10 uu eligible mobmau' ien1. D does not
include your procurement of property and services needed tq carry out the project
or program (for further explanation, see Sec. 2\On[ the attachment toOMB
Circular A-l33, "Audits of States, Local Governments, and Non-Profit
Organizations") and may be pznvidudthrough any legal agreement, including ao
agreement that you consider mcontract.
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
mubowmrd'
50. Will comply, an applicable, with the provisions of the Davis-Bacon Act (4DD.S.C.Section
276a to 276a-7), the Copeland Act (40lJ.D.C. Section 276o and lDIJ.S.C. Sections 874),
and the Contract Work Hours and Safety Standards Act (400.S.C. Sections 327-3]]),
regarding labor standards for Federally-assisted construction sub-agreements.
51. Agrees that equipment acquired ur obtained with grant funds:
u. Will he made available pursuant to applicable terms p[ the California Disaster and
Civil Defense Master Mutual Aid Agreement in oouyohedou with representatives
of the various fire, emergency medical, hazardous materials response services, and
law enforcement agencies within theJurisdiction of the applicant, and deployed
with personnel trained iu the use ofsuch equipment ina manner consistent with the
California Law Enforcement Mutual Aid Plan orthe California Fire Services and
Rescue Mutual Aid Plan.
6. Io consistent with needs uw identified iu the State Homeland Security Strategy and
will be deployed iuconformance with that Strategy.
13[[ASll12613 36
52. Will comply with the financial administrative requirements set forth in the current edition
of the DHS Financial Management Guide.
53. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the
California Supplement to the FY 2013 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 FY2013 Homeland Security Grant Program application. Further, use of
FYI 3 funds is limited to those investments included in the California FYI 3 Investment
Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer
review process.
54. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents. The adoption of the National Incident Management System (NTMS) is
a requirement to receive federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent 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.
55. 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.
56. 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
debar-ring or suspending those 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,
13UASII 12613 37
57. 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.
58. 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 other information subject to national security or export control
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.
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 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 United States in the March 31, 1981, amendment to
Comptroller General Decision B138942.
61. 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.
62. Will comply with the requirements of the government -wide award term which implements
§ 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 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.
63. 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 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
13UASI112613 38
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, gmio .
64. Will comply with the requirements of42T].S.C. 874Ol et seq. and Executive Order 1173 8,
vvbbcb provides for the protection and enhancement wf the quality mf the nation's air
resources to promote public health and welfare and for restoring and maintaining the
oboxoiuu|, physical, and biological integrity of the nation's waters im considered research for
other purposes.
65. Will comply with the requirements of the federal at 45 CFR Part 4h and the
requirements ioDHS 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 (SohpmdC);andobildren(Snbnurf\)).TbcoaeoCuutopmyzoutcxialmim
governed by applicable state and local law and is not directly regulated by 45 CFR Part 46.
66. Will comply with the requirements o[ the National Policy Act ,as
amended, 42U.S.[.8433let seq., which establishes national policy goals and procedures
to protect and enhance the environment, including protection against natural diaum1eza. To
comply with NEP/\ for its grant-supported activities, l)II8 requires the envinnooemdul
aspects of construction grants (and certain non-construction projects uampeoificdbv{6e
Component and awarding office) 1ube reviewed and evaluated before fioulaction uothe
67. Will comply with the requirements ofGl3Dh(c)of the National Flood Insurance Act, as
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 muhieui to imminent collapse or subsidence as a result o[ erosion or
undermining caused by waves ur currents o[water exceeding anticipated oycUcallevelm.
These regulations are codified u144CFR Part 03.
08. Will comply with the requirements ofthe Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. 8 4001 et seq.), which provides that no federal financial assistance to
acquire, modernize, m construct property may bo provided iuidentified flood-prone
communities in the United States, unless the community participates in the National Flood
Insurance Program and flood insurance im purchased within one year o{ 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
io the Federal Register hvFEMA.
69. Will comply with the requirements of Executive Order ll0qU,which provides that
federally funded construction and improvements minimize the destruction, loss, m
degradation of wetlands. The Executive Order provides that, bm furtherance mf §lUl(6)3)
ofNEPA(42lJ.8.C.§43]lO6(3)), federal agencies, 1othe extent permitted bv 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. Io 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 iu wetlands. This im codified u]44CPD Part Y.
MASH l26l3 39
70. Will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT
/\cA` which amends 18 U.S.C. 8§ 175-175c. Among other things, h 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 porpooe. The act also establishes cemUdo1i000 on access to specified
materials. "Restricted persons," as defined bythe ao1^ may not powmemo` ship, transport, or
receive any biological agent or toxin that is |iubrd as u select agent.
71. Understands that failure to comply with any of the above assurances may result io
termination, mr reduction of grant funds.
a. Applicability. Unless you are exempt as provided in paragraph d. of this mw/rd
t*ou, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined io section l5l2(a)(2)o[the
American Recovery and Reinvestment Act of20O9,
h. Where and when tnreport: you must report ou each obligating action described iu
the following paragraphs to Cal OES. For subaward information, report no later
than the end n{ the month following the month im which the obligation was made.
(For example, if the obligation was made on November 7, 2011, the obligation
must be reported hyon later than December 3l,20ll.)
o. What toreport: 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. Snhgraoteuo must report oubcecipicoi
executive total compensation 0o Cal OESbythe end of the month following the
month during which you make the muhavvund. Exemptions include: l[ in the
previous tax year, you had gross iuoonzo` from all sources, under $300,000, you are
exempt from the requirements {o report oumuhuwardm' and the total compensation
of the five most highly compensated executives o[ any oub,00iIheut.
d. Reporting Total Compensation n{ Recipient Executives: You must report total
compensation for each of your five most highly compensated executives for the
preceding completed fimoolyear, if
i. the total Federal funding authorized tm date under this award im$25,O0Oor
d. in the preceding fiscal year, you received 0U percent or more o[ your annual
gross revenues from federal procurement contracts (and subcontracts) and
federal financial assistance subject to the Transparency Act, as defined at 2
CFtll70.]2U (and nuhovvumdm); and $25,0O0.0OOur more in annual gross
revenues from federal procurement contracts (and subcontracts) and federal
financial assistance anhieot to the Transparency Act, as defined at 2 CIR
l70.320(undouhavvacdo)'and
` '`
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section I3(a)or\5(d)ofthe
Securities Exchange Act ofl934(l5\].S.C, 78ro(a)"78o6D)mr section hl04
of the Intemal Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the D.S. Security and Exchange
Commission total compensation Gbogu at
LU1V://vvvvvv.oec.gov/noavvcru6xmoo/np.b{ru.)
iv. @ohoeci 'er8Exmco1ivcm. Unless you are eneoon1 as provided above, for each
first-tier subrecipient under this award, you shall report the names and total
compensation of each of the uobzecipiozU/s five most highly compensated
executives for the sobrecipioot'o preceding completed fiscal year, ifiuthe
yoh,eciVleu{'m preceding fiscal year, the aubrocipioodnuocived 80 percent oz
13UASII 12613 40
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 section 6104 of the Internal Revenue Code of 1986.
72. 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:
Printed Name of Authorized Agent: J i l l R. Ingram
Title: City Manager Date:
131J SI112613 41