HomeMy WebLinkAboutCC AG PKT 2014-06-09 #DTO: Honorable Mayor And City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Stilinovich, Chief of Police
SUBJECT: AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR FY 2011 HOMELAND SECURITY GRANT
PROGRAM ("HSGP") PURPOSES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6467 approving the agreement with
the County of Orange for transfer or purchase of equipment, technology, or
services; or for reimbursement of training costs to enhance countywide
emergency preparedness. The City Manager will be authorized to execute, on
behalf of the City of Seal Beach, any 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, and the County of
Orange.
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 Homeland Security Grant Program ("HSGP").
The City of Seal Beach is located in the County of Orange and the
Anaheim/Santa Ana Urban Area, and is eligible to receive financial assistance in
the form of funds, equipment, technology and services, through Homeland
Security sub-grants from the County of Orange. The City must enter into
agreements with the County of Orange to facilitate the transfer of Homeland
Security Grant funds.
The City of Seal Beach City Manager needs to be designated by resolution to
execute on behalf of the City of Seal Beach to obtain grant funds through the
Homeland Security Grant Program.
The Department of Homeland Security is funding efforts nationally to combat
terrorism and respond to emergencies and hazards. In order to receive the
funds, entities must cooperate with the grant requirements and have a
Agenda Item — Q
designated signer of record. This agreement allows the City to receive the funds
and equipment as provided by the grant.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no financial impact at this time. Acceptance of these funds may offset
public safety expenditures servicing the City of Seal Beach for a variety of needs
which may fail under the umbrella of Homeland Security.
I V XOT91k qA 17, 1: V, I 1 0
That the City Council adopt Resolution No. 6467 approving the Agreement to
Transfer Property or Funds for FY2011 Homeland Security Grant Program
Purposes.
ITTED BY: NOTED AND APPROVED:
Joe Stilinovich, Chief of Police Ingram, City (Malager
Prepared by: Cpl. Michael Henderson, Emergency Services Coordinator
Attachments:
A. Resolution No. 6467
B. Agreement to Transfer Property or Funds for FY201 1 Homeland Security Grant
Program Purposes,
RESOLUTION NUMBER 6467
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF
EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF
TRAINING COSTS FOR FY 2011 HOMELAND SECURITY GRANT
PROGRAM BETWEEN THE COUNTY OF ORANGE AND THE CITY
OF SEAL BEACH
WHEREAS, the County of Orange, a political subdivision of the State of California
has applied for, received and accepted a grant from the State of California, acting
through its Office of Homeland Security, to enhance countywide emergency
preparedness.
WHEREAS, the terms of the grant require that the County of Orange use certain
grant funds to purchase equipment, technology, or services that wilt be transferred
to the City of Seal Beach to be used for grant purposes.
WHEREAS, the City of Seal Beach and the County of Orange are desirous of
executing this Agreement as authorized by the City Council and the City Manager.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute for and on behalf of
the City of Seal Beach, a public entity established under the laws of the State of
California, any actions necessary to obtain federal financial assistance provided by
the Federal Department of Homeland Security and sub - granted through the State of
California.
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 9th day of June , 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 }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6467 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council at a
regular meeting held on the 9th day of June 2014.
City Clerk
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2011 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this '�k -t*A day of -21 ...) V-0 IF 201'- , which
Jdate is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
I political subdivision of the State of California, hereinafter referred to as "COUNTY",, and
a (municipal corporation/special district/not-for-
profit corporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the
I lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
from the State of California, acting through its California Emergency Management Agency, to enhance
county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant
documents that are attached hereto as Attachments A (FY I1 CA Supplement to Federal Program
Guidelines), B (2011 Homeland Security Grant Programs) and C (FY 11 Grant Assurances) and
incorporated herein by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as I
specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
after acquisition by COUNTY as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said I
grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or I
to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE I
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Pagel of
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to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
I I authorized agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
I services acquired with grant funds only for those purposes permitted under the terms of the grant, and
shall make it available for mutual aid response.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
I with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
equipment as are necessary, in order to keep said equipment in continually good working order. Such
maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
material and labor costs for any maintenance and repair of the said equipment throughout the life of the
said equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
and/or services to include but not limited to upgrades, licenses and renewals of said equipment, ,
technologies and/or services.
6, If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE I
shall notify COUNTY of such condition, SUBGRANTEE shall transfer or dispose of grant-funded
equipment only in accordance with the instructions of COUNTY,
7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their I
elected and appointed officials, officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials or supplies in connection with
SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGRANTEE's
performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims
and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by
SUBGRANTEE in SUBGRANTEE's use of grant-funded equipment, technology or services and
SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound I
by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 2 of 4
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I immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
Attachments A, B and C hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
I hereunder.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
12. For a period of three years after final payment hereunder or until all claims related to this
Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
from which COUNTY received grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
usual working hours.
13. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
14. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein
provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may
proceed with the work in any manner deemed proper by COUNTY.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of 4
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole A. Sims, Deputy
DATED: 1201_
DATED:
ATTEST-.
B
City Clerk
DATED:
M
CFDA: 97,067
Homeland Security Grant Program
Department of Homeland Security
201_ COUNTY OF ORANGE, a political
subdivision of the State of California
-3
Sheriff-Coroner
"COUNTY"
SUBGRANTEE
By:
By:
Page 4 of 4
California Emergency Management Agency (Cal EM/k)
Fiscal Year (FY) 201/ Grant Assurances
(All BS0PApplicants)
Name nfApplicant:
Address:
City: State: Zip Code:
Telephone Number: --ir, -1-1 Fax Number:
E-Mail Address: (L \J
As the duly authorized representative of the applicant, I certify that the applicant named above:
Will assure that grant funds will support efforts related 1* providing an integrated mechanism 0oenhance
the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks,
major disasters and other emergencies.
2. Has the legal authority to apply for federal assistance and has the institutional, managerial and financial
capability to ensure proper planning, management and completion of the grant provided by the U.S.
Department o[Homeland Semhty(OHS)/Fedcral Emergency Management Agency (FEMA) and sub-
granted thmugh the State of California, Cal EK4A.
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be
transferred between grant programs (for example: State Hmnoc|uud Security Program, Urban Area
Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) orfiacn|years.
4. Will comply with any cost sharing commitments included iu the FY20|i Investment Justifications
submitted toDRS/FE&4Aand Cal BKd/\.where applicable.
5. Will give the federal government, the General Accounting Office, the Comptroller General of the United
States, the State of California, the Office of Inspector General, through any authorized representative,
access to, and the right to examine, all paper or electronic records, books, or documents related to the
award; and will establish a proper accounting system in accordance with generally accepted accounting
standards and/or awarding agency directives.
6, Agrees that funds utilized to establish or enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland Security
/\dvisury��uund|(D8/\{�) Fusion {�cnk:r(Juiddioco.fbllov/the federal and mtNcapproved privacy
policies
. and achieve (at o minimum) baseline level m[capability as defined hy the Fusion Capability
Planning Tool.
7. Will provide progress reports, and other such information as may be required by the awarding agency.
including the Initial Strategy Implementation Plan (ISIP) within 45 days of the award, and update via the
Grant RoportingToo\((}RT) twice each year.
8. Will initiate and complete the work within the applicable tirne frame after receipt of approval from
Cal 2KJ/\.
Page I Initials
9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement
of funds.
10. Will comply with all regulations applicable to0HS/fEMA grants, including, but not limited to, 44CFR,
Part |3, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments including, but not limited to, all provisions relevant to the payment of interest earned
on advances.
||. Will comply with all provisions nf4QCFK, Part 3i2, Federal Regulations (6AR), Contracts
with Commercial Organizations.
12. Will establish safeguards k/ prohibit employees from using their positions for a purpose that conmtduteu,
or presents the appearance of, personal or organizational conflict of interest, urpersonal gain fov
themselves or others, particularly those with whom they have family, business, or other ties.
l]. Understands and agrees that federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government,
without the express prior written approval from DR8/FEM/\ and Cal SMA.
14. Agrees that, tnthe extent contractors cx subcontractors are ub)iscd, will use small, minority-owned,
women-owned, or disadvantaged business concerns and contractors or subcontractors to the extent
practicable,
15. Will notify Cal EMA of any developments that have a significant impact on award-supported activities,
including changes to key program staff.
16. Will comply, if applicable, with the [cud-0nscd Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et
seq.) which prohibits the use mflead based paint in construction or rehabilitation ofstructures.
17. Will comply, and will assure the compliance o[ all agents and contractors, with all federal and state
statues relating to civil rights and nondiscrimination. These include, but are not limited, to:
u. Title Vlof the Civil Rights Act ofl964(P.L.88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin,
b. Title |Xofthe Education Amendments oflV72,us amended (2OU.8.C.0§ 1681-1683 and 1685'
l6QG), which prohibits discrimination on the basis ofgender.
C. Section 504 of the Rehabilitation Act of 1973, uo amended (2A U.S.C. 6 794)' which prohibits
discrimination against individuals with disabilities.
d. The Age Discrimination Act m[l975,us amended (4Z|J.S.C. §§ 6l0)'6|87), which prohibits
discrimination on the basis of age.
e. The Drug Abuse Office and Treatment /&rt of 1972 (P,L 02-256), as amended, ro|o1iog to
nondiscrimination on the basis wf drug abuse.
[ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of|970(P.L0l'610),uu amended, relating 10 nondiscrimination mn the basis otalcohol
abuse oralcoholism.
g. Sections 523 and 527of the Public Health Service Act ofl9l2(42D.S.C.20UdJ-3 and 2VOom'
]),aonmcuJcd,re|adng tm confidentiality of alcohol and drug abuse patient records.
b� Title V}l|of the Civil Rights Act of|068(42U.8.C. §J6Ol u1soq.),us amended, relating 10
nondiscrimination in the ou|m, oniu| or financing of housing.
i� Tidc44 Code ofFodcud Regulations ({�fR)Puds7. 16, and |9m|utin81mnondiaorinuinu1inu.
' The requirements of any other nondiscrimination provisions in the specific mtuiu1o(m) under which
the application for federal assistance ia being made.
k. The nondiscrimination requirements and all other provisions wf the current edition uf the Office
of Justice Programs Financial and Administrative Guide for Grants, M7l0O,\.
Page 2 Initials —
18. In the event that u federal m state court m federal mstate administrative agency makes ufinding of
discrimination after u due process hearing on the grounds or race, color, religion, mationu origin, gender,
o, disability against o recipient of funds, the recipient will forward copy of the finding ioCal EMA,
yBMA and the O.S. Department ofJustice Office ofCivil Rights, Office ofJustice Programs.
|!l Will provide on Equal Plan, i[ applicable, 0o the Department of Justice Office
of Civil Bights within 6O days uf grant award.
0. Will comply with the requirements of Titles U and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Ac uf|A7O(42 D.S.C. §460| ctscq. [P1. 91-646]) which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
{cdcru||y assisted programs. These requirements apply toall interested inreal property acquired for
project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR,
Part 25, Uniform kc|uco1ion Assistance and Real Property Acquisition for Federal and Pedoru||y+&ssis1ed
Programs.
21. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(u ) af the Flood
Disaster Protection Adof|073 (P.[93'234)which requires recipients inospecial flood hazard area 10
participate in the program and 10 purchase flood insurance if the total coa of insurable construction and
acquisition is$l0,000ormore.
22. Will comply with all applicable federal, state, and local environmental and historical preservation(EHP)
requirements, Failure 0n meet federal, state, and local EHp requirements and obtain applicable permits
may jeopardize federal funding. Applicant will comply with all conditions placed onany project usthe
result nf the B8P review; any change hm the scope nf work ofu project wdU require reevaluation of
compliance with these EHPrequirements,
23. Will comply with all regulations applicable to0DS/FEMA grants including, but not limited to, 44CFR,
Part i0, Environmental Considerations. Applicant will also comply with all state laws, including the
California Environmental Quality Act.
24. Agrees not 1m undertake any project having the potential Vm impact the 88P resources without the prior
written approval m[C)BS/PEMLA and Cal EM/\ including, but not limited to, ground disturbance,
construction, modification 10 any structure, physical security enhancements, communications towers, any
structure over 50 years old, and purchase and/or use of any sonar equipment. The subgnan1ccmust
comply with all conditions and restrictions placed on the project usurcsu|tofthe CBPrrvicn. Any
construction- related activities initiated without the necessary G0P review and approval will result in a
noncompliance finding, and may not hceligible for reimbursement with O8S/F£k4&/Ca| BM& funding.
Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-
disturbing ac|ivi1iumoccurdurinA1hopnojmciimp|cmcn\ution,thcouhgrauteemustcnsu,rmunito,ingof
the disturbance. |f any potential archeological resources are discovered, the subgrontccwill immediately
cease activity }n that area and notify D8B/FBM/\` Cal EM/\. and the appropriate State Historic
Preservation Office.
25. Agrees any construction activities that have been initiated prior to the full environmental and historic
preservation review could result in non-compliance finding, Subgrantees must complete the FGMt\ 8RP
Screening Form (OMB Number |6h0'8||5/FEM/\ Form O24'O-0|) and submit it, with all supporting
dnoumcnUa1ion`tu Cal EM/\ for review. The BDP Screening Form is part oFun Information Bulletin
available at: .
Grantees should submit the FEM/\ERPScreening Form for each project as soon aa possible upon
receiving their grant award.
26. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the
accomplishment ofthis project, are not on the Environmental Protection /\gency`s(EPAs) List of
Violating Facilities, and will notify Cal BMA and 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 imunder
consideration for listing by the EPA,
27. Will provide any information requested bvDBS/FEK4A and/or Cal 2K4A to ensure compliance with
applicable laws, including the following:
o. Institution of environmental quality control measures under the National Environmental Policy
Act, National Historical Preservation Act, Archaeological and Historic Preservation Act,
Endangered Species Act, and Executive Orders mnF|oodp|aine(||908), Wetlands (l)990),
Environmental Justice (|2098), and Environmental Quality (ll5|4).
b. Nodficutionof violating facilities pursuant to£0 11738.
C. Assurance of project consistency with the approved state management program developed under
the Coastal Zone Management Act of|972(\6D.S.C. §8 1451 ot*cq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of
the Clean Air Act of|955,ay amended (42U.S.C.§74U| c{ycq.).
C. Protection of underground sources of drinki rig water under the Safe Drinking Water Act of 1974,
o* amended (P.L03-523).
[ California Environmental Quality Act (C£O'4).California Public Resources Code Sections
2|00O-2\04D: California Code of Regulations (CC8).TiUe }4, Chapter ] Sections |5000-l5807.
g. Wild and Scenic Rivers Act of|068(|6O.8.C.§§ 1271 etncq.) 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.L97-]48) 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.
28. Will comply with Standardized Emergency Management System (SEMS)requirements as stated inthe
California Emergency Services Act, Government Code, Chapter 7ofDivision | of Title 2,Section
86O7.|(e) and CC& Title lA, Sections 2445,2446,2447, and 2448.
29. Agrees that all publications created mpublished with funding under this grant shall prominently contain
the following statement: "This document was prepared under ugrom//rxnFEAMs Grant Programs
Directorate, OS Department ofHomeland Security, Points of view or opinions expressed in this
document are those uf the authors and db not necessarily repno /�
exu/6xoc/u/puxi/ioonrpolir/u,o/
FEAM's Grant Programs Directorate orthe US. l}e/xronen/ofl6ame/und Secur/(y. ^' The recipient also
agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked
us follows: "Purchased w/thfum6 provided 6v the CS. Department ofHomeland Seuor/(x"
30. Acknowledges that DHS/FEMA reserves amyalty-free, nonexclusive, and irrevocable license to
ncorwducu' publish, mo otherwise use, and authorize other to use, for federal government purposes: u) the
copyright in any work developed under um award u«suh'awun1; and b) any rights of copyright to which a
recipient or sub-recipient purchases ownership with federal support.
3|. The recipient agrees to consult with DHS/FEMA and Cal EMA regarding the allocation of any paten
rights that arise firnm,o« are purchased with, this funding.
�2.Bas requested through the State ofCalifornia, federal financial assistance to be used to perform eligible
work approved in the submitted application for federal assistance and after tile receipt of federal financial
assistance, through the State of Cal ifornia, agrees to the following:
a. Promptly return 0othe State m[California all the funds received, which exceed the approved,
actual expenditures as accepted by the federal or state government,
Page 4 Initials —
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the
amount of the reduction will be promptly refunded to the State of California.
C. Separately account for interest earned on grant funds, and will return all interest earned, in excess
of S 100 per Federal Fiscal Year,
33, 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 19 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).
34. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit
the political activities of employees whose principal employment activities are funded in whole or in part
with federal funds.
35. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
36. Understands and agrees that the applicant, grantees, subgrantees, recipients, sub-recipients, employees of
the applicant, grantees, subgrantees, recipients and subrecipients, may not:
a. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
b. Procure a commercial sex act during the period of time that the award is in effect; or
c. Use forced labor in the performance of the award or subawards under the award.
Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any
award, without penalty, if the subgrantee that is a private entity:
d. Is determined to have violated a prohibition identified in paragraph 35, subsections a, b, or c-,
or
e. Has an employee who is determined by the agency official authorized to terminate the award
to have violated a prohibition in paragraph 35 subsection a, b, or c through conduct that is
either:
i. associated with performance Linder this award; or
ii, imputed to the authorized agent or subrecipient using the standards and due process
for imputing the conduct of an individual to an organization provided in 2 CFR Part
180, OMB Guidelines to Agencies on Government wide Department and
Suspension (Non-procurement)," as implemented by DHS./FEMA at 2 CFR, Part
3000,
And further understands that subgrantees and subrecipients must:
f. Inform Cal EMA immediately of any information received from any source alleging a
violation of a prohibition in paragraph 35 subsection a, b, or c,
g. FEMA's right to terminate unilaterally as described in paragraph 35 implements section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 USC
7104(g)). The right of FEMA and Cal EMA to terminate this award unilaterally is in addition
to all other remedies for noncompliance that are available under this award.
Page 5 Initials —
h. For purposes uf this term:
i °Emo|uveo, means either:
i an individual onpkzvmd by the subgrantee o«yubrecipient who is engaged in
the performance of the project orprogram under this award; or
ii. another person engaged iu the performance ofthe project or program under
this award and not compensated by the subgrantee or subrecipient, including,
but not limited to, a volunteer or individual whose services are contributed by
u third party uaao in-kind contribution toward cost sharing ormatching
requirements.
ii. ^^Pommd labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining ofu person for labor or
services, through the use of force, fraud, Or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage oc slavery.
iii.°Priva1cor8ity" mouosunycn|ityo/hcrthunaoiatc,|mua|guvornuocni|ndianTiibo,
or foreign public entity, uo those terms are defined in CFB 175.25` and includes
non-profit organizations, including any non-profit institution uf higher education,
hospital, or tribal organization other than one included in the definition nfIndian
Tribe a12CFK l75.25(6), and for-profit organizations.
iv. "Severe forms oftrafficking in poraonn'`'"commercial sex uct," and °umcoion" have
the meanings given at section 103 of the TVPA, as amended (22 USC 7102).
37. Will comply, d' applicable, with the Laboratory Animal Welfare Act of\966(P.}~89-544 uy 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.
38. Will comply with the minimum wage and maximum hour provisions ofthe Federal Fair Labor Standards
Act (29O.8.C. 201), as they apply to employees of institutions of higher education, hospitals, and other
non-profit organizations.
39. Agrees that "Classified national security infovmubon.''ox defined in Executive Order (ED)|295D,us
amended, means information that has been determined pursuant 1oE() \2q58or any predecessor order |o
require protection against unauthorized disclosure and is marked to indicate its classified status when in
documentary form.
40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreernent
for goods or services that will include access ioclassified national security information if the award
recipient has not been approved for and has access {osuch information,
41. Agrees that where uo award recipient, grantee, suhreo 'en\orsubgrontenhushcon approved for and has
access to classified national security information, no funding under this award shall be used to support a
contract, subuwurd,cn other agreement for goods c« services that will include access tocioyaificdnational
securitv information by the contractor, subawardee, or other entity without prior written approval from the
DHsODiccofSecurity, Industrial Security Program Brunch(|SPB). or, an appropriate official within the
federal department cx agency with whom the o|umuifimdeffort will bcperformed. Such contracts,
submxardo,or other agreements shall bc processed and administered in accordance with the 0H8
"Standard Operating Procedures, Classified Contracting bvSt,UcaundLoon|Enhhoa,"duh:d}u|y7.2O08;
EOs|2D29, 12958, |2968,un amended; the National Industrial Security Program Operating Manual
(NiSPOM); and/or other applicable implementing directives or instructions. All security requirement
documents are located at: .
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42. Understands that immediately upon determination bv the award recipient tbe1bundiugundc«thiamxmrd
will be used tosupport such u contract, oobu*urd,^r other agreement, and prior to execution ofany
actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient
shall contact ISPB, or the applicable federal department or agency, for approval and processing
instructions,
DRS0ffimmmf Security l8PB contact |n6onnedon:
Telephone: 202-447-5346
E-mail: DD254AdiniiiistratiVeSCCLirityC(�,diis.gov
Mai}: Department of Homeland Security
Office ofthe Chief Security Officer
AT]N:/\SD8ndoatria| Security Program Druooh
Washington, DC 20528
43. Agrees with the requirements regarding Data Universal Numbering System (DDNS)Numbers, meaning J
recipients are authorized to make oubawardu under this award, they must notify potential subrecipicnts
that no entity (see definition in paragraph Cof this award term) may receive or make maubawardu»any
entity unless the entity has provided its DUNS number.
a. For purposes of this award term, the following definitions will apply:
i "Data Universal Numbering System (DUNS)' number means the nine digit number
established and assigned bv Dun and Bradstreet, Inc. (D&0to uniquely identify business
entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-
57||)cv the Internet (currently ui .
ii. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part
25, subpart C, usuGovernmental orgunizzVion, which is oytUc. |oou| government, or Indian
Tribe� oruforeign public co1ih/; ora domestic urforeign nonprofit organization; or
domestic or foreign for-profit organization; or a federal agency, but only as a sub-recipient
under mn award ormu6avvurdioo non-federal entity.
iii. ^'Subuwuod" means a legal instrument to provide support for the performance of any portion
o[ the substantive project c«pnmgoynt6rwhimhymurcceivm]1hiyuwurdund1hadyouuo1hu
recipient award 1ouu eligible outvecipicnLlt does not include your procurement ofproperty
and services needed k/ carry out the project nr program (for further explanation, see Sec. 2|0
of the attachment to OMB Circular A- 13 3, "Audits of States, Local Governments, and Non-
Profit Organizations") and may be provided through any legal agreement, including an
agreement that you consider ucontract.
iv. ^'8u6reuipient" means anentity that receives asu6mwurd from you under this award; and is
accountable 10 you for the use uf the federal funds provided hy the oubmvun].
44. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Section 276a to 276a-
7), thoCoocund&ct(40D.8.C.Sccdon276cund18U.S.C. Sections 874). and the Contract Work Hours
and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for kdeoJ|y-ussiu*ed
construction sub-agreements.
45. Agrees that:
u. No federal funds have been paid or will bo paid, bvoron behalf ofthe undersigned,
0m any person for influencing o, attempting 0z influence an officer or employee mf any agency, o
Member of Congress, an officer m employee af Congress, man employee ofuMember of
Congress in connection with the making of any federal grant, the entering in|oofunycuopootivc
agreement, and the extension, continuation, renewal, amendment, ormodifivati*nof any federal
grant mr cooperative agreement.
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b. If any other funds than federal appropriated funds have been paid m will be paid to any person for
influencing mattempting to influence an officer m employee of any agency, uMember of
an officer man employee of Congress, memployee ofa Member of Congress in
connection with the federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form LLL. "Disclosure of Lobbying &utiv|dem,"io accordance with its
instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers including subgrants, contracts under grants and
cooperative agreements, and subcontract(s) and that all sub recipients shall certify and dimo|omc
accordingly.
d. This certification imumaterial representation offact upon which reliance was p|oond when this
transaction was made or entered into, Submission of this certification is a prerequisite for making
or entering into this transaction imposed 6vsection |352, Title 3i,U.8.Code. Any person who
fails |o file the required certification shall bo subject toucivil penalty ofnot less than $|O,O00
and not more than $|O0,000 for each such failure.
46. Agrees that equipment acquired or obtained with grant funds:
u. Will bc made available pursuant toapplicable terms of the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives *f the various fire, emergency
medical, hazardous materials response services, and law enforcement agencies within the
jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire
Services and Rescue Mutual Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
47. Agrees that funds awarded under this grant will be used to supplement existing funds for program
activities, and will not supplant (replace) non-federal funds.
4O. Will comply with all applicable federa statutes, regulations, ooUdmm, guidelines and requirements',
including OMB Circulars A102 and A-133,E.O.12372 and the current Administrative Requirements,
Cost Principles, and Audit Requirements.
49. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other YVon-Pnzfit
Organizations (OMB Circular /\'||U); Part 225 Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A-87); Port 220 Cost Principles for Educational Institutions (OMB 0ou|ur
A-21); Part 230 Cost Principles for Non-Profit Organizations (OMB Circular A-122).
50� Will comply with Subtitle A4 Title llufthe Americans with Disabilities Act (ADA)\Pg0
51. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or
evaluation of any activities within this agreement.
52. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts v/itbCummcroiu| Organizations.
53. Will comply with the financial and administrative requirements set forth in the cur-rent edition of the DH8
Financial Management Guide.
54. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011
Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the
Page 8 Initials —
FY210llHomeland Security Grant Program Guidance and Application Kit. All allocations and use of
funds under this grant will be in accordance with the Allocations, and use of grant funding must support
the goals and objectives included in the state and/or Urban Area Homeland Security Strategies as well as
the investments identified in the Investment Justifications which were submitted um part n[the California
FY 2O1| Homeland Security Grant Program application. Further, use ofFy 2011 funds ia|imi1cd to
those investments included in the California FY2Ql| Investment Justifications submitted to[)8S/y£MA
and Cal GK4Aond evaluated through the peer review process.
55. WU| not make any award or permit any award or contract) to any party that is debarred m
suspended or iy otherwise excluded from or ineligible for participation in federal assistance programs
under EOs 12549 and 12689, "Debarment and Suspension".
56. As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for
prospective participants in primary covered transactions, the applicant oortifiosdhu|b and its principals:
a- Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to
u denial of federal benefits bvu state or federal court, mr voluntarily excluded from covered
transactions bv any federal department nragency.
b. Have not within u three-year period preceding this application been convicted ofor had ucivi|
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting tnobtain, o, performing upublic (federal, state, or local) transaction or
contract under u public transaction; vim|olicm of federal nr state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification mr destruction ofrecords, making false
uio|emen{u, or receiving stolen property.
c. Are not presently indicted for orotherwise criminally o, civilly charged byo 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 u three-year period preceding this application had one or
more public transactions (federal, state, or local) terminated for cause or default; and where the
applicant is unable to certify to any of the statements in this certification, he or she shal I attach an
explanation to this application.
57. Agrees to comply with the Drug-Free Workplace Act of 1988, and certifies that k will m will continue to
provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, oruyeo[uonntrw|udouhstanociaprohibitod in the grantee's norkp|oce
and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an ongoing drug-free awareness program to inform employees about:
L The dangers uf drug abuse in the
ii. The grantee's mdicyofmmintaiuinQadrug-froenorkp|uoo;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may bc imposed upon employees for drug abuse violations occurring
in the workplace.
C. Making hu requirement that each employee engaged in the performance of the grant be given u
copy of the statement required 6v paragraph (a).
d. Notifying the employee in the statement required by paragraph (o)that, umycondition of
employment under the grant, the employee will:
i &b�cbv�u�nn of the � ' — `
ii Notify the employer in writing of his m her conviction for uviolation ofa criminal drug
statute occurring |o the workplace no later than five calendar days after such conviction.
Page 9 Initials —
Notifying Cal EMA, in writing, within |O calendar days ufterreceiving notice under
subparagraph (d)(ii) from an employee motherwise receiving actual notice of such conviction,
Employers of convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, DC20531
Notice shall include the identification nf each affected grant.
Taking one of the following actions, within ]U calendar days of receiving notice under
subparagraph (d)(ii), with respect (oany employee who ixooconvicted.
i. Taking appropriate personnel action against such an employee, upiu and including
termination, consistent with the requirements of the Rehabilitation Act of|973,as
amended;
or
ii Requiring such employee tm participate satisfactorily inu drug abuse assistance ur
rehabilitation program approved for such purposes by federal, ukgc` or local health, law
enforcement, or other appropriate agency.
g. Making a good faith effort tm continue tm maintain u workplace through implementation
50. Will comply with all applicable requirements of all other federal and state laws, GOs,regulations,
program and administrative requirements, policies and any other requirements governing this program.
59. Understands the reporting ofaubawardoand executive compensation rules, including first tier yuba*ardu
to Cal EMA.
u Applicability: unless you are exempt as provided in subsection (d) ofthis paragraph, subrecipient
must report each action that obligates $25,0OOm more in Federal funds that does not include
Recovery funds (as dcfinedinsection |5|2(a)(2)o[ the American Recovery and Reinvestment
Act m[200g.
b. Where and when to report: you must report each obligating action described in the following
paragraphs om Cal 8MA. For mubowand information, report no later than the end of the month
following the month in which the obligation was made. (For example, if the obligation was made
on November 7,2Ol|, the obligation must ho reported bvno later than December 3|.2O)|j
C. What to report: YOU Must report the information about each obligating action that the submission
instructions posted in Information Bulletin 35U, to Cal £M/\.
d. Reporting Total Compensation of Recipient Executives: You must report total compensation for
each of your five most highly compensated executives for the preceding completed fiscal year, i[
iTheiotal federal funding authorized to date under this award ie$25,000mmore;
ii bn the preceding fiscal year, you received DO percent nr more oY your annual gross
revenues from federal procurement contracts (and subcontracts) and federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards);
and $25,000,000 or more in annual gross revenues from federal procurement contracts
(and subcontracts) and federal financial assistance subject tm the Transparency Act, us
defined at 2 CPR 170.330 (and uoha*urdu); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section |3(o)or|5(d)of the Securities Exchange Act
oflP34(|5U.S.C.78m(o),78o(d))or section dl04of the Internal Revenue Code ofl986.
(To determine if the public has uconas to the compensation information, see the U.S.
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Security and Exchange Commission total compensation filings at
iv. 8ubrecipient Executives. Unless you are exempt as provided above, for each first-tier
subrecipient under this award, you shall report the names and total compensation ofeach
of the subrccipien('s five most highly compensated executives for the subrccipiot'o
preceding completed fiscal year, ifiu the subrecipient's preceding fiscal year, the
subrecipient received 80 percent or more of its annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, oa defined ut2CFll l70.320 (and suhawurdu); 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 io information about the compensation ofthe executives
through periodic reports filed under section 13(a) or )5(d)ofthe Securities Exchange Act
of|Y34(\5U.S.C.78m(o),70o(d))nr section 6lO4of the Internal Revenue Code ofl086.
(To determine if the public has access io the compensation information, see the U.S.
Security and Exchange Commission total compensation filings o1
.)you must report subrccipientexecutive tniu|
compensation toCal EMA bv the end nfthe month following the month during which you
make the aubowwnd. For example, i[aaubmvunjis obligated on any date during the month
o[ October w{m given year (i.e., between October l and 3|), you must report any required
compensation information of the suhcecipiontbv November 30of that year,
61 Exemptions k/ Paragraph 59 include: If, inthe previous tax year, you had gross income, from all sources,
under $300,000,you are exempt from the requirements toreport onaubawards, and the total
compensation ofthe five most highly compensated executives of any subrecipicnt.
a. Definitions associated with paragraph 59 include:
i. ''Execuike" means officers, managing purtncrs or any other employees inmanagement
positions.
ii. "Total compensation" means the cash and noncash dollar value earned by the executive
during the recipient's nrsubrecipiont's preceding fiscal year and includes the following
(for more infort-nation see 17 CFR 229.402(c)(2)):
• Salary and bonus.
• Awards of stock, stock options, and stock appreciation rights. Use the dollar
amount recognized for financial statement reporting purposes with respect to
the fimzu|year |n accordance with the Statement nf Financial Accounting
Standards No. l23 (Revised 2U04)(FAS |23R). Shared Based Payments.
• Earnings for services under non-oquity incentive plans. This does not
include group |i(e, health, hospitalization or medical reimbursement plans
that do not discriminate in favor of executives, and are available generally to
all salaried employees.
• Change in pension value. This ix the change in present value ofdefined
benefit and actuarial pension plans.
• Above-market earnings on deferred compensation which is not tax-qualified.
• Other compensation, if the aggregate value of all such other compensation
(e.g., severance, tennination payments, value of life insurance paid on behalf
of the employee, perquisites or property) for the executive exceeds $ 10,000.
61. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
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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:
Title:
Date:
Page 12