HomeMy WebLinkAboutCC AG PKT 2007-12-10 # R
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AGENDA REPORT
DATE:
December 10, 2007
TO:
Honorable Mayor and City Council
THRU:
David Cannany, City Manager
FROM:
Jeff Kirkpatrick, Chief of Police
SUBJECT: '
Homeland Security Grant Program Agreement for
Transfer Funds for Purchase of Equipment/Services or
Reimbursement of Training Costs Resolution
SUMMARY OF REQUEST:
The proposed City Council action will adopt a resolution allowing the City of Seal Beach to
enter into an Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement
of Training Costs for Federal Homeland Security Grant Programs. The City Manager and Chief
of Police 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.
BACKGROUND:
The Federal Homelands Security Appropriations Act provides funding to address the needs of
high risk urban areas through planning, equipment, 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 USA! sub-
grants from the Cities of Anaheim/Santa Ana and the County of Orange. The City must enter
into agreements with the County of Orange and the City of Santa Ana which is the UASI core
agency for the Santa Ana/Anaheim Urban Area to facilitate the transfer of Homeland Security
Grant funds.
The City of Seal Beach City Manager and Chief of Police need 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.
FISCAL IMPACT:
None. Acceptance of these funds will help offset currently planned and future public safety
expenditures servicing the City of Seal Beach for a variety of needs which may fall under the
umbrella of HomeJand Security.
Agenda Item ~
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RECOMMENDATION:
Staff recommends the City Council adopt resolution number _ the Agreement for Transfer
or Purchase of Equipment/Services or for Reimbursement of Training Costs for Urban Area
Security Initiative Homeland Security Grant Programs.
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Jeff . kpatrick, Chief of Police
NOTED AND APPROVED:
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David Cannany, Citkager
Attachments: Resolution
RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING AGREEMENT FOR TRANSFER OR
PURCHASE OF EQUlPMENTISERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS FOR FY07 URBAN
AREA SECURITY INITIATIVE (UASI) BETWEEN TIlE CITY OF
SANTA ANA AND TIlE CITY OF SEAL BEACH
WHEREAS, the City of Santa Ana ("CITY''), acting through the Santa Ana Police
Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the
FY07 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled
"FY07 Urban Areas Security Initiative" from the Federal Department of Homeland Security-
Office of Grants and Training, through the State of California Office of Homeland Security,
to enhance countywide emergency preparedness, hereafter referred to as ''the granf', as set
forth in the grant guidelines and assurances that are located at :
btto:/Iwww.homeland.ca.l!Ov/odflfv07 bSI!D 2uidence.Ddf and
htto:/lbome1and.ca.l!Ov/odflFY07 HSGP-StateSUDDlemental6-I-07.odf
and incorporated to this Agreement by reference. Copies of the grant guidelines shall be
retained in tbe Anaheim/Santa Ana Grant Office.
WHEREAS, this financial assistance is administered by the City of Santa Ana
("CITY") and is overseen by the California Office of Homeland Security (OHS); and
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WHEREAS, this financial assistance is being provided to address the unique
eqnipment, training, planning, and exercise needs of the large urban areas, and to assist them
in building an enbanced and sustainable capacity to prevent, respond to and recover from the
threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of the City of
Santa Ana, The City of Anaheim, the unincorporated area of the County of Orange, and 34
participating jurisdIctions; and
WHEREAS, the Office of Grants and Training (G&n awarded aFY07 UASI Grant
of $11,072,000 ("Grant Funds'') to the City of Santa Ana, as a Core City, for the use in the
ASAUA; and
WHEREAS, tbe City of Santa Ana has designated the Chief of Police and the Santa
Ana Pohce Department, Homeland Security Division ('VASI Grant Office") to provide for
terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY07 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ("Agreemenf') to the
City of Seal 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.
THE CITY COUNCIL OF TIlE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
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SECTION 1. The City Manager or Chief of Police are 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 under the
Urban Areas Security Initiative or FY07 UASI Grant Program, provided that such action
does not obligate the City of Seal Beacb to provide matching flmds or additional personnel.
SECTION 2. The City Clerk shall certify as to the adoption of this Resolution.
Resolution Number xxxx
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PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular
meeting held on the 10th day of December. 2007 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNC1LMEMBERS
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Mayor
ATTEST:
City Clerk
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STATEOFCALIFORNlA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
!, Linda Devine, City Clerk for the City of Seal Beach, Califomia, do bereby certify that the
foregoing resolution is the original copy of Resolution Number_ on file in the office of
the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach
at a regular meeting held on the 10th day of December , 2007.
City Clerk
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TABLE OF CONTENTS
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Section DescriDtion
Pace
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INTRODUCTION
~101. Parties to the Agreement
~ 102. Representatives of the Parties and Service of Notices
~103. Independent Party
~ 104. Conditions Precedent to Execution of this Agreement
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II
TERM AND SERVICES TO BE PROVIDED
~201. Time of Performance
~202. Use of Grant Funds
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III
PAYMENT
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~301. Payment of Grant Funds and Method of Payment
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IV
STANDARD PROVISIONS
~01. Construction of Provisions and Titles Herein
~02. Applicable Law, Interpretation and Enforcement
~03. Integrated Agreement
~404. Excusable Delays
~405. Breach
~406. Prohibition Against Assignment or Delegation
~407. Permits
~08. Non Discrimination and Affirmative Action
~09. Bonds
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TABLE OF CONTENTS
Section Descriotion
~ 10. Indemnification
~411. Conflict of Interest
~12. Restriction on Disclosures
~413. Statutes and Regulations Applicable to All Grant Contracts
~14. Federal, State, and Local Taxes
~415. Inventions, Patents and Copyrights
~416. MBENVBE
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DEFAULTS. SUSPENSION. TERMINATION. AND AMENDMENTS
~501. Defaults
~502. Amendments
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ENTIRE AGREEMENT
~601. Complete Agreement
~602. Number of Pages and Attachments
Execution (Signature) Page
EXHIBITS
Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit B Certification Regarding Lobbying
Exhibit C FY07 Anaheim/Santa Ana Application for Project Funding
Exhibit D Grant Assurances
Exhibit E Reimbursement Request for Grant Expenditures
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Agreement Number:
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AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY07 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF SANTA ANA
AND CITY OF SEAL BEACH
THIS AGREEMENT is made and entered into this day of ,2007, by and
between the CITY OF SANTA ANA, a municipal corporation (the "CITY,"), and CITY OF
SEAL BEACH,(the"SUB-RECIPIENT" or "Contractor").
WITNESSETH
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 FY07 Urban
Areas Security Initiative, has applied for, received and accepted a grant entitled "FY07
Urban Areas Security Initiative" from the federal Department Of Homeland Security - _
Office of Grants and Training, through the State of California Office of Homeland .,
Security, to enhance countywide emergency preparedness, hereafter referred to as "the
grant", as set forth in the grant guidelines and assurances that are located at
http://www.homeland.ca.gov/pdfIfy07_hsgp...Quidance.pdf and http://www.homeland
.ca.gov/pdf/FY07 _HSGP-StateSupplementaI6-1-07.pdf, and incorporated to this
Agreement by reference. 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 Office of Homeland Security (OHS); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of the City
of Santa Ana, the City of Anaheim, the unincorporated area of the County of Orange,
and 34 participating jurisdictions; and
WHEREAS, the Office of Grants and Training (G&T) awarded a FY07 UASI
Grant of $11,072,000 ("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 and the Santa Ana
Police Department, Homeland Security Division ("UASI Grant Office") to provide for
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terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY07 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to
CITY OF SEAL BEACH (SUB-RECIPIENT) and others;
WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this
Agreement as authorized by the City Council and the City Manager which authorizes
the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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INTRODUCTION
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9101. Parties to the Aareement
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.. CI-TY OF SEAL BEACH, a municipal corporation, 211 8th Street, Seal Beach, CA
90740
9102. Recresentatives 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:
Carlos Rojas, Commander
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA. 92702
Phone: (714) 245-8722
Fax: (714) 245-8098
croias@santa-ana.ora
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2. The representative of CITY OF SEAL BEACH shall be:
Sergeant Tim Olson
Seal Beach Police Department
911 Seal Beach Blvd, Seal Beach, CA 90740
Phone: 562-799-4127 .
tolson@ci.seal-beach.ca.us
with a copy to:
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<<NAME OF 2nd RECIPIENT IF APPlICIABLE>>
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, retum 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. IndeDendent Partv
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.
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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 D and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required
by Executive Order 12549 in accordance with Section 415A 12 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 aiso file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or
which materially affects the accuracy of the information contained in any
Disclosure Form previously filed by SUB-RECIPIENT.
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II
TERM AND SERVICES TO BE PROVIDED
~201. Time of Performance
The term of this Agreement shall commence on October 3, 2007 and end on
Marc~ 31, 2010 or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period oftime 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-RECIPIENTS purchasing and
bidding procedures. SUB-RECIPIENT shall specify the equipment, _
services, exercises and training to be purchased using the Application for .,
Project Funding attached hereto as Exhibit C.
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
httos:llwww.rkb.miot.ora, 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 07 UASI Grant can be found at OMB Circular A-1 02, Title 28
C.F.R. Part 66.36, and the Office of G&T Financial Management Guide.
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
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materials response services, and law enforcement agencies within
the jurisdiction of the applicant;
2. Shall be consistent with needs as identified in the State Homeland
Security Strategy and deployed in conformance with that plan:
3. Shall be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan;
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4. Shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33
and Office of G&T Financial Management Guide. For the purposes of
this subsection, "Equipment" is defined as nonexpendable property
that is not consumed or does not lose its identity by being
incorporated into another item of equipment, which costs $5,000 or
more per unit, or is expected to have a useful life of one (1) year or
more. Items costing less than $5,000, but falling into the following
categories are also considered Equipment: (1)electronics
communications equipment for stationary or vehicular use, including
cellular telephones acquired by lease or purchase, and (2) electronic
office equipment, including facsimile machines, copiers, electric
typewriters, personal computers (monitors and CPU's), terminals and
printers;
5. Shall be used by SUB-RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
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7. Shall be recorded on a ledger. This record must be updated bi-
annually and forwarded to the City. The record shall include: (a)
description of the item of Equipment, (b) manufacturer's model and
serial number, (c) Federal Stock number, national stock number, or
other identification number; (d) the source of acquisition of the
Equipment, including the award number, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) records showing
maintenance procedures to keep the Equipment in good running
order, and (h) location and condition of Equipment. Records must be
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retained pursuant to 28 C.F.R. Part 66.42, 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.
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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 2007 Homeland Security Grant Program, as set forth above.
All training expenses must be pre-authorized by OHS at
http://www.calguard.ca.gov/cajs-hs/nonslgcpForm.htm. A catalogue of _
Grantor approved and sponsored training courses is available at .,
http://www.ojp.usdoj.gov/odpltraining.htm.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2007 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 2007 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 2007 Homeland Security Grant Program, as set
forth above. .
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III
PAYMENT
~30 1. Pavment of Grant Funds and Method of Pavment
A. The 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-RECIPIENTS purchasing
ana bidding procedures. SUB-RECIPIENT shall specify the equipment,
exercises, services or training to be purchased using the Application for Project
Funding, attached hereto as Exhibit C. Funds may be used for planning,
exercises, organizational and training activities, and the purchase of equipment
as described in Section 202 above.
B. SUB-RECIPIENT shall provide quarterly invoices to the CITY requesting
payment and all supporting documentation. Each reimbursement request shall
be accompanied by the Reimbursement Request for Grant Expenditures
(attached hereto as Exhibit E) detailing the expenditures made by SUB-
RECIPIENT as authorized by Section 202 above. 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 and packing slips. 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 an OHS tracking number
has been assigned to the course, timesheets and payroll registers for all
training attendees, and receipts for travel expenses related to the training. 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 tumed 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 offederal grant funds.
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IV
STANDARD PROVISIONS
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~01. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Sub-recipient" herein and in any amendments hereto includes the party or
parties identified in this Agreement. The singular shall include the plural. If
there is more than one Sub-recipient as identified herein, unless expressly
stated otherwise, their obligations and liabilities hereunder shall be joint and
several. Use of the feminine, masculine, or neuter genders shall be deemed to
include the genders not used.
~402. Aoolicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the CITY. This
Agreement shall be enforced and interpreted under the laws of the State of _
California and the CITY. .,
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby. .
~03. Intearated Aareement
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.
~04. Excusable Delavs
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 Govemment in _
either sovereign or contractual capacity; fires; floods; epidemics; quarantine .,
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restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
!i405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
!i406. Prohibition Aoainst Assionment or Deleoation
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.
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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.
!i40B. 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 Califomia, 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. SU~-RECIPIENT shall comply with Executive Order 11246,
entitled "Equal Employment Opportunity,' as amended by Executive Order
11375, and as supplemented in Department of Labor regulations (41 CRF
Part 60).
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If required, SUB-RECIPIENT shall submit an Equal Employment Opportunity
Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with
guidelines listed at 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
home}and security funds.
~41 O. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Govemment 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.
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~411. Conflict of Interest
A. The SUB-RECIPIENT covenants that none of its directors, officers,
employees, or agents shall participate in selecting, or administrating any
subcontract supported (in whole or in part) by Federal funds where such
person is a director, officer, employee or agent of the subcontractor; or where
the selection of subcontractors is or has the appearance of being motivated by
a desire for personal gain for themselves or others such as family business,
etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, Califomia Government Code
~871 00 et seq. if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
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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 interesf' 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 ofthe 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 goveming body.
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C. The SUB-RECIPIENT further covenants t~at 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 Califomia, and Federal regulations
regarding conflict of interest.
G. The SUB-RECIPIENT warrants that it has not paid or given and will not payor
give to any third person any money or other consideration for obtaining this
Agreement.
H. The SUB-RECIPIENT covenants that no member, officer or employee of
SUB-RECIPIENT shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in connection
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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".
~412. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result-of this Agreement are to be govemed by the California Public Records Act
(California Government Code Sec. 6250 et seq.).
~ 13. Statutes and Reculations Aoolicable 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:
1. Office of Manacement and Budcet COMB) Circulars
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SUB-RECIPIENT shall comply with OMB Circulars, as applicable:
OMB Circular A-21 (Cost Principles for Educational Institutions);
OMB Circular A-87 (Cost Principles for State, Local, and Indian
Tribal Governments); OMB Circular A-102 (Grants and Cooperative
Agreements with State and Local Govemments); Common Rule,
Subpart C for public agencies or OMB Circular A-11 0 (Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations); OMB Circular A-122 (Cost Principles for Non-Profit
Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations.
2. Sincle 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.
3. Americans with Disabilities Act
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SUB-RECIPIENT hereby certifies that it will comply with the
Americans with Disabilities Act 42, USC ~~ 12101 et~, and its
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5.
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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 nor 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.
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 $100,000.00 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 Oisclosure Form previously filed by SUB-
RECIPIENT. SUB-RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub-awards
at all tiers and that all subcontractors shall certify and disclose
accordingly.
Records InsDection
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 Califomia may deem necessary, SUB-RECIPIENT shall make
available for examination all of its records with respect to all matters
covered by this Agreement. The CITY, the U.S. Comptroller General
and/or the Auditor General of the State of Califomia shall have the
authority to audit, examine and make excerpts or transcripts from
records, including SUB-RECIPIENTS invoices, materials, payrolls,
records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
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SUB-RECIPIENT agrees to provide any reports requested by the e
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 SUB-
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
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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 orior to the release of anv 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.
8. Labor
SUB-RECIPIENT shall comply with the Intergovemmental
Personnel Act of 1970 (42 U.S.C. ~~4728-4763) relating to
prescribed requirements for merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A
of OPM's Standards for a Merit System Personnel Administration
(5 C.F.R. 900, Subpart F).
SUB-RECIPIENT shall comply, as applicable, with the provisions of e
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
IS
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 sea.
9. Civil Riahts
SUB-RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX
of the Education Amendments of 1972, as amended (20 U.S.C.
~~1681- 1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. ~794), which prohibits discrimination on the
basis of handicaps; (d) The Age Discrimination act of 1975, as
amended (42 U.S.C. ~~6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation act of 1970
(P.L. 91-616) as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) ~~523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. ~~290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII ofthe 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.
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10.
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Environmental
SUB-RECIPIENT shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced
or whose property is acquired as a result of Federal or federally-
assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal
participation in purchases.
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SUB-RECIPIENT shall comply with environmental standards which a
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 a
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 Iiste~ 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 sea. and is not impacting the
environment negatively.
SUB-RECIPIENT shall comply with the Energy Policy and
Conservation Act (P.L. 94-163, 89 Stat. 871).
SUB-RECIPIENT shall comply, if applicable, with the proviSion of the
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11.
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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.
Preservation
SUB-RECIPIENT shall comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. ~70), 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.
Susoension 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.
Drua-Free Workolace
SUB-RECIPIENT shall comply with the federal Drug-Free
Workplace Act of 1988, 41 USC ~701, 28 CFR Part 67; the
Califomia 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:
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1.
Title 28 Code of Federal Regulations (CFR) Part 66; 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.
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Department of Homeland Security, Office of Grants and Training, FY A
2007 Homeland Security Grant Program - Program Guidance and _
Application Kit; OOP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
Standardized Emergency Management System (SEMS)
requirements as stated in the Califomia Emergency Services Act,
Govemment Code Chapter 7 of Division 1 of Title 2, ~ 8607.1 (e) and
CCR Title 19, ~~ 2445-
2448.
Provisions of 28 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
Weiand Protection Procedures; Part 64, Floodplain Management and A
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 appropriat~; the provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1, 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, e
unless otherwise expressed. Travel including in-State and out-of-
State travel shall not be reimbursed without prior written
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authorization from the UASI Grant Office.
SUB-RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on the SUB-RECIPIENT'S travel policies
and procedures. If SUB-RECIPIENT does not have established
travel policies and procedures, SUB-RECIPIENT'S reimbursement
rates shall not exceed the amounts established by the State
Department of Personnel Administration Rules and Regulations,
PML 97-024, Section 599.619, dated July 1,1997 and Section
599.631, and as amended from time to time.
-_3.
Noncomoliance
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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 D. 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.
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~ 14. Federal. State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as
an independent party and not as a CITY employee.
~415. Inventions. Patents and Coovriahts
A. Reoortina Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation,
processes and business methods made in the course of work under this
Agreement, the SUB-RECIPIENT shall report the fact and disclose the
Invention promptly and fully to the CITY. The CITY shall report the fact and
disclose the Invention to the Grantor. Unless there is a prior agreement
between the CITY and the Grantor, the Grantor shall determine whether to
seek protection on the Invention. The Grantor shall determine how the rights in
the Invention, including rights under any patent issued thereon, will be .
allocated and administered in order to protect the public interest consistent
with the policy ("Policy") embodied in the Federal Acquisition RegUlations
20
System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub. a
L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum on _
Govemment Patent Policy to the Heads of the Executive Departments and
Agencies, dated 2/18/1983); and Executive Order 12591,
4/10/87,52 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.
B. Richts to Use Inventions
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 govemment purposes, any Invention developed under this
Agreement.
C. CODvricht Policv
1. 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, a
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. Richts 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)).
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E. Oblications Bindinc on Subcontractors
SUB-RECIPIENT shall require all subcontractors to comply with the
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obligations of this section by incorporating the terms of this section into all
subcontracts.
~416. Minority. Women. And Other Business Enterorise Outreach Prooram
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.
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V
DEFAULTS. SUSPENSION. TERMINATION. AND AMENDMENTS
~501. Defaults
Should SUB-RECIPIENT fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
~502. Amel!dments
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.
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VI
ENTIRE AGREEMENT
~601. ComDlete Aareement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
~602. Number of Paoes and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes twenty-five (25) pages and
five (5) Exhibits which constitute the entire understanding and agreement of the
parties.
24
IN WITNESS WHEREOF, the City and CllY OF SEAL BEACH have caused this a
Agreement to be executed by their duly authorized representatives on the date first set ..
forth above.
ATTEST:
CllY OF SANTA ANA, a municipal
Corporation of the State of Califomia
By:
Patricia E. Healy
Clerk of the Council
By:
David N. Ream
City Manager
RECOMMENDED FOR APPROVAL:
By:
Paul M. Walters
Chief of Police
SUB-RECIPIENT
CllY OF SEAL BEACH
APPROVED AS TO FORM:
By: ~ Ccl..L-h1rvv---
Paula Coleman
Assistant City Attomey
By: ~V
Printed Name o...vr,J (j..~
Title c...~ nCV\...,~
APPROVED AS TO FORM
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By:
Printed Name
Title
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2S
EXHIBIT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATIERS
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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 deparbnent 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 (I)
(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 ofthe statements in this certification, he or she shall
attach an explanation to this application.
~-
gl
Authorized Agent Si ature
()aw,c.t 00.A.N'\~
Printed or Typed Name
GOIj 1""\"'--,101(.
Title
Address:
~~~ 6cr-IJ
'l..J1 ~ O;t~
~~ &...-J,} cA
~O 7"'fa
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INSTRUCTIONS FOR CERTIFICA TJQN
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
, when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Govemment, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal
assistance funds leams that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower lier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Proarams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
28
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EXHIBIT B
CERTIFICATION REGARDING LOBBYING
Certification for Contracts. Grants. loans
and CooDerative Aareements
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 that $10,000 and not more than $100,000 for
each such failure.
AGREEMENT NUMBER
c..-~ e:;;oL ~~ 13~
CONTRACTOR/BORROWER/AGENCY
~...-el Cc::.A..IV\""", J ~ n~
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
" c:>-:.t ~ 1 11 . 7!P .07
SIGNATURE DATE
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Office of Homeland Security
FY07 UASI Grant Assurances
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By signing this agreement the SUB-RECIPIENT certifies the following:
1. 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 federal Department of Homeland
Security and sub-granted through the State of California.
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs
3. Will give the federal government, the General Accounting Office, the
Comptroller General of the United States, the State of California, through any
authorized representative, access to and the right to examine all paper or
electronic records, books, papers, or documents related to the award; and will
establish a proper accounting system in accordance with generally accepted
accounting standards or awarding agency directives.
4. Will provide progress reports and such other information as may be required
by the awarding agency.
5. Will initiate and complete the work within the applicable time frame after
receipt of approval of the awarding agency.
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6. Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain for themselves or others, particularly those
with whom they have family, business or other ties.
7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. ~~ 4801 et seq.) which prohibits the use oflead based paint in
construction or rehabilitation of residence structures. Will comply with all federal
statues relating to nondiscrimination. These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (p.L. 88-352), as amended,
which prohibits discrimination on the basis ofrace, 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; e
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (p.L. 91-616), as amended, relating to
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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 vm of the Civil Rights Act of 1968 (42 U.S.C. ~ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of
housing;
i. Title 28, Code ofFederal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28, CFR, Part 35;
k, Any other nondiscrimination provisions in the specific statute( s) under
which application for federal assistance is being made, and
I. The requirements on any other nondiscrimination statute(s) which may
apply to the application.
8. Will comply, or has already complied, with the requirements of Titles II and m of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. ~ 4601 etseq. (p.L. 91-646) which provides for fair and equitable
treatment of persons displaced or whose property is acquired as a result of federal
or federally assisted programs. These requirements apply to all interested in real
property acquired for project purposes regardless of federal participation in
purchases.
9. Will comply, if applicable, with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 (p.L. 93-234) which
requires recipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
'.
10. Will 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 FY06 Homeland Security Grant Program Page 45 l76(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 of1974, as amended, (P.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of
1973, as amended, (p.L. 93-205).
i. California Environmental Quality Act (CEQA). California Public Resources
Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3
34
Section 15000-15007.
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II. Will 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.
12. Will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO
11593 (identification and preservation of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq).
13. Will comply with Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act, Government
Code, Chapter 7 of Division 1 of Title 2, Section 8607.1 (e) and CCR Title 19,
Sections 2445, 2446, 2447 and 2448.
14. Has requested through the State of California, federal financial assistance to be
used to perform eligible work approved in the applicant's application for federal
assistance. Will, after the receipt of federal financial assistance, through the
State of California, agree to the following:
a. Promptly return to the State of California all the funds received which
exceed the approved, actual expenditures as accepted by the federal or state
government.
b. 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 eamed on grant funds, and will return all
interest earned, in excess of $1 00 per federal fiscal year.
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15. Will comply with the Intergovernmental Personnel Act of1970 (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).
16. 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.
17. Will comply with P.L. 93-348 regarding the protection of human subjects
involved in research, development, and related activities supported by this
award of assistance.
18. Will comply, ifapplicable, 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 wann blooded animals held for research, teaching, or other
activities supported by this award of assistance. FY06 Homeland Security Grant e
Program Page 46
35
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19. 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.
20. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40
U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c
and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for
federally assisted construction sub- agreements.
21. Will not make any award or pennit 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, "Debannent and Suspension."
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22. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with the making of any federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or an employee
of Congress, or employee of a Member of Congress in connection with the
federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions;
c. The undersigned shall require that the language of this certification be
included in the award documents for all sub awards at all tiers including
subgrants, contracts under grants and cooperative agreements, and
subcontract(s) and that all sub recipients shall certify and disclose
accordingly.
d. 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.
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23. Agrees that equipment acquired or obtained with grant funds:
a. Will 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.
b. Is consistent with needs as identified in the State Homeland Security Strategy
and will be deployed in conformance with that Strategy.
36
c. Will be made available pursuant to applicable terms of the California Disaster e
and Civil Defense Master Mutual Aid Agreement and deployed with
personnel trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services
and Rescue Mutual Aid Plan.
24. 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.
25. Will comply with all applicable Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars A-21, A-87, Al02, A-
HO, A-122, and A-133, E.O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements contained in Title 28,
Code of Federal Regulations, Part 66 or 70, that govern the application,
acceptance and use of Federal funds for this federally-assisted project.
26. Will comply, and assure the compliance of all its subgrantees and contractors,
with the 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 provision 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.
27. Will comply with provisions of 28 CFR applicable to grants and cooperative
agreements, Including:
a. Part 18, Administrative Review Procedures;
b. Part 20, Criminal Justice Information Systems;
c. Part 22, Confidentiality ofIdentifiable Research and Statistical Information;
d. Part 23, Criminal Intelligence Systems Operating Policies;
e. Part 30, Intergovernmental Review of Department of Justice Programs and
Activities;
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government Services;
g. Part 38, Equal Treatment of Faith-based Organizations;
h. Part 63, Floodplain Management and Wetland Protection Procedures;
i. Part 42, NondiscriminationlEqu,,1 Employment Opportunities Policies and
Procedures;
j. Part 61, Procedures for Implementing the National Environmental Policy Act;
k. Part 64, Floodplain Management and Wetland Protection Procedures; and
Federal laws or regulations applicable to Federal Assistance Programs.
I. Part 66, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
m. Part 67, Government-Wide Debannent and Suspension (Non-Procurement)
n. Part 69, New Restrictions on Lobbying
o. Part 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements (including sub-awards) with Institutions of
Higher Learning, Hospitals and other Non-Profit Organizations.
p. Part 83, Government-Wide Requirements for a Drug Free Workplace (grants)
37
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28. Will 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 (EP A) list of Violating Facilities and that it
will notify the Federal Grantor agency of the receipt of any communication from
the Director of the EP A Office of Federal Activities indicating that a facility to
be used in the project is under consideration for listing by the EPA.
29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act
(ADA)1990.
-
30. Will, in the event a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the
grounds or race, color, religion, national origin, sex, or disability against a
recipient of funds, the recipient will forward a copy of the finding to the Office
of Civil Rights, Office of Justice Programs.
31. Will provide an Equal Employment Opportunity Plan, if applicable, to the
Department of Justice Office of Civil Rights within 60 days of grant award.
32. Will comply with the financial and administrative requirements set forth in
the current edition of the Office of Justice Programs (OJP) Financial Guide.
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33. Will comply, ifapplicable, 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.
34. Will comply with all applicable requirements of all other federal laws, executive
orders, regulations, program and administrative requirements, policies and any
other requirements governing this program.
35. Understands that failure to comply with any of the above assurances may
result in suspension, termination or reduction of grant funds.
36. As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510
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;
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(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,
38
or performing a public (Federal, State, or local) transaction or contract under a e
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 (l)(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.
37. As required by the Drug-Free Workplace Act of 1988, and implemented at 28
CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections
67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an on-going drug-free awareness program to inform
employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace; .
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( c) Making it a requirement that 'each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the grant, the employee will
(I) Abide by the terms of the statement; and
(2) Notify the employer in writing ofhis or her conviction for a violation a
of a criminal drug statute occurring in the workplace no later than five .
calendar days after such conviction;
39
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(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice
Programs, A TfN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant;
:
(t) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted
(I) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
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(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e),
and (t).
As the duly authorized representative of the applicant, I hereby certify that the
applicant will comply with the above certifications.
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 0 -I~
Authorized Agent: ~ -----v
Printed Name of d
Authorized Agent: 0-'- ~~
Title: c.~ ~
Date: //-"bc>-o7
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Anaheim/Santa Ana Urban Areas Security Initiative
Reimbursement Request for Grant Expenditures
Mail Reimbursement Request to:
o This is the final reimbursement request
--
'O":~: ";:.~-~" ':.:' '.~' .;.. ..-::"<-'";,~:':::':: '!I..C;~':;f:; .,~~'.~<;-:~:--
- . JF:'Vn7 tJASli._-:<i ,,:' ,r,__",,',t-. -..,' , :.:.
~-. .~..u.:.~. ,_',." ,....~~;" - ',::-~--'r:;"~G-;;\'~!-":;;~-_
[j -'FY06' --C;:ASI
Anaheim Police Department
East Station - Homeland Security Bureau
Attn: Lisa ~avarro, Grant Coordinator
425 S. Harbor Blvd.
Anaheim, CA 92805
,- -
Santa Ana Police Department
Attn: Sgt. Enrique Esparza, Grant Coordinator
60 Civic Center Plaza
P.O. Box 1981
Santa Ana, CA 92102
I Agency I City Requesting Reimbursement I
Total Amount Requested:
Attach co ies ofsn ortin invoices
$
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Under penalty of perjury, I certify that:
. I am an authorized officer of the claimant herein.
. This claim is in all respects true, correct, and all expenditures were made in
accordance with applicable laws, rules, regulations and grant conditions and
assurances.
. All attached invoices for items and/or services have been received in full.
Autborized Agent
Phone Number
Printed Name
Title
E-Mail Ad~s
Mailing Address
Fax. Number
City, State, Zip Code
Signatwe
(Please sign in blue ink)
Date
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For AnaheimlSanta Ana UASI Grant Coordinator Use OnJV .
Approved for I Date: I
Processinl!::
Request Tracking Number: Acconnt #:
Grant: I UASI I Grant I Project: I Solution
Year: Area:
Speciallnstruclions'
Comments
42