HomeMy WebLinkAboutCC AG PKT 2009-01-12 #OAGENDA STAFF REPORT
DATE: January 12, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Jeff Kirkpatrick, Chief of Police
SUBJECT: HOMELAND SECURITY GRANT PROGRAM
AGREEMENT FOR TRANSFER OR PURCHASE OF
EQUIPMENT/SERVICES OR FOR REIMBURSEMENT
OF TRAINING COSTS FOR FY 2008 URBAN AREA
SECURITY INITIATIVE (UASI) HOMELAND SECURITY
GRANT PROGRAM PURPOSES
SUMMARY OF REQUEST:
The proposed City Council action will adopt a resolution allowing the City of Seal
Beach to enter into an Agreement for Transferor Purchase of Equipment /
Services or for Reimbursement of Training Costs for FY2008 Urban Areas
Security Initiative (UASI) Homeland Security Grant Program Purposes. The City
Manager will be authorized to execute on behalf of the City of Seal Beach any
actions necessary for the purpose of obtaining federal financial assistance
provided by the Department of Homeland Security and sub-granted through the
State of California, the County of Orange and the City of Anaheim in its capacity
as the "Core City" for the North Orange County Urban Area.
BACKGROUND:
The Federal Homelands Security Appropriations Act provides funding to address
the needs of high risk urban areas through planning, equipmenUservices,
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
equipmenUservices and training cost reimbursement through Homeland Security
and USAI 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 Anaheim which is the UASI core agency for the Santa Ana/Anaheim
Urban Area to facilitate the transfer of Homeland Security Grant funds.
Agenda Item Q
Page 2
The City of Seal Beach City Manager is 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 may offset public safety expenditures servicing
the City of Seal Beach for a variety of needs which may fall under the umbrella of
Homeland Security.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 5829 the Agreement for
Transferor Purchase of EquipmenUServices or for Reimbursement of Training
Costs for FY2008 Urban Areas Security Initiative (UASI).
SUBMITTED BY: NOTED AND APPROVED:
~i~~
J rk atrick, Chief of Poli David Carman ,City Manager
Attachments:
A. Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of
Training Costs for FY2008 Urban Areas Security Initiative (UASI)
B. Resolution No. 5829
RESOLUTION NUMBER 5829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING AGREEMENT FOR TRANSFER OR
PURCHASE OF EOUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS FOR FY 2008 URBAN
AREAS SECURITY INITIAVE (UASI) GRANT PROGRAM BETWEEN
THE CITY OF ANAHEIM AND THE CITY OF SEAL BEACH
WHEREAS, the City of Anaheim as the "Core City' for the North Orange County
Urban Area, a political subdivision of the State of California has applied for,
received and accepted a grant from the State of California, acting through its Office
of Homeland Security, to enhance countywide emergency preparedness.
WHEREAS, the terms of the grant requve that the City of Anaheim use certain grant
funds to purchase equipment, technology, or services that will be transferred to the
City of Seal Beach to be used for grant purposes.
WHEREAS, the City of Seal Beach and the City of Anaheim are desirous of
executing this Agreement as authorized by the City Council and the City Manager.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute for and on behalf of
the City of Seal Beach, a public entity established under the laws of the State of
California, any actions necessary to obtain federal financial assistance provided by
the Federal Emergency Management Agency Grant Program Directorate and sub-
granted through the State of California Office of Homeland Security.
SECTION 2. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 12th day of January , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Ciry Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5829 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 thereof held on the 12th day
of January , 2009.
City Clerk
'+A51 FYOS Anaheim/Santa Ana l1ASl
Aimh~' ~~
Grant Mananement Mema - 2~~8-0(
sonra'e
The Feclcral HSGP Guide for FY2003 in Appendix F states the following:
Prior to the transition to FEMA. the_former Office of Grates and Training oreoaredness
rp oerams followed The Denartrnent of Justice's codifies? regulations, 28 CFR and the
OGO Financial Management Guide. The former Office of Grants and Training is now
within FEMA and all_nreparedness_programs will follow FEcbI.A's codified regulations.
34 CFR."
The assurances titled "Office of Homeland Securih• FY03 Grant Assurances" have some
references [0 2S CFR.11te State OfTice of Homeland Security is aware of the discrepancy
and a currently working with FY".MA's Grant Programs Directorate and plans to release
clarification to these assurances at a later date. As soon tts the Anaheim/Santa Ana UASI
Offices receive this clarification they will forward it to their Sub-Recipients.
"1'he Analletm/Santa Ana l1.\SI Offices ackno+vled~:e the Tederal guidance. ~~e direct our
5uh-Recipients to sign the assurances in lhcir cttrrcnt format, follow relevant sections and
comph• n•tth FEMA by following =F~4 CFR ~rhete appropriate.
Respectful ly,
Serecant 13riau McElhanev
Anaheim Police Department
Office of Homeland Securit~•
F3'03 Grarrt Assurances
(All I ISf;P Appli~~nts)
\ame of Applicant:
,Address:
Gn•:-_-- _ _--- State: - _-- -Zip Code:
Telephone Numher:
FaC Number:
f:-\•I:til
•\s the duly authortzed representative of the applicant, 1 certify Ih:t[ the applicant named above:
I ll:ts tltc legal authority to apply for federal assistance, and hats the institutional, managerial and
finanetal capability to ensure proper planning, manugemcnt and completion of the grant provided
by the federal Department of hlomcland Security and sub-granted through the State of California.
Governor's Office of l-fotnelattd Security (OF{S).
?. Will assure that grant funds are only used for allowable, faa, and reasonable costs and is
prohibited trotn transferring funds betaken programs (State I~lomeland Secutit}• Program, Urban
:\rca Security Initiative, Citizen Corps Program, anti ivtetropalitan Medical Response System).
.i \Viil give the (ederul guvernment, the General Accounting OtTice, the Comptroller Genentl of the
United States, the State of California. thtou~h any authortzed represcnta[ive, access [o and tha
rigln to asaminc all paper or electronic record,. books, papers, or documents related to the
award; and will estahlislt a proper accounting system in accordance with generally accepted
accounting standards or awarding ugency directives.
d Agrees that funds utilirvd to establish or enltattce state and local fusion centers must support the
development of a statewide fusion process that corresponds with the tilohal JusticcJliomcland
Sccttrity .Advisory Council (HSAC) Fwion C;ettter Gutdelincs and achievement of a baseline
Icvcl of capability as defined by the Fusion Capability Planning'fool.
:. Vt~ill provide progress reports and such other information as may he reyuired by the awarding
agency, including the Initial Strategy Implementation Plan (TSIP) within =45 (forty-five) days of
the award, and update via a report in rho Grant Reporting Tool (GRT) twice each year.
6 1\~tll ininatc and complete the work within the applicable time frame after receipt of approval
from OI1S.
7. ~5~ ill comply with FEN1A's coditied regulation ~F-1 Part 13. Uniform Administrative ]Zequirements
for Grants and Coopcrntivc Agreements to State :md La:al Governments, including pan I:.l
regarding Iltc payment of interest eamcd on advances.
Initials
5. Rill establish safcgtturtis to prohibit employees from using their positions for a purpose that
cotisti[utcs or presents the appearance of personal or ot'eanizational conflict of interest, or
personal gain for thcnisclvcs or others, particularly those with +vhoin they have family, business
or outer ties.
9. Agrees that to the extent contractors ur subconUactors arc utilized, grantees and subgrantees shall
use small, minonty, women-o+vned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable
10. \~ill comply +c•ith 2 CFR 215.25. and will notify OIIS of any dc+•elopmettts that have a
significant impact on award-supported uctiviues, including changes ro key program staff.
1 I. 1Vi11 comply, if applicable, with the Lead-Based P:tint Poisoning Prevention Act (42 U.S.C. §~
4301 ct seq.) which prohibits the use of lead based paint in construction or rehabilitation of
residence stntctures.
11. L'iitlcrstands and agrees Feder:tl funds will not be used, directly ur indirectly, to support the
enactment, repeal, modification or adoption of any law, regttlaticin, or policy, at any Icvel of
govcmment, without the express print written approval from Flii\9A.
i 3. \Vtll comply with all federal stattres relating to (:ivil Rights and Nondiscrimination. These
inclwlc but are not limited to:
a. Title VI of the Civil Rights r\ct of (96~ (P.L. 33-362), as amended; which prohibits
disenmmation on the basis of race, color or national ongin.
h. ']'itlel.Y of the Education Amendments nl' 1972, ;tc amended (2t) U.S.C; §§ ]651-1653
and I6S5-16S6), which prohibits discrimination on the basis of gender.
c. Scetioit 504 of die Rehabilitation Act of 19 i3, as amended (29 U.S.C. ~ 794) .+•Itich
prohibits discrimination on the basis of handicaps.
d. l'he Age Discrimination Act of 197>, as niiienclerl (42 IJ.S.(' §fi 6101-610"r) which
prohibits diseriininatioti on the basis afage
z. The Dntg Abuse Uflicc and'frc:ument Act of 1972 (P.L. 92-255) as amended, relating to
nondiscrimination on the basis oti drug abuse.
L The Comprehensive Alcohol Abuse and Alcoholism Prevention; Treatment and
Rehabilitation :1ct of 1970 (P.L. 91-61 G)::ts artiencled, relating to nondiscritttinatiun on
the basis of alcohol abuse or akuhalism;
g §y 523 and 627 of the Public } lealth Setvicc Act of 1913 (,12 U.S.C. 290 dd-3 and 290
cc-3), as amended, relating to confidentiality ofalcohol and drug abuse patient records.
h, 'T'itle Vil[ of dtc Civil Righu Act of 1963 (42 U.S.C. y 3601 ct seq.). as amended, relating
to nondiscrimination i» the sole, rental or lin:uu:ing of housing.
i. Tile 23, Code of federal Regulations. Pan 42, Subparts C. D, I: and G.
J. 'title 23, CFR; Part 36.
k. Any other nondiscrimination provisions in the specific statute(s) under which application
lilt federal assistance is being tuadc, and
1 Title 4-1 CFR Parts 7. 16, and 19 relating to nondiscrimination.
m The requirements on any other nondiscnminatinn stannel s) which may apph• to the
application.
n. \\'i11, in the event a Federal or State court or Federal or State administrative agency
makes a finding ofdiscrimination after a floc process hearing on the grounds or race;
color, religion, national ongin, gender, or disabiliry• against a recipient of funds, the
recipient wilt forward a copy of the finding to the Ofticr oFCivil Rights, C)fTice ofJustice
Programs.
--- -- - •---------Page 2 - - - - - - --- - ---~ Initials
o. tlhll provide an (;goal Employment Opportunity flan, if applicable. to the Department of
Justice Office of Civil Rights within 60 daps of grant award.
p. Will comply, and assure the cumphancc of all its subgmntccs and contractors, with the
nondiscrimination rcquircments of the Omnibus Crime Control and Safe Streets Act of
19611, as amended; 42 USC 3759(d), or the Juvenile Justice and Dchnqucncy Prevention
Act, or the Victims of Crime Act, as appropriate; the prov isiott of the current ediuun of
the Office o(]usticc Programs Financial and Administrative Guide for Grans, 1(7100.1.
14 Will comply, or has already cotnplicd, with the regttirentents ofl'itlcs I1 and [ll of the Uniform
Relucatioet Assistance and Real Property Acquisition I'oltctcs Act of 1970 (42 U.S.C. § 4601 et
seq. (P L. 91-646) which provides for fair and egeettable treatment of persons displaced or whoac
propcny is acyuired as a result of federal or fcdcr:tlly assisted programs. These requirements
apply w all interested itt real property acyuired for project purpusus regardless of federal
participation in purchases. Will also comply wuh Tiflc =14 Cnde of Federal Keeulations, Pan ?i.
Uniform Rclocatiun assistance and Real Propcny Acyuisitian for Federal and federally-assisted
progr:nns.
I ~. Will comply, if applicable, with the }loud msurmcc purchase rcquinrncnts of Section l0?(a) of
the Ploud Disaster Protection Act of ]973 (i' L. 93-23-11 which reyurres rccrpients m a spuial
Flood hazard area to participate m the program and w purch:ue Cloud inswancc if the total cost of
tnsurthle cons[mcnon and acquisition is S 1 fI,000 (ten thousand dollars) or more.
I6. Will comply with all apphcablc Federal, State. and local envaonmcntal and historical
preservation (EI-IP) rcyuirements Failure to meet Federal. State, and local L•f IP requirements and
obtaut applicable permits may jeopardize Federal funtimg. Will comply wuh all couthtiuns
placed on am• project as the result of the L'1IP review, any change a, the scope of work of a
pro3cct w•ili require re-evaluation ofcomphance ~t•tth these ETIP rcyui~mente.
1 7. Agrees nut to undenake any project having the potcnnal to impact the F.IIP resuurees without [hr
poor written approval of f IbI:VOIiS, including but nut limited to comniuniuations towers,
physical security enhancements, new constnrction and modifications to huihlings that art: 50
{filiy) years old or more. Any constnrction related acuvi[ics initiated prior to full environmental
and historic preserva4ou (L'1•Il') review will result in anon-cumphancc finding, if ground
disturbing activities occur durine the project implcmenuttion, the recipient must ensure
monitoring of rite ground disturbance and if any potential archeological resources ar: discovered.
the recipient will immcdia[ely cease activity in that area artd notify OHSlFE~IA and the
appropriate State historic ['rescrvation Office.
IS. Rill ensure that the factlitics under its ownership. Icasc tit ,upervision which shall be utilized m
the accomplishment of this project ore not listed in the Environmental Protection Agency s
(L•1'.A) list of Violating Facilities. and will notify 0115 and the Fcdcral Grantor agency tit the
receipt of any communication from the Director of the LTA Uflicc of Fcdcral Activities
intiicatittg that a facility to be used in ilte pro)ect is tender constdcratton for listing by the EPA.
19. ttrill providc any information requestcJ by PEiv1A/OIIS ro insure cotmphance with applicable
laws including dtc following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act. National Histoncal Preservation :\ct Archaeuloeical and Historic
Preservation Ace. Endtutgered Spccics Act, and r:xuctnivc Orders on Floodplains
--- - - ~- ~ • --•- 9 --~----- -~ -
Pa e 3 Initials --_
(C-OI 1985): Wetlands {I 1990) and Eitvironittental Justice (12898) and Em•ironmcntal
Quality (EO11514).
b. Title 44 CFR Pans 9 and 10, refcrenciitg tloodplaiit managcmettt and citvironmental
considerations.
c. Notification of violating facilities pursuant to EO 1 173Q.
d. Assurance of project consistency with fire approved state managcntcitt program
developed under the Coastal Zone N•faitagentent Act of 1972 (16 U.S.C. §~ 1451 et sey.).
e, Conformity of federal actions [o State {Clean Air) Impleincntation Plans under Section
176{c) of the Clean Air Act of 1955, as amended (42 U.S.C. ~ 7401 et seq.).
f. Protection of underground sources of drtitking water under the Safe Drinking Water Act
of 1974, as amended, (P. L. 93-523).
g. Califomia Environmental Quality .4ct (C'F;Q.4). California Public Resources Codc
Seclions 21080-21098. Califomia Codc uF Re_ulatiuns.'fitlt: 14, Chapter 3 Section
15000-15007. -
h. Wild and Scenic Rivers Act of 1968 {l6 U.S.C §~ 1271 ct scy.) related to protecting
components or potential components of the national wild and scenic rivers svstcm.
i Applicable provisions of the Coastal Btiiricr Rcsourccs Ae.t (P.I_. 97-318) dated Octubcr
l9, 1932 (16 USC 3501 et seq.) which prohiMts the expenditure of most new Federal
fiords within the units of the Coastal Barrier Rcsourccs System.
j \lrill comply with all conditions placed nn any project as the result of the EHP review;
any change w the scope of work of a project will reyuirc rc-evaluation of compliance
with these EFIP requirements.
6. Agrees not to undertake any project having the potential to impact the 1'il IP resources
wuheut the prior written approea] of FEN1ArOHS. including but not limited to
communications towers, physical security cnhanccmcnts, new construenon and
modifications to buildings that are SO (fifty) years old or more,
20. Will comply with Standardi'ted Emergency Nlanagemcut System (SENtS) requirements as stated
in the Califomia Gmergcncy Services Act, Government Code, Chapter 7 of Division 1 of'fitle'?;
Scciion 3607.1(e) and CCR Title 19, Sections 2~4=15, 2=[4h, 2d47 ;md 2443.
Z I Agrees that all publications created or publishccl a+th funding under this grant shall prominently
contain the following statemcnt• "This duc-t+ment was prepared under a;;rarrt fium FC:61.4's
Grant Prosn~antc Directorate, U.S Deparvner+t n/'Honreland SecuruJ. pains +J'v+ew nr oprnru~rs
expressed in dos document are those of the authors• and cfu oar necessm•ity represent the u`tjic•iaa
pnsinon a• poLcies of FF.hL4's Grant prograa+s Directorate or the U..S. Deparnnent aj
Homr;land Security."The recipient also agrees that, when practicable, any eyuipmcnt purchased
H ith grim funding shall be prvininently marked as fellows: "Purchuced with Ji+rrds provicled by
the U S. Deportment of Harnelaad Securirv. "
22. Has reyucsted through the Statu of California; federal lnancial assistance to be used tuperfonn
eligible work approved in the submitted application for federal assistance and 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 tltc
approved, actual expenditures tis accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, tltc reimbtirse+tient ap}tlicablc tv
the antuunt of tlic reduction will be promptly refunded to the State of Califomia.
c. Separately account for interest earned vn grant funds. and will return all interest vented,
m excess of SI00 per federal fiu;al year.
Initials
23. R-t11 c,~tnply with the Intergovcrntnental Personnel Act of 19i0 (-l2 U.S C. Sections 4728-4763}
rcla[ing to prescribed standards for matt systems for programs funded under one of the ninctcctt
sta[utcs or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (~ C.F.K. 900, Subpatt F)
34. Nill comply with provisions of the Hatch Act (5 U.S.C. Scctiotts 1501-1508 and 7324-7328)
which limit the political activities of employees whose prtncip:rl employment activities <tre
funded in whole or in par[ with federal Funds.
25. \U•tll comply, if applicable; with P.L. 93-348 regarding flit prntcction of human subjects iitvolvcd
in research. development, and related ttctivittes supported by this award of assistance.
2b Nill compl}•; if applicable, with the Laboratory .4nintal ~Vcliare Act of 1966 (P. L. 89-544, as
amended, i U.S.C. 2131 et seq.) pertaining to the cart, handling, anti treatment of warm bloodctl
animals held for research, teaching, or other activities supported by this award of assistance.
'_?. Rill cumph• with the minunum wage and maximum hour provisions uF the Federal Fair Labor
Standards Act (29 U.S.C. 201); as they apple to emplovees of instittrtiuns of higher edu~attott,
hospnals, and other non-profit organizations
23 \\'tll comply, a~ applicable. with the provisions nl'the Davis-13:icon :\ct (40 U.S.C. Section 2 ~6a
to 2iGa-7}, the Copeland Act (40 U.S.C. Sectiutt 276c and I8 (1.S.(:. Sections 374), and the
C'utitract 1\~ork Hours and Safety Standards Act i4U U S.C:. Sections 327-333); regarding labor
sinndtu•tls Fur federally assisted construction sub-asrcemcnts.
39.:\_crecs that:
a. \o federal appropriated funds have been paid or will he paid, by or on behalf of the
undersigned, to any person for influencing: nr anemphng to m[]uence an officer nr
employee of any agency, a lvlentbcr of Congress, an officer nr employee of Congres, nt
an employee of a ivlembcr of Congress in cunncction with the making of any federal
,rant, 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 lands hove been paid nr will be paid to any
person for influencing or attempting to influence an officer or employee of am agency, a
Mcmbcr oFCongress. an officCr or an employee of Congress, or employee of a t\•Icmber
of Congress in aonncction with the federal gr:uu ar uoopcrauve agrcemen[; the
undersigned shall complete and submit Standard Fonn LLL, "Disclosure of Lobbying
Activities:' in accordance with ils instructions.
c. 'fhe undersigned shall require that the language of this certification be included in tlic
award documents Cor all sub awards at all nett tncluiiing subgrants, contracts under
grants and cooperative agreements, and subcontract(s) aiid that all sttb recipients shall
certify and disclose accordingly.
d. 'I'bis certification is a material representation of fact upon which reliance was placed
when this transaction a•as made or entered into. Submisstt»~ of this certification is a
prerequisite for making or entering into this transaction tnrposed by section 1352; 'fide
31, U.S. Code. Any person who fails to file the reyuired certification shall be subject to a
civil periaity of nut less than $10,00() and not man than S 100,000 for each such fhtlure
3U.:\gncs that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable semis of the Calit'ornia Disaster and Civil
Uefense Master Mutual Aid Agreement m consultauon wiilt representatives of the
----~-~-~ - --~-~--~- PageS -------~--~- Initials ._
various fire, emergency medical, hazardous materials response scn•ices, and law
enforcement agencies within the jurisdiction of iltc applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the Califomia
Law Enforcement Mutual Aid Plan or the Califumia Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent wtth needs as rdentitied in the Sta[u Homeland Security Strategy and µ•i11 be
deployed in conformance with that Strategy.
±l. Agrees that funds awarded under this grant µ•i11 he used to supplcmen[ exrsttng funds for
program activities; and tviil nut supplant (replace) non-federal funds.
32 Will comply with all applicable Federal statutes. regulations, poltcres, guidelines and
requirements, including OhiB Circulars A-21, ~-$~, A103. A-110, A-122, and A-133, E.O.
] 33 72 and the current Administrative Regtrtrements, Cost Principles. and Audit Requircmerrtn.
Will also comply frith Title 23, Code of Federal Regulations, Pare G6 and 70. that govern the
application, acceptance and use of Federal funds 1'or fcdcrall} assisted projects.
~. W'dl t:vatply wnh provisions of 3S CFR applicable to grants and coopertttire agreements,
Includitte:
a Part I S. Adtnintstranve Keview I'rocedures.
b. Yart 20, Criminal Justice Information Systems.
c. Pan 22, Confidentiality of Identifiable Rascarch and Statistical htformatiun.
d. Part 23, Criminal Intelligence Systems Operating Policies.
c. Part 30 Intergovernmental Review of Department of Justice Programs and :\ctivitics.
f Part 35. Nondiscrimination on the L3usis of Disability in State and Local Guvemntunt
Sen~ices.
~. Part 38, f_qual Treatment ofFaith-based Organizations.
h Part 63, Floodplain Management and \Vetl,tnd Protection Procedures.
t. Part 42, tvondiserimination/Equal Employment Opponunitres Policies and Procedure;
~. Pan 61, Procedures for Implemcntine tltc National Ent-ironntcntal Poltcv Act.
k. Patrt 64, Floodplarn Management artd Wetland I'rutcction Procedures; and Fcdcral laws or
regulations applicable to Federal Assistance Programs.
1. Part G6; Uniform Administrative Kequiretnents for Grants and t:ooperativc .4grcements
to State and Local Governments.
nt. Parr 67. Govcmment-Wide Debarment and Suspcnsivu (Von-Procurement).
n. Pan 69,1`ew Restrictions on Lobbying.
o. Part 70, Uniform Administrative Rcquircmentc for Grants and Cooperative Agrcernertts
(including sub-awards) with Institutions nl'1•lighcr Learning. Hospitals and other Van-
Protit Organizations.
p Part H3, Govcmment-Wide Requirements for a Drug Free Workplace (grants).
3-2. Wiil cur»ply with Subtitle A, Title 1] of thr :\rnericans wnh Disabilities Act (ADA) ! 990.
?~ Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collectiuct requests, including, but not ltmrtett tu, the prttvisiun of any information reyutred fctr
the assessment or evaluation of any activities within this agreement.
3G. Will maintain procedures to minimize the time elapsing 6cnvicen the award of funds and the
disbursement o f funds.
-- --- -- Page6 -°---------------- Initials--
37 \\~ill comply with the fi::aztcial and adminisaative requiremen[s set forth in the cruteut edition of
tltc Ufficc of Justice Programs (O1P) Financial Gtride and the Curren[ US Depanntcnt of
I lomcland Security (DIIS) Financial Management Gwdc.
33. Agrccs that all allocations and use of funds under this grant ++•ill be rn accordance ++•ith the FY
2003 I lanteland Security Grant Program Guidance and r\pp(tcatton Iiit, and the Caltfomia
5upplcmcnt [o the FY ?003 Homeland Sccunty Grant I'rugram Guidance and Application Kit.
All allocations and ttse of funds under this grant will be in accordance with the .411ocations, and
use of grant funding must support the goals and objectives includcd in the State andlvr Urban
Area 1-lorneland Sccunty Strategies as well as the invcsmtenls idenitfied in the Investment
.lustificatrons ++•hich were submitted as pan of the California FY20US Homeland Security Grant
Program application. Further, use oC FY03 funds is limited to those investments includcd in the
Calilornia FYOS Investment Justifications submitted to DHS,'FGM.A and evaluated through the
peer review process.
;9 Acknowledges that Fl=!4{A rcsen•es a royalh•-free. non exclusive, and irrevocable hccttsc to
reproduce, publish, or nthcnvise use, and authorise others to use, for Federal government
purposes a) the copyright in any work developed under an award or sub-award; and b) any rights
ofcnpyrrghl to which a recipient or sub-recipient purchases ownership with Federal support. the
recipicm agrees to consult +vith GPU regarding [he allocation of any patent rights that apse from.
or arc purchased with, thin funding.
~0. \Cill not make any award or permit any award (subgraut ur contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for pariicrpation in Federal
assistance programs under C•xecutive Order 1249 and 1^_639. "Debarment and Suspension:
~I .\s required by Grccuuvc Order 1349, Debarment vrd Suspcrsren, and implcmentctl at 2S CPR
Pan 67. I'nr prospective participants in primary covcnd transactions, as defined at 23 CFR Part
G ~, tic~uon fi7.51 U
a. The applicant certifies that it and iks principals:
(i I Arc not presently debtvrcd, suspended. prop+~sed for deL•arntent, declared ineligible,
sentenced to a denial of Federal heneGts by a Start: or Federal court, or voluntarily
excluded from covered transactions by any Federal depanntent or agency.
(ir) Elavc not t+•iUtin a three-year period preceding this application been convicted of or
had a civil judgment rendered against than for conttnissioit of fraud or a criminal offense
nt amnecuon with obtaining, attempting to obtain, or performing a public (Federal, State,
yr local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of cmbczzlcmcnt, theft, forgery, bribery, falsification or
destruction uf'records, making false staterncrtta, or recei+•ing s[olen property
(iii) .Arc not presently indicted for or otherwise crirninall}• or civilly charged by a
gnvenrmental entity (Federal, Slate, or Ivca{) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification: and (d) [•[ave not within athree-year
pcrioti preceding this application had one or more puhhc transactions (Federal, Smte. or
Local) terminated for cause or dcftult: and
Initials
6. tVhere the applicant is unable to certify to any of the statements in this certification. he or she
slt:tl] attach an explanation to this application.
a2. Agrees to comply with the Drug-Free Workplace Act of 1938. and implemented at 28 CFR Part
b7. Subpart F, for grantees, as defined at 28 CFK fart 67 Sections 6 i 61 S and 67.620 and
cenifics that it will or will continue wprovide a tltUg-(rcc workplace by:
(a) Publishing a statement notifying cmplayccs that the unlawful manufacture,
distribution, dispcnstng, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the ;tctions that will be taken against
employees far violation of such prohibition.
fb) L•stablishing an on-going dnig-free awareness pro~srain to inform employees about:
(I) Tltc dangers of drug abuse in the ~vurkplacc.
(2) The grantee's policy of maintaining a drug-fret: workplace.
(3) Any available drug counseling; reltabilitatiott, and entployce assistance
programs; and
(4) T}te penalties that may be imposed upon entployccs fur drug abuse violations
acctirring in the wvrkplttce.
(c) Making it a requirement that each eittployee to be engaged in the performance of the
grant be given a copy of the statement rcyuiicd by paragraph (a).
(d) Notifying the employcc in the statement required by paragraph (a) that; as a condiuur.
of cmplo}Trient under the grant. the employcc will
(I) :lbide by the terms of the suaemanu and
(2) Notify the employer in writing of his or Ler canwc[ion fur a violation of a
ci iminai drug statute occumng in the workplace no later than five calendar days
ttRci such com•iction.
(e) Nottfyiitg the agenc}•, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(21 from an employee or uthenvisc receiving actual notice of such
con~•iction. Employers of convicted cmplayccs must provide notice, including
position title, lo:
Uepartmeitt o(Justicc, Office of Justice Programs;
ATTN: Connol Desk.
G33 Indiana Avenue, N.W.,
1Vashingtan. D.C. 20531.
Notice shall include the identification nttntber(sl of each affected grant.
(f) 'faking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d)(2), with respect to any employcc who is so convicted.
(I) Taking appropriate persom~el action against such an employcc, up [o and
including termination, consistent with the requirements of the Rehabilitation Ac[
of 1973, as amended; or
_..-_ ...~ Page 8 -- ---~----- ----- Initials
(2) Regttirtng such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federttl, State, or local
health, law cnforccment, or other appropriate agency.
(g) ,Making a good faith cffon to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d). (c), and (f).
~13, iVill comply with all applicable regtitremcnts Dial! other federal laces, executive orders,
reeulatioits, program and administrative requirement,, policies and any other requiretnents
governing this program.
d~. ilnderstands that failure to comply with any of the above assurances may result in suspansior..
termination or reduction of grant funds.
4s the duly authorized representative of the applican[. I hereby certify that the applicant will comply
~t•tth the above ccmiications.
The undersigned represents that hdshc is authorized by the above named applicant to enter into this
;i~recment for and on behalf of the said applicant.
Signature of Authorized Agcnt•
Pnntcd Name of Authorized Agent: __
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Data:
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AGREEMEM FOR TRANSFER OR PURCHASE
OF EQUIP~[EA'TlSERVICES OR FOR REI_~1BURSEMENT OF TRA[NI\G COSTS
FOR FY08 URBAi~ ARE:~$ SECLR2IT1' I\rlTlrl"FIVE (U4S11
THfS AGREEViENT is entered into this December 4. 2008 ,dated for purposes of
identifica[ion only, is made and entered into by and between the
CITY OF ANRHELVI, a ntutticipal corporation,
hereinafter referred to as':~VAflCIM1t,
.4
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City of Seal Beach
hereinafter referred to as "SUBGRA~'TEE"
Wf•IEREAS, A~'AHEI~•f, acting through the Anaheitn Police Department rn its capacity
as the Cure City for the tionh Orange County Urban Area under the FY08 Urban Areas Security
Init+ati«, has applied for, received and accepted certain grants entitled "FY'03 Urban Areas Security
Ini[iative" (UASI) from the Fzderal Emergency \•lattasoment :agency Grant Programs Directorate
(formerly named the Depanment of Homeland Security, Office of Grants and Training), throttelr the
State of Califotn+a. Office of homeland Security, to enhance countywide emergency preparedness.
hereinafter referred to as "the Grant," as set fonlt itt the Grant Gu+tlelines. copies of trhtch are attached
hereto as Attachments A, B and C and incorporated h~retrt by reference; and
WHEREAS, the terms of the Grtmt require that AN~HE[M use certain grant funds to it
~ purchase equipment, technology or services that w•+11 he transferred to SUBGRAi\rTEE to be used 1'or
'I grant purposes, andlor ii) train members of SUBGRANTEE in a manner consistent wuh the Grant.
h'OW. THEREFORE. IT IS iv1UTCi:V_LY :1GREED :tS FOLLOWS:
I. PURCHASE OF EOUIPIvi1'!\l' OR SERVICES
i. As more specifically set forth herein. ANAHE[41 may transfer to SUB(;RANTEE. nr
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SUBGRANTEE shalt purchase. the equipment or services as specified in Attachment D attached hereto
and incori,oratcd herein by reference, in accordance wrth the Grant Guidelines and the Grant
.S II Assurances, a copy of which are attached hereto :rs Attachment E and irttorporete[1 herein by reference.
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\Vhcn purchasing Grant equipment. SUBGR4l~TEE shall comply with all of SUBGR_4NTF.E's
purchasing and bidding procedures and applicable state law
?. Prior to making any purchase of equipment or scn•tces, SUBGRANTEE shall obtatr.
wntten approval from ANAHEIi\4 in a form to be mutually agreed upon by ANAHEIbI and
I Sl.'BGRANTEE.
3. -I'hroughou[ its useful life, SUBGRArvTEE shall use any equipment acquired with Grant
funds only For those purposes permuted under the terms of the Grant, and shall make any equipment
purchased or transfcrced to SUBGR.0.NTEE under the Grant available fur mutual aid response to other
guverntnerlal enttttes in emergency situations to the maximum extent practicable.
~. SUBGRAN'1'EE shall exercise dtre care to preserve and safeguard equipment ut i:3
possession ur control acquired will[ Grant funds from damaee or destruction and shall provide regular
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mauttenattce anti such repairs for said equipment as are necessary, consistent with any warcann• ur
uamer's manual, in order to keep said equipment continually in good working order. Suclt maintenance
~ an~i servicing shall be the sole responstbiltty of SUBGRANTEE, which shall assume full respottsihility
II for mamtenancc and reparr of the equipment througltaut the life of said equipment.
~. if equipmetl acquired with Grant funds becomes obsolete or unusable, SIIBGR.4NTEF.
shall notify ANAHEIM of such condition. SGBGRANTEE shall transfer or dispose of Grant-funded
eyuipmcnt only m accordance with the instructions of AN:\HE[M1I or the agency from which ANAHE141
~ recwvetl the grant funds.
ll. REIiyIBURSEMENT OF TR.41N1NG COSTS
I. SUBGRANTEE shall be allocated a specified amount of funds to he used for training
purlroscs pursuant to the Grant Guidelines and terms ol" this Agreement. SU$GRAr\"fEE may seek
rcirnbursentent from ANAHEflvl in accordance with the terms and conditions of this Agreement Arty
training expenditure that exceeds the amount allocated to SUBGRANTEE shall be the sole
respottsibtli ty o C SUBGR4NTEE.
2. If additional Grant funds become available for trainins purposes or if training funds are
reduced. AN.4HElM shall notify SUBGRANTEE, in w-ritittg, of the revised training budget.
SU}3GRANTEE shat] be responsible for limiting training Ibr which it seeks rcimbtirscment so as not [o
exceed its revised allotment.
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3. Prior to incurring any expense for training for whrch reimbursement will be soueltt
pursuant to this Agreement, SUBGRANTEE shall obtain wnnen approval from .4N.4Hl:Ltit
SUBGRAN'fEE shall complete the State of California, "Request for Training Form," and submit a copy
of the same, with the tracking and feedback number. to ANAFIEI_~l. The, "Request for Training Fonn"
:s louttd at ltttp:/~wK~•.anaheim.neUpoliceruasi.asp.
~. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ("ODP')
~ approved classes qualify for retntbursemenl.
5. SUBGRANTEI'_ agrees to comply with Attaclunents A, B; C and E in scekin~;
reimbursement For training, including, but not limited to the overtime and backfill rcquirentenu as i
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outlined is Attachments A. B attd C.
III. GENERAL PROVISIONS
t. SUBGRAIvrT'GE shall suhntit an invoicu I'or eyutptnent or services, or in the case
training, a training reimbursement application ttr the form attached hereto as Attachment F and
utcorlwratul herein by reference, to ANAIiELb1 as soon as practical but in no event later than 4ttny
(_ U) days after receipt of the im•oice or completion of the training.
:1NAHEl~•I shall have ninet}• (9U) days from receipt of an im•oice or training
rcimburscment application to reimburse SUBGItANTEEi.
3. SUBGR.AN'fEL""• agrees to comply with and be fully bound by all applicable
provisiuns of the Grattt and Attachments .4 through L• to this Agteemont, and shall be fully responsible
Cor payment of items purchased or Cor any trumina costs that do not adhere thereto.
~. In the event of an audit of purchases made or training undertaken with Grant fi:rttls by
any atttltorizcd agency, 5L'BGRANTEE agrees to coopet•ate fully wi[h such audit. If such audit
disallows payment to ANAH'E1~1 in whole or part for any item procured for or by SUBGR4NTEE or
for any training costs incurred by SUBGRAN•fEL' and requires .4NAElL•taV] to reimburse the Grmttor.
SUBGRr\N'1'EE shall. within thirty (30) days ofnotification by ANAHEIM of such audit determination,
pa~• to ANA(~EIM any amount for which reimbursement to ANAI-[EfM was disallowed.
~ SUBGRANTEE agrees to urdernmfy, defend :utd save harmless Ai\?gHE1Y1 and the
aSenc~• from which ANAHELbt receive3 grant funds. and their officers. agents and employees from any
and all claims and losses accruing or resulting to any and all contractors, subconvactors, laborers, and
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any other person, Finn or corporation famishing or supplying work scn•ices; materials or supplies in
connection with SUBGRANTEE's performance of this .agreement, including the terms of the Grant.
and from any ;tnd all claims and losses accruing or resulting to any peron, firm, or cotporation who may
be injured or damaged by SUBGRANTEE in the performance ofthis Agreement.
G. No ;tlteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of both parties hereto. and no oral understanditt;
or agreement not incorporated herein shall be binding on any of the parties hereto.
7. SUBGRANTEE may not assign this Agreement in whole or in part tvithaut the expres,
written consent of ANAL IEIM.
S. For a period of three years after final delivery hereunder or until all claims related to this
Agreement are final)}• settled. whichever is later, SUBGR.\N'I~EE shall presen•e and ntaintatn :tll
documents, papers and records relevant to the eyuiputcnt acquired ur training undertaken in accordance
with this Agreement. \\%ith respect to training, such documents, papers and records shall include those
relevant to the training cods, overtime, backGll, travel costs and per diem espcnses. For the same
period of time, SUSGRANTEE shall make said doctttttents. papers and records available to A:\AI•{EI\•t
and the agency from which ANe\HL-li\•I received Crant funds or )heir duly authorized representative(s),
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for examination, copying. or mechanical reproduction on or off the premises of SUSGRr~VTEE, upon
reytiest during usual working hours.
9. SUBGRAiVTEE shall provide to .4NAHEIA4 all records and information requested b~•
:\NAFiEQvI for inc]usion in quarterly reports and such other reports or records as ANAHEf_M maybe
rcyuiretl to provide w the agency from which ANAHEIM received Grant funds or other persons or
agenClCS.
10. ANAHEliV1 may tenninatc this Agreement ;end he relieved of the delivery of an~•
consideration to SUSGRANTEE if a) SUSGRAN"fEP" fvls to peribnn any of the covenants contained
in this Agreement, at the tune and itt the matter herein provided, or b) AAIAHEII~1 loses funding under
the Grant.
1 I. SURGRANTEE and its agents and employees and inclependcnt contractors shall act in an
iralependent capacity in the performance of this Agreement, and shall not be considered officers. a~eitts
or employees of.4NAHEIM or of the agency from which AN:IHEIVI received Grant funds.
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1'?. In the performance of this Agreemen[, SUBGRAI'TEE and its officers; a~cnts,
employees shall comply with by all applicable Cederal, sta[c and local laws, including all applicahle
statutes. regulations, executive orders and ordinances.
N \VITNESS WHEREOF, the parties have executed this Agreement ttt the City of
Anaheim; Count}• of Orange, State of California.
DATE OF F,XECIJTlON: CITY OF ANAHEI,41,
a municipal corporation,
By----
Chief ofPolice
"AiVAFlEIVt"
r\.PPROVED AS TO FOR?ri:
APPRUVLD AS'f0 FOR1~t:
Cristina L. 'rallev
Sr.:lssistanl City.4ttomcy
Date:
Hr•
Printed Vame
Title
"SUBGRe\NTEE"
5