HomeMy WebLinkAboutCC AG PKT 2009-03-23 #GAGENDA STAFF REPORT
DATE: March 23, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lieutenant Tim Olson
SUBJECT: AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR FY 2008 -HOMELAND SECURITY GRANT
PROGRAM PURPOSES (UASI)
SUMMARY OF REQUEST:
The City Council adopt a resolution allowing the City of Seal Beach to enter into
an Agreement to Transfer Equipment, Technology or Services to enhance county
wide emergency preparedness. Authorize the City Manager to execute on behalf
of the City of Seal Beach any actions necessary for the purpose of obtaining
federal financial assistance provided by the Department of Homeland Security
and sub-granted through the State of California, and the County of Orange.
BACKGROUND:
The Federal Homelands Security Appropriations Act provides funding to address
the needs of high risk urban areas through planning, equipment/services,
training, and exercises through the Homeland Security Grant Program ("HSGP")
the City of Seal Beach is located in the County of Orange and the
Anaheim/Santa Ana Urban Area, and is eligible to receive financial assistance in
the form of funds, equipment, technology and services, through Homeland
Security sub-grants from the County of Orange. The City must enter into
agreements with the County of Orange to facilitate the transfer of Homeland
Security Grant funds.
The City of Seal Beach City Manager is designated by resolution to execute on
behalf of the City of Seal Beach to obtain grant funds through the Homeland
Security Grant Program.
Agenda Item Ci
Page 2
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. 5848 approving the
agreement to Transfer Property or Funds for FY 2008 Homeland Security Grant
Program Purposes.
SUBMITTED BY:
L .Tim son
Seal Beach Police Department
NOTED AND APPROVED:
~-:/~.~-
David Carman ,City Manager
Attachments:
A. Agreement to Transfer Property or Funds for FY 2008 Homeland Security Grant Program
Purposes
B. Resolution No. 5848
_. . ~ -
1
2 AGREEMENT TO TRANSFER PROPERTY OR FUNDS
3 FOR 2008 HOMELAND SECURITY GRANT PROGRAM PURPOSES
4
5 THIS AGREEMENT is entered into this o?3 ~0 day of /`~ /~-~ ~ ~.~ 2009, which
6 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
7 political subdivision of the State of California, hereinafter referred to as "COUNTY°', and
8 ~ ~ r`/ 6F s~ ~~ 8c~ c,~f , a (municipal corporation/special district/not-for-
9 profit corporation), hereinafter referred to as "SUBGRANTEE."
10 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the
11 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
12 from the State of California, acting through its Office of Homeland Security, to enhance county-wide
13 emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that
14 are attached hereto as Attachments A (FY 08 CA Supplement to Federal Program Guidelines), B (2008
15 Homeland Security Grant Programs) and C (FY 08 Grant Assurances) and incorporated herein by
16 reference.
1 ~ WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
18 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
19 purposes.
20 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
21 1 • COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
22 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
23 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
24 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
25 after acquisition by COUNTY as is reasonably practicable.
26 2. If COUNTY transfers grant foods to SUBGRANTEE, SUBGRANTEE shall use said
27 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
28 to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE
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1 to expend grant funds. SUBGR.ANTEE shall provide COUNTY with a budget breakdown signed by the
2 authorized agent.
3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and
5 shall make it available for mutual aid response.
6 4• SUBGRAN'TEE shall exercise due care to preserve and safeguard equipment acquired
7 nth grant funds from damage or destruction and shall provide regular maintenance and repairs for said
8 equipment as are necessary, in order to keep said equipment in continually good working order. Such
9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the
11 said equipment.
12 5. SUBGR.ANTEE shall assume all continuation costs of said equipment, technologies
13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
14 technologies and/or services.
15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded
17 equipment only in accordance with the instructions of COUNTY.
18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their
19 elected and appointed officials, officers, agents and employees from any and all claims and losses
20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
21 corporation furnishing or supplying work services, materials or supplies in connection with
22 SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGRANTEE's
23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims
24 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by
25 SUBGRANTEE in SUBGRANTEE's use of grant-funded equipment, technology or services and
26 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
Page 2 of 4
_. .~
1 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
2 Attachments A, B and C hereto.
3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
4 Auditor General with respect to this Agreement for a period of three yeazs after final payment
5 hereunder.
6 i 0. No alteration or variation of the terms of this Agreement shall be valid unless made in
7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
8 agreement not incorporated herein shall be binding on any of the parties hereto.
9 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
10 written consent of COUNTY.
11 12. For a period of three yeazs after final a
p yment hereunder or until all claims related to this
12 Agreement aze finally settled, whichever is later, SUBGRAN'TEE shall preserve and maintain all
13 documents, papers and records relevant to the work performed or property or equipment acquired in
14 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
16 from which COUNTY received grant funds or their duly authorized representative(s), for examination,
17 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
18 usual working hours.
19 13. SUBGRAN'I'EE shall provide to COUNTY all records and information requested by
20 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
21 required to provide to the agency from which COUNTY received grant funds or other persons or
22 agencies.
23 14. COUNTY may terminate this Agreement and be relieved of the a
p yment of any
24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
25 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein
26 provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may
27 proceed with the work in any manner deemed proper by COUNTY.
28
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.« ::
1 15. SUBGRANTEE and its agents and em to ees shall act in an rode endent ca aci
P Y P p ty in the
2 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
5 State of California.
6
7 DATED: , 2009 COITNTY OF ORANGE, a political
g subdivision of the State of California
9
10 BY
Sheri -Coron
"C '
11
APPROVED AS TO FORM:
12
COUNTY COUNSEL
13
14 BY C~~ L%~ G~
Nicole A. Suns, Deputy
15
16 DATED: ~ .~ , 2009
17
18 DATED: SUBGRANTEE
19
20
By:
21
22
By:
23 ATTEST:
24
By
25 City Clerk
26 DATED: 2009
27
28
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Office of Homeland Security
FY08 Grant Assurances
(All HSGP Applicants)
Name of Applicant: ~ , r>/ a F ~(=/~L hl E/~C'%~
Address: ~Z // ~ r~ ~r.
City: L~~ !3 c=~Cff State:
c ~-
Zip Code: go'7~I~
Telephone Number: ~G.~~ 7~1 /- ~/o a x //~ ~ Fax Number: ~~3 ~ 9G ' 3:~ / 7
E-Mail Address: '7"D ~ SDI/ ~c ~', 5~C/~L - 8c~ct~. CA. uS
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and
fmancial 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,
Governor's Office of Homeland Security (OHS).
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is
prohibited from transferring funds between programs (State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System).
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. Agrees that funds utilized to establish or enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline
level of capability as defined by the Fusion Capability Planning Tool.
5. Will provide progress reports and such other information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of
the award, and update via a report in the Grant Reporting Tool (GRT) twice each year.
6. Will initiate and complete the work within the applicable time frame after receipt of approval
from OHS.
7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments, including part 13.1
regarding the payment of interest earned on advances.
Page 1 Initials
8. 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.
9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall
use small, minority, women-owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a
significant impact on award-supported activities, including changes to key program staff.
11. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
residence structures.
12. Understands and agrees Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from FEMA.
13. Will comply with all federal statues relating to Civil Rights and 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 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 gender.
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 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 of Federal 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
1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination.
m. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
n. Will, in the event a Federal or State court or Federal or State administrative agency
makes a fmding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
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o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
p. 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.
14. Will 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 (42 U.S.C. § 4601 et
seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally assisted programs. These requirements
apply to all interested in real property acquired for project purposes regardless of federal
participation in purchases. Will also comply with Title 44 Code of Federal Regulations, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and federally-assisted
programs.
15. 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 (ten thousand dollars) or more.
16. Will comply with all applicable Federal, State, and local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and
obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require re-evaluation of compliance with these EHP requirements.
17. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of FEMA/OHS, including but not limited to communications towers,
physical security enhancements, new construction and modifications to buildings that are 50
(fifty) years old or more. Any construction related activities initiated prior to full environmental
and historic preservation (EHP) review will result in anon-compliance fmding. If ground
disturbing activities occur during the project implementation, the recipient must ensure
monitoring of the ground disturbance and if any potential archeological resources are discovered,
the recipient will immediately cease activity in that area and notify OHS/FEMA and the
appropriate State Historic Preservation Office.
18. 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
(EPA) list of Violating Facilities, and will notify OHS and 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.
19. Will provide any information requested by FEMA/OHS to insure compliance with applicable
laws including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
Page 3 Initials _
(EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental
Quality (EO11514).
b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental
considerations.
c. Notification of violating facilities pursuant to EO 11738.
d. 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.).
e. 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.).
f. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93-523).
g. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
h. 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.
i. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
j. Will comply with all conditions placed on any project as the result of the EHP review;
any change to the scope of work of a project will require re-evaluation of compliance
with these EHP requirements.
k. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of FEMA/OHS, including but not limited to
communications towers, physical security enhancements, new construction and
modifications to buildings that are 50 (fifty) years old or more.
20. 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.
21. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEMA's
Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEMA's Grant Programs Directorate or the U.S. Department of
Homeland Security. "The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security. ",
22. Has requested through the State of California, federal financial assistance to be used to perform
eligible work approved in the submitted application for federal assistance and after the receipt of
federal financial assistance, through the State of California, 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. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
. c. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per federal fiscal year.
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23. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763)
relating to prescribed standazds 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).
24. 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 aze
funded in whole or in part with federal funds.
25. Will comply, if applicable, with P.L. 93-348 regazding the protection of human subjects involved
in reseazch, development, and related activities supported by this awazd of assistance.
26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the caze, handling, and treatment of warm blooded
animals held for reseazch, teaching, or other activities supported by this award of assistance.
27. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standazds Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
28. 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
standazds for federally assisted construction sub-agreements.
29. 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.
30. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
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various fire, emergency medical, hazazdous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
31. 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.
32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulazs A-21, A-87, A102, A-110, A-122, and A-133, E.O.
12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements.
Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the
application, acceptance and use of Federal funds for federally assisted projects.
33. 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 of Identifiable Reseazch 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, Nondiscrimination/Equal 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.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments.
m. Part 67, Government-Wide Debarment and Suspension (Non-Procurement).
n. Part 69, New Restrictions on Lobbying.
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub-awazds) with Institutions of Higher Learning, Hospitals and other Non-
Profit Organizations.
p. Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).
34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
35. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
36. Will maintain procedures to minimize the time elapsing between the awazd of funds and the
disbursement of funds.
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37. Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide and the current US Department of
Homeland Security (DHS) Financial Management Guide.
38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2008 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2008 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2008 Homeland Security Grant
Program application. Further, use of FY08 funds is limited to those investments included in the
California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the
peer review process.
39. Acknowledges that FEMA reserves aroyalty-free, non exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub-award; and b) any rights
of copyright to which a recipient or sub-recipient purchases ownership with Federal support. the
recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from,
or aze purchased with, this funding.
40. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
41. 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:
(i) Are not presently debarred, suspended, proposed for debarment, declazed 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.
(ii) Have not within athree-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.
(iii) Are not presently indicted for or otherwise criminally or civilly chazged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (d) Have not within athree-yeaz
period preceding this application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
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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.
42. Agrees to comply with 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 and
certifies that it will or will continue to provide adrug-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.
(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
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
(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,
ATTN: Control Desk,
633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant.
(f) 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.
(1) 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
Page S Initials _
(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.
(g) Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
43. 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.
44. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
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 Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
Page 9 Initials
RESOLUTION NUMBER 5848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING AGREEMENT FOR TRANSFEROR PURCHASE
OF E~UIPMENTISERVICES OR FOR REIMBURSEMENT OF
TRAINING COSTS FOR FY 2008 URBAN AREAS SECURITY
INITIATIVE (UASI) GRANT PROGRAM BETWEEN THE COUNTY OF
ORANGE AND THE CITY OF SEAL BEACH
WHEREAS, the County of Orange, a political subdivision of the State of California
has applied for, received and accepted a grant from the State of California, acting
through its Office of Homeland Security, to enhance countywide emergency
preparedness.
WHEREAS, the terms of the grant require that the County of Orange use certain
grant funds to purchase equipment, technology, or services that will be transferred
to the City of Seal Beach to be used for grant purposes.
WHEREAS, the City of Seal Beach and the County of Orange are desirous of
executing this Agreement as authorized by the City Council and the City Manager.
THE 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 23rd day of March , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5848 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 23rd day
of March , 2009.
City Clerk