HomeMy WebLinkAbout*AGMT - Anaheim, City of - Police Department (UASI 2008) y g - % • Tv
1 AGREEMENT FOR TRANSFER OR PURCHASE
2 OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS
3 FOR FY08 URBAN AREAS SECURITY INITIATIVE (UASI)
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5 THIS AGREEMENT is entered into this December 4, 2008 , dated for purposes of
6 identification only, is made and entered into by and between the
7 CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,
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A
9 N
D
10 City of Seal Beach
hereinafter referred to as "SUBGRANTEE ".
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12 WHEREAS, ANAHEIM, acting through the Anaheim Police Department in its capacity
13 as the Core City for the North Orange County Urban Area under the FY08 Urban Areas Security
14 Initiative, has applied for, received and accepted certain grants entitled "FY08 Urban Areas Security
15 Initiative" (UASI) from the Federal Emergency Management Agency Grant Programs Directorate
16 (formerly named the Department of Homeland Security, Office of Grants and Training), through the
17 State of California, Office of Homeland Security, to enhance countywide emergency preparedness,
18 hereinafter referred to as "the Grant," as set forth in the Grant Guidelines, copies of which are attached
19 hereto as Attachments A, B and C and incorporated herein by reference; and
20 WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to i)
21 purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for
22 grant purposes, and/or ii) train members of SUBGRANTEE in a manner consistent with the Grant.
23 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
24 I. PURCHASE OF EQUIPMENT OR SERVICES
25 1. As more specifically set forth herein, ANAHEIM may transfer to SUBGRANTEE, or
26 SUBGRANTEE shall purchase, the equipment or services as specified in Attachment D attached hereto
27 and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant
28 Assurances, a copy of which are attached hereto as Attachment E and incorporated herein by reference.
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1 When purchasing Grant equipment, SUBGRANTEE shall comply with all of SUBGRANTEE's
2 purchasing and bidding procedures and applicable state law.
3 2. Prior to making any purchase of equipment or services, SUBGRANTEE shall obtain
4 written approval from ANAHEIM in a form to be mutually agreed upon by ANAHEIM and
5 SUBGRANTEE.
6 3. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with Grant
7 funds only for those purposes permitted under the terms of the Grant, and shall make any equipment
8 purchased or transferred to SUBGRANTEE under the Grant available for mutual aid response to other
9 governmental entities in emergency situations to the maximum extent practicable.
10 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its
11 possession or control acquired with Grant funds from damage or destruction and shall provide regular
12 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or
13 owner's manual, in order to keep said equipment continually in good working order. Such maintenance
14 and servicing shall be the sole responsibility of SUBGRANTEE, which shall assume full responsibility
15 for maintenance and repair of the equipment throughout the life of said equipment.
16 5. If equipment acquired with Grant funds becomes obsolete or unusable, SUBGRANTEE
17 shall notify ANAHEIM of such condition. SUBGRANTEE shall transfer or dispose of Grant - funded
18 equipment only in accordance with the instructions of ANAHEIM or the agency from which ANAHEIM
19 received the grant funds.
20 II. REIMBURSEMENT OF TRAINING COSTS
21 1. SUBGRANTEE shall be allocated a specified amount of funds to be used for training
22 purposes pursuant to the Grant Guidelines and terms of this Agreement. SUBGRANTEE may seek
23 reimbursement from ANAHEIM in accordance with the terms and conditions of this Agreement. Any
24 training expenditure that exceeds the amount allocated to SUBGRANTEE shall be the sole
25 responsibility of SUBGRANTEE.
26 2. If additional Grant funds become available for training purposes or if training funds are
27 reduced, ANAHEIM shall notify SUBGRANTEE, in writing, of the revised training budget.
28 SUBGRANTEE shall be responsible for limiting training for which it seeks reimbursement so as not to
exceed its revised allotment.
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1 3. Prior to incurring any expense for training for which reimbursement will be sought
2 pursuant to this Agreement, SUBGRANTEE shall obtain written approval from ANAHEIM.
3 SUBGRANTEE shall complete the State of California, "Request for Training Form," and submit a copy
4 of the same, with the tracking and feedback number, to ANAHEIM. The, "Request for Training Form"
5 is found at http: / /www.anaheim.net/police /uasi.asp.
6 4. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ( "ODP ")
7 approved classes qualify for reimbursement.
8 5. SUBGRANTEE agrees to comply with Attachments A, B, C and E in seeking
9 reimbursement for training, including, but not limited to the overtime and backfill requirements as
10 outlined in Attachments A, B and C.
11 III. GENERAL PROVISIONS
12 1. SUBGRANTEE shall submit an invoice for equipment or services, or in the case of
13 training, a training reimbursement application in the form attached hereto as Attachment F and
14 incorporated herein by reference, to ANAHEIM as soon as practical, but in no event later than thirty
15 (30) days after receipt of the invoice or completion of the training.
16 2. ANAHEIM shall have ninety (90) days from receipt of an invoice or training
17 reimbursement application to reimburse SUBGRANTEE.
18 3. SUBGRANTEE agrees to comply with and be fully bound by all applicable
19 provisions of the Grant and Attachments A through E to this Agreement, and shall be fully responsible
20 for payment of items purchased or for any training costs that do not adhere thereto.
21 4. In the event of an audit of purchases made or training undertaken with Grant funds by
22 any authorized agency, SUBGRANTEE agrees to cooperate fully with such audit. If such audit
23 disallows payment to ANAHEIM in whole or part for any item procured for or by SUBGRANTEE or
24 for any training costs incurred by SUBGRANTEE and requires ANAHEIM to reimburse the Grantor,
25 SUBGRANTEE shall, within thirty (30) days of notification by ANAHEIM of such audit determination,
26 pay to ANAHEIM any amount for which reimbursement to ANAHEIM was disallowed.
27 5. SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the
28 agency from which ANAHEIM received grant funds, and their officers, agents and employees from any
and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and
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1 any other person, firm or corporation furnishing or supplying work services, materials or supplies in
2 connection with SUBGRANTEE's performance of this Agreement, including the terms of the Grant,
3 and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may
4 be injured or damaged by SUBGRANTEE in the performance of this Agreement.
5 6. No alteration or variation of the terms of this Agreement shall be valid unless made in
6 writing and signed by duly authorized representatives of both parties hereto, and no oral understanding
7 or agreement not incorporated herein shall be binding on any of the parties hereto.
8 7. SUBGRANTEE may not assign this Agreement in whole or in part without the express
9 written consent of ANAHEIM.
10 8. For a period of three years after final delivery hereunder or until all claims related to this
11 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
12 documents, papers and records relevant to the equipment acquired or training undertaken in accordance
13 with this Agreement. With respect to training, such documents, papers and records shall include those
14 relevant to the training costs, overtime, backfill, travel costs and per diem expenses. For the same
15 period of time, SUBGRANTEE shall make said documents, papers and records available to ANAHEIM
16 and the agency from which ANAHEIM received Grant funds or their duly authorized representative(s),
17 for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
18 request during usual working hours.
19 9. SUBGRANTEE shall provide to ANAHEIM all records and information requested by
20 ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM may be
21 required to provide to the agency from which ANAHEIM received Grant funds or other persons or
22 agencies.
23 10. ANAHEIM may terminate this Agreement and be relieved of the delivery of any
24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
25 in this Agreement, at the time and in the matter herein provided, or b) ANAHEIM loses funding under
26 the Grant.
27 11. SUBGRANTEE and its agents and employees and independent contractors shall act in an
28 independent capacity in the performance of this Agreement, and shall not be considered officers, agents
or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds.
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1 12. In the performance of this Agreement, SUBGRANTEE and its officers, agents,
2 employees shall comply with by all applicable federal, state and local laws, including all applicable
3 statutes, regulations, executive orders and ordinances.
4 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of
5 Anaheim, County of Orange, State of California.
6 DATE OF EXECUTION: CITY OF ANAHEIM,
7 a m • :•pal 9rporation,
8
Chief of Police
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"ANAHEIM"
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11 DATE OF EXECUTION: ern/ of SEAL G €AC.L4
12 B
13 y
APPROVED AS TO FORM: Printed Name David N. Carmany
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15 Title City Manager
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APPROVED AS TO FOM: "SUBGRANTEE"
17
18 _
Cristina L. Talley
19
Sr. Assistant City Attorney
20
Date:
21 71q)(
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Office of Homeland Security
FY08 Grant Assurances
(All HSGP Applicants)
Name of Applicant: C 7--/ 0 F
Address: 02 // ? '- 64 $r.
City: SUitL /3 =/q-CH State: C. /I" Zip Code: q c/ -
Telephone Number: 0 7 - 'i/o a X 1 7 Fax Number: . ' ,01). 9 - 36 - 7 7
E -Mail Address: o L Sod ®c /. 5C/ L- 8E/ C/ C A 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
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,
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.
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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 finding 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 a non - compliance finding. 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
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(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 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).
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 are
funded in whole or in part with federal funds.
25. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
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 care, handling, and treatment of warm blooded
animals held for research, 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
Standards 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
standards 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, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
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 Circulars 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 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, 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 - awards) 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 award 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 a royalty -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 are 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, 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.
(ii) 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.
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (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
Page 7 Initials Cr-
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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 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.
(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 8 Initials O(
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(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 a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (0.
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: City of Seal Beach
Title: City Manager Date: March 23, 2009
Page 9 Initials O•
• .
- ' - 4 -1 Ai ":'' 0 ,
" Y
s- t Urban Area
P 6)
, , 3 Security Initiative
Santa An ,` 1 ;1 r,
December 4, 2008
2008 Urban Area Security Initiative (UASI)
This envelope contains the following items:
• Three (3) Transfer Agreements: Sign all three (3) and return by January 31,
2009
• Two (2) Assurances: Sign both and return with agreements
• Training Reimbursement Packet Example
• CD containing two folders
A r pri v--Q-, or-, -// d Fr) -
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A ( Li, rfiski
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[kiln A I FY08 Anaheim /Santa Ana UASI
.4 l f $ ritY lnilial
Anaheim , .„ Grant Management Memo - 2008 -01
Santa An
The Federal HSGP Guide for FY2008 in Appendix F states the following:
"Prior to the transition to FEMA, the former Office of Grants and Training preparedness
programs followed The Department of Justice's codified regulations, 28 CFR and the
OGO Financial Management Guide. The former Office of Grants and Training is now
within FEMA and all preparedness programs will follow FEMA's codified regulations,
44 CFR."
The assurances titled "Office of Homeland Security FY08 Grant Assurances" have some
references to 28 CFR. The State Office of Homeland Security is aware of the discrepancy
and is currently working with FEMA's Grant Programs Directorate and plans to release
clarification to these assurances at a later date. As soon as the Anaheim/Santa Ana UASI
Offices receive this clarification they will forward it to their Sub - Recipients.
The Anaheim/Santa Ana UASI Offices acknowledge the Federal guidance. We direct our
Sub - Recipients to sign the assurances in their current format, follow relevant sections and
comply with FEMA by following 44 CFR where appropriate.
Respectfully,
Sergeant Brian McElhaney
Anaheim Police Department
Office of Homeland Security
FY08 Grant Assurances
(All HSGP Applicants)
Name of Applicant:
Address:
City: State: Zip Code:
Telephone Number: Fax Number:
E -Mail Address:
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
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,
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 CSC.,
•
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 finding 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.
Page 2 Initials OC^,
• •
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 a non - compliance finding. 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 IOC-
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(EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental
Quality (E011514).
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.
Page 4 Initials K.
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23. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
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 are
funded in whole or in part with federal funds.
25. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
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 care, handling, and treatment of warm blooded
animals held for research, 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
Standards 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
standards 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
Page 5 Initials CC,
i •
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
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 Circulars 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 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, 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 - awards) 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 award of funds and the
disbursement of funds.
Page 6 Initials CC-
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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 a royalty -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 are 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, 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.
(ii) 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.
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (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
Page 7 Initials D'-.
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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 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.
(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 8 Initials LC..
•
•
(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 a drug -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: David N. Carmany
Title: City Manager Date: January 12, 2009
Page 9 Initials