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HomeMy WebLinkAbout10 FY2012 UASI GRANTAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 10 MEETING DATE. FEBRUARY 19 2013 TO JEFFREY C PARKER, CITY MANAGER FROM: SCOTT M. JORDAN CHIEF OF POLICE SUBJECT FY2012 URBAN AREA SECURITY INITIATIVE (UASI) GRANT SUMMARY The City of Anaheim, in its capacity as a Core City for the Anaheim /Santa Ana Urban Area, has applied for received and accepted a grant entitled 'FY 2012 Urban Areas Security Initiative (UASI) This grant is from the Federal Department of Homeland Security Federal Emergency Management Agency through the State of California Emergency Management Agency It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into this Agreement by reference. The Office of Grants and Training has awarded $3 697 738 to the City of Anaheim for use in the Anaheim /Santa Ana Urban Area, for the term of January 16 2013 through March 31 2014 The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub - Recipient, is authorized to participate in the grant funding. First, however the City must designate an authorized representative and approve the Transfer Agreement. RECOMMENDATION It is recommended that the City Council: 1 Adopt Resolution 13-06 designating the Chief of Police or his designee as the City's authorized representative for the FY 2012 UASI grant. 2. Approve the FY 2012 UASI Transfer Agreement between the City of Anaheim and the City of Tustin. FISCAL IMPACT There will be no impact on the General Fund FY2012 Urban Area Security Initiative (UASI) Grant February 19 2013 Page 2 of 2 DISCUSSION As part of the UASI grant, the Police Department receives funds every year for the estimated value of the training officers receive through classes hosted in the Operational Area. These classes are free to first responders, and overtime money to backfill positions is generally covered by the grant. The training varies and has included courses such as Terrorism Liaison, Sovereign Citizen Extremism, Contacts with the Mentally III, and Vulnerability Threat and Risk Assessment. In the last two years, the TLO (Terrorism Liaison Officer) program has specifically been funded through the grant. The UASI funds are not a direct allocation to Tustin. Instead, the funds are provided to the Operational Area and are controlled in alternating years by Santa Ana PD and Anaheim PD Through the Urban Area Working Group (UAWG), projects are identified and funded directly from the grant. These projects are generally regional in nature and involve training, communications, intelligence /information sharing, critical infrastructure etc. Last year the Police Department also received grant- funded License Plate Readers for two patrol cars. As a sub - recipient of the grant, the City can request funding for a particular project that is Tustin specific. In the past, the City has received funds for updating the Emergency Operations Plan and Field Operating Guides. UASI funding also paid for securing the parking structure. To receive grant funds, the City would need to submit a proposal, and it would be vetted for viability by the Urban Area Working Group The Police Department and Public Works are currently researching the concept of applying for UASI funding to replace the emergency generator and to help relocate the City's Emergency Operations Center SCOTT M. JOR N PAUL GARAVE Chief of Police Attachment 1 Attachment 2: Lieutenant Resolution No 13 -06 Agreement (Sub- Recipient: City of Tustin) ATTACHMENT NO 1 RESOLUTION NO 13 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2012 URBAN AREAS SECURITY INITIATIVE (UASI) WHEREAS, The City of Anaheim, acting on behalf of the Anaheim /Santa Ana Urban Area, has received authorization to begin spending of FY 2012 Urban Areas Security Initiative ( "UASI ") funds, and WHEREAS The City of Tustin may seek reimbursement from the City of Anaheim related to the City's participation in the programs and activities associated with this grant program; and WHEREAS The City of Tustin may receive Equipment and Services from the City of Anaheim related to the City's participation in the programs and activities associated with this grant program; and WHEREAS The City of Anaheim has requested the City to designate an authorized agency representative who will be responsible for administration of the program NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that the Chief of Police or his designee is hereby authorized to execute for and on behalf of The City of Tustin, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the State of California. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 19th day of February 2013 ELWYN A. MURRAY Mayor ATTEST JEFFREY C PARKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Jeffrey C Parker City Clerk and ex- officio Clerk of the City Council of the City of Tustin California, do hereby certify that the whole number of the members of the City Council is five that the above and foregoing Resolution No 13 -06 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 19th day of February 2013 by the following vote. COUNCILMEMBER AYES COUNCILMEMBER NOES COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT JEFFREY C PARKER, City Clerk ATTACHMENT NO 2 AGREEMENT SUB - RECIPIENT CITY OF TUSTIN City Contract Number 1 TABLE OF CONTENTS Section Description Page INTRODUCTION §101 Parties to the Agreement 3 §102 Representatives of the Parties and Service of Notices 3 §103 Independent Party 4 §104 Conditions Precedent to Execution of this Agreement 4 II TERM AND SERVICES TO BE PROVIDED §201 Time of Performance 5 §202 Use of Grant Funds 5 III PAYMENT §301 Payment of Grant Funds and Method of Payment 8 IV STANDARD PROVISIONS §401 Construction of Provisions and Titles Herein 9 §402 Applicable Law, Interpretation and Enforcement 9 §403 Integrated Agreement 9 §404 Excusable Delays 9 §405 Breach 10 §406 Prohibition Against Assignment or Delegation 10 §407 Permits 10 §408 Non Discrimination and Affirmative Action 10 §409 Bonds 11 1 TABLE OF CONTENTS Section Description Pape §410. Indemnification 11 §411 Conflict of Interest 11 §412. Restriction on Disclosures 13 §413. Statutes and Regulations Applicable to All Grant Contracts 13 §414 Federal, State, and Local Taxes 20 §415. Inventions, Patents and Copyrights 20 §416 MBE/WBE 22 V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501 Defaults 23 §502. Amendments 23 V ENTIRE AGREEMENT §601 Complete Agreement §602. Number of Pages and Attachments 24 24 Execution (Signature) Page 25 EXHIBITS Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit B Certification Regarding Lobbying Exhibit C Grant Assurances ii Agreement Number AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2012 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF ANAHEIM AND CITY OF TUSTIN THIS AGREEMENT is made and entered into this 16th day of January, 2013 by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY "), and CITY OF TUSTIN (the SUB - RECIPIENT' or "Contractor") WITNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim /Santa Ana Urban Area under the FY12 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2012 Urban Areas Security Initiative" from the federal Department Of Homeland Security(DHS) Federal Emergency Management Agency (FEMA) through the State of Califomia Emergency Management Agency (CaIEMA), to enhance countywide emergency preparedness (the "grant "), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at "U 5 Department of Homeland Security "Fiscal Year 2012 Homeland Security Grant Program (HSGP) Funding Opportunity Announcement (FOA)" htp / /www temagov /pol %government /grant /2012 /fv12 hsgp foa pd} California Emergency Management Agency "FY2012 Homeland Security Grant Program California Supplement to Federal Program Guidance and Application Kit" http / /www calema ca rov /EMS HS HazMat /Documents /Forms /Allltems aspx? RootFolder= %2fems %2dhs %2dhazmat %2fdoc um ents %2fh sg. %2f12 &FolderCTI D= 0x0120006A354236AB42C94392941414E26 E 15D 2 Copies of the grant guidelines shall be retained in the Anaheim /Santa Ana Grant Office WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ( "CITY ") and is overseen by the California Emergency Management Agency ( Cal - EMA"), and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism, and 1 WHEREAS, the Anaheim /Santa Ana Urban Area (' ASAUA') consists of 34 cities in Orange County including the City of Anaheim and the City of Santa Ana, the County of Orange, Including the unincorporated area of the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County and the Orange County Fire Authority and WHEREAS, the Office of Grants Management ( "OGM ") awarded a FY12 UASI Grant of $3,697 738 ( "Grant Funds') to the CITY OF ANAHEIM, as a Core City for use in the ASAUA, and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Bureau ( "UASI Grant Office') to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY12 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement ") to CITY OF TUSTIN ( "SUB- RECIPIENT") and others; WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the City Manager which authorizes the CITY to prepare and execute the Agreement. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS. 2 INTRODUCTION §101 Parties to the Agreement The parties to this Agreement are A The CITY, a municipal corporation, having its pnncmpal office at 8201 East Santa Ana Canyon Road, Anaheim, CA 92808, and B CITY OF TUSTIN, a municipal corporation, 300 Centennial Way, Tustin, CA 92780 §102 Representatives of the Parties and Service of Notices A The representatives of the respective parties who are authonzed to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows 1 The representative of the City of Anaheim shall be, unless otherwise stated in the Agreement Dave Vangsness, Lieutenant Anaheim Police Department Emergency Management Bureau 425 South Harbor Boulevard Anaheim CA 92805 Phone (714) 765-3879 Fax (714) 765 -3805 dvangsness @anaheim net 2 The representative of CITY OF TUSTIN shall be Jon Cartwright, Sergeant CITY OF TUSTIN 300 Centennial Way Tustin CA 92780 Phone (714) 573-3220 E-mail icartwnght @tustmca org 3 B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party SUB - RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB - RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB - RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB - RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104 Conditions Precedent to Execution of This Agreement SUB - RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. Grant Assurances in accordance with section 415C of this Agreement attached hereto as Exhibit C and made part hereof. B. Certifications Regarding Ineligibility Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415Al2 of this Agreement and attached hereto as Exhibit A and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit B and made a part hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT 4 II TERM AND SERVICES TO BE PROVIDED §201 Time of Performance The term of this Agreement shall commence on January 9, 2013 and end on March 31, 2014 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities Said term is subject to the provisions herein §202 Use of Grant Funds A CITY may, a) transfer to SUB RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above or b) reimburse SUB RECIPIENT for purchase of authorized equipment, exercises services or training upon receiving pnor written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures SUB - RECIPIENT shall specify the equipment services, exercises and training to be purchased using the Application for Project Funding A paper copy of this document will be provided to SUB RECIPIENT by CITY In addition a compact disc with a copy of the document will be provided to SUB - RECIPIENT by CITY If additional copies of the document are needed, SUB RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided B SUB - RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement Reports shall be in the form requested by the CITY, and shall be provided in a timely manner B The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https. / /www.rkb.us and incorporated to this Agreement by reference A copy of the AEL shall be retained in the Anaheim /Santa Ana Grant Office Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and /or DHS- adopted standards to be eligible for purchase using grant funds SUB - RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements Federal procurement requirements for the FY 12 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 225 'Cost Principles for State Local, and Indian Tribal Govemments" and 44 CFR Part 13 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments " 5 Any equipment acquired or obtained with Grant Funds: 1 Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim /Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy. and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the Califomia Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the Califomia Law Enforcement Mutual Aid Plan or the Califomia Fire Services and Rescue Mutual Aid Plan; 4 Shall be subject to the requirements of Title 44 CFR Part 13.32 and 13.33 For the purposes of this subsection, 'Equipment' is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1)electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers; 5. Shall be used by SUB - RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Govemment, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency 7 Shall be recorded on a ledger This record must be updated bi- annually and forwarded to the City The record shall include: (a) 6 descnption of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number (d) the source of acquisition of the Equipment including the award number (e) date of acquisition, (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment Records must be retained pursuant to 44 C F R Part 13 42, and Office of G &T 8 All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible 9 A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year Inventory shall also be taken pnor to any UASI State or Federal monitor visits 10 SUB- RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order Such maintenance and servicing shall be the sole responsibility of SUB - RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the fife of said equipment D Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as set forth above All training expenses must be pre - authorized by Cai -EMA at http. / /www firstrespondertraining gov /admin A catalogue of Grantor approved and sponsored training courses is available at http. / /www firstrespondertraining gov /odp_webforms E Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Secunty Grant Program, as set forth above Detailed Homeland Secunty Exercise and Evaluation Program Guidance is available at http / /hseep dhs.gov F Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Security Grant Program, as set forth above G Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2012 Homeland Secunty Grant Program, as set forth above 7 III PAYMENT §301 Payment of Grant Funds and Method of Payment A. CITY may a) transfer to SUB - RECIPIENT equipment or services purchased with grant funds; or b) reimburse SUB - RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY In addition, a compact disc with a copy of the document will be provided to SUB - RECIPIENT by CITY If additional copies of the document are needed, SUB - RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B. SUB - RECIPIENT shall provide quarterly invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures (attached hereto as Exhibit D) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted electronically at https://38.184.198/ For equipment for which SUB - RECIPIENT is requesting reimbursement, all appropriate back -up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB - RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CaIEMA tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB - RECIPIENT must include approval from the lead agency for all submitted invoices. C. Payment of final invoice shall be withheld by the CITY until the SUB - RECIPIENT has tumed in all supporting documentation and completed the requirements of this Agreement. D It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB - RECIPIENT of a Toss or reduction of federal grant funds. 8 Iv STANDARD PROVISIONS §401 Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party The word 'Sub - recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement The singular shall include the plural If there is more than one Sub - recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used §402 Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY This Agreement shall be enforced and interpreted under the laws of the State of Califomia and the CITY If any part term or provision of this Agreement shall be held void illegal unenforceable, or in conflict with any law of a federal, state or local govemment having funsdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby §403 Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether wntten or oral relating thereto This Agreement may be amended only by a written instrument executed by both parties hereto §404 Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party none of the parties shall incur any liability to the other parties as a result of such delay or suspension Circumstances deemed to be beyond the control of the parties hereunder shall include but not be limited to, acts of God or of the public enemy, insurrection, acts of the Federal Govemment or any unit of State or Local Govemment in either sovereign or contractual capacity, fires, floods, epidemics, quarantine 9 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation SUB - RECIPIENT may not, unless it has first obtained the written permission of the CITY A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder §407 Permits SUB - RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB - RECIPIENT performance hereunder and shall pay any fees required therefore. SUB - RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action SUB - RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY In performing this Agreement, SUB - RECIPIENT shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry sex, sexual orientation, age, physical handicap, mental disability marital status, domestic partner status or medical condition. SUB - RECIPIENT shall comply with Executive Order 11246, entitled 'Equal Employment Opportunity as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). 10 I[ me! u! 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RECIPIENT further covenants that no officer, director, employee or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee or agent) D The SUB- RECIPIENT shall not subcontract with a former director, officer or employee within a one year period following the termination of the relationship between said person and the Contractor E Pnor to obtaining the CITY'S approval of any subcontract the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise direct or indirect, of the SUB - RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees F For further clarification of the meaning of any of the terms used herein the parties agree that references shall be made to the guidelines, rules, and laws of the SUB - RECIPIENT, State of California, and Federal regulations regarding conflict of interest G The SUB - RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement H The SUB - RECIPIENT covenants that no member, officer or employee of SUB - RECIPIENT shall have interest, direct or indirect in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his /her tenure as such employee, member or officer or for one year thereafter I The SUB - RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB- RECIPIENT" and "sub subcontractor" for "Subcontractor" 12 §412 Restnction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the Califomia Public Records Act (California Govemment Code Sec 6250, et seq ) §413 Statutes and Regulations Applicable To All Grant Contracts A SUB - RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB - RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements goveming this Agreement SUB - RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours and other conditions of employment SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement These requirements include, but are not limited to 1 Office of Management and Budget (OMB) Circulars SUB - RECIPIENT shall comply with OMB Circulars, as applicable OMB Circular A-87 (Cost Pnnciples for State, Local, and Indian Tnbal Govemments, relocated to 2 CFR Part 225) OMB Circular A- 102 (Grants and Cooperative Agreements with State and Local Govemments found in 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments "), OMB Circular A -133 (Audits of States, Local Govemments, and Non -Profit Organizations 2 Single Audit Act If Federal funds are used in the performance of this Agreement, SUB- RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec 7501 et seq and any administrative regulation or field memos implementing the Act When reporting under on the FY12 UASI Grant Program under the Single Audit Act, SUB - RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97 067 "Homeland Secunty Grant Program ", Grant identification Number 2012 - 00123, and Identify the City of Anaheim as the Pass - Through 3 Amencans with Disabilities Act SUB - RECIPIENT hereby certifies that it will comply with the Americans with Disabilities Act, 42 USC §§ 12101, et seq and its implementing regulations SUB - RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs services and activities in accordance with the provisions of the Amencans with 13 Disabilities Act. SUB - RECIPIENT will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability Any subcontract entered into by the SUB - RECIPIENT relating to this Agreement, to the extent allowed hereunder shall be subject to the provisions of this paragraph. 4 Political and Sectarian Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity If this Agreement provides for more than $100,000 in grant funds or more than $150,000 in loan funds, SUB - RECIPIENT shall submit to the CITY a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 USC §1352. A copy of the Certificate is attached hereto as Exhibit B No funds will be released to SUB - RECIPIENT until the Certification is filed. SUB - RECIPIENT shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub - awards at all tiers and that all subcontractors shall certify and disclose accordingly 5. Records Inspection At any time during normal business hours and as often as the CITY the U.S. Comptroller General, and /or the Auditor General of the State of Califomia may deem necessary SUB - RECIPIENT shall make available for examination all of its records with respect to all matters covered by this Agreement. The CITY the U.S. Comptroller General and /or the Auditor General of the State of Califomia shall have the authority to audit, examine and make excerpts or transcripts from records, including SUB - RECIPIENT'S invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. SUB - RECIPIENT agrees to provide any reports requested by the CITY regarding performance of the Agreement. 14 6 Records Maintenance Records in their original form, shall be maintained in accordance with requirements prescnbed by the CITY with respect to all matters covered on file for all documents specified in this Agreement Onginal forms are to be maintained on file for all documents specified in this Agreement Such records shall be retained for a penod of three (3) years after termination of this Agreement and after final disposition of all pending matters "Pending matters" include but are not limited to, an audit, litigation or other actions involving records The CITY may, at its discretion, take possession of retain and audit said records Records in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authonzation to remove them is granted in writing by the CITY 7 Subcontracts and Procurement SUB - RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements third party agreements, consultant service contracts and construction subcontracts SUB - RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements The SUB RECIPIENT shall submit all Subcontractor Agreements to the CITY for review pnor to the release of any funds to the subcontractor The SUB - RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement 8 Labor SUB RECIPIENT shall comply with the Intergovernmental Personnel Act of 1970 (42 U S C 04728 -4763) relating to prescnbed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Ment System Personnel Administration (5 C F R 900 Subpart F) SUB - RECIPIENT shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U S C § §276a to 276a -7), the Copeland Act (40 U S C §276c and 18 U S C §874), the Contract Work Hours and Safety Standards Act (40 U S C 0327 -333), regarding labor standards for federally- assisted construction sub - agreements and the Hatch Act (5 USC 01501 -1508 and 7324 -7328) SUB - RECIPIENT shall comply with the Federal Fair Labor Standards 15 Act (29 USC §201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union /labor organizing activities. CA Gov't Code Sec. 16645, et seq. 9. Civil Rights SUB - RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to. (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to non - discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental SUB - RECIPIENT shall comply or has already complied, with the requirements of Titles 11 and III of the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally - assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. SUB - RECIPIENT shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514 (b) notification of violating facilities pursuant to 16 EO 11738, (c) protection of wetlands pursuant to EO 11990, (d) evaluation of flood hazards in floodplains in accordance with EO 11988, (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U S C § §1451, et seq ), (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955 as amended (42 U S C § §7401, et seq ), (g) protection of underground sources of drinking water under the Safe Dnnking Water Act of 1974 as amended (P L 93 -523), (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P L 93205), and (i) Flood Disaster Protection Act of 1973 §102(a) (P L 93 -234) SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act o 1968 (16 U S C § §1271, et seq ) related to protecting components or potential components of the national wild and scenic nvers system SUB - RECIPIENT shall comply 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 SUB - RECIPIENT shall comply with the Federal Water Pollution Control Act (33 U S C § 1251, et seq ) which restores and maintains the chemical, physical and biological integrity of the Nation's waters SUB - RECIPIENT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA By signing this Agreement SUB - RECIPIENT ensures that it is in compliance with the California Environmental Quality Act (CEQA) Public Resources Code §21000, et seq and is not impacting the environment negatively SUB - RECIPIENT shall comply with the Energy Policy and Conservation Act (P L 94 -163, 89 Stat 871) SUB - RECIPIENT shall comply, if applicable, with the provision of the 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 Bamer Resources System 17 11 Preservation SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 12. Suspension and Debarment SUB - RECIPIENT shall comply with Federal Register Volume 68, Number 228, regarding Suspension and Debarment, and SUB - RECIPIENT shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the CITY concurrent with the execution of this Agreement and shall certify that neither SUB - RECIPIENT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 13. Drug-Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701 44 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§ 8350 -8357 14. Miscellaneous SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89 -544, 7 USC H2131 et seq.). B. Statutes and Regulations Applicable To This Particular Grant SUB - RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements goveming this particular grant program. SUB - RECIPIENT shall comply with new amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1 Title 44 Code of Federal Regulations (CFR) Part 13; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2009 Homeland Security Grant Program — Program Guidance and Application Kit; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. 18 Standardized Emergency Management System (SEMS) requirements as stated in the Califomia Emergency Services Act, Govemment Code Chapter 7 of Division 1 of Title 2 § 8607 1(e) and CCR Title 19, §§ 2445 -2448 Provisions of 44 CFR applicable to grants and cooperative agreements including Part 18 Administrative Review Procedures, Part 20 Criminal Justice Information Systems Part 22, Confidentiality of Identifiable Research and Statistical Information, Part 23 Cnminal Intelligence Systems Operating Policies Part 30 Intergovernmental Review of Department of Justice Programs and Activities, Part 35, Nondiscrimination on the Basis of Disability in State and Local Govemment Services, Part 38, Equal Treatment of Faith -based Organizations Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures Part 61 Procedures for Implementing the National Environmental Policy Act Part 63, Floodplain Management and Wetland Protection Procedures, Part 64, Floodplain Management and Wetland Protection Procedures, Federal laws or regulations applicable to federal Assistance Programs, Part 69, New Restrictions on Lobbying Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations, and Part 83, Govemment- Wide Requirements for a Drug Free Workplace (grants) Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Cnme Act, as appropriate, the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100 1, and all other applicable federal laws, orders, circulars, or regulations 2 Travel Expenses SUB - RECIPIENT as provided herein may be compensated for SUB - RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed Travel including in -State and out -of- State travel shall not be reimbursed without pnor written authorization from the UASI Grant Office SUB - RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT'S travel policies and procedures If SUB - RECIPIENT does not have established travel policies and procedures, SUB- RECIPIENT'S reimbursement rates shall not exceed the amounts established by the State 19 Department of Personnel Administration Rules and Regulations, PML 97 -024 Section 599.619, dated July 1 1997 and Section 599.631 and as amended from time to time. 3. Noncompliance SUB - RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB - RECIPIENT to CITY of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ( "Grant Assurances "), attached hereto as Exhibit C. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB - RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances. §414. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an independent party and not as a CITY employee. §415. Inventions, Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB - RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY The CITY shall report the fact and disclose the Invention to the Grantor Unless there is a prior agreement between the CITY and the Grantor the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ( "Policy ") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum on Govemment Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87 52 FR 13414, 3 CFR, 1987 Comp. p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661 3 CFR, 1987 Comp. p. 262). SUB - RECIPIENT 20 hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy B Rights to Use Inventions CITY shall have an unencumbered right, and a non - exclusive, irrevocable, royalty- free license, to use, manufacture improve upon, and allow others to do so for all govemment purposes, any Invention developed under this Agreement C Copyright Policy 1 Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ( "Material ") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copynght the Material If the CITY declines to copyright the Material, the CITY shall have an unencumbered nght, and a non - exclusive, irrevocable, royalty- free license to use, manufacture, improve upon, and allow others to do so for all govemment purposes, any Material developed under this Agreement 2 The Grantor shall have an unencumbered right, and a non - exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all govemment purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement 3 SUB- RECIPIENT shall comply with 24 CFR 85 34 D Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement Unlimited rights means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so as required by 48 CFR 27 401 Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U S C Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27 404()(2) instead of unlimited rights (48 CFR 27 404(a)) E Obligations Binding on Subcontractors SUB - RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts 21 §416. Minority, Women And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB - RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub - Contractors. 22 v DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501 Defaults Should SUB - RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all nghts under state and federal law §502 Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB - RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB - RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto SUB - RECIPIENT agrees to comply with all future CITY Directives or any rules, amendments or requirements promulgated by the CITY affecting this Agreement 23 VI ENTIRE AGREEMENT §601 Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty -five (25) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties. 24 IN WITNESS WHEREOF the City and CITY OF TUSTIN have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above ATTEST CITY OF ANAHEIM, a municipal Corporation of the State of Califomia By By Linda N Andal Bob Wingenroth Clerk of the Council City Manager RECOMMENDED FOR APPROVAL By — John Welter SUB - RECIPIENT Chief of Police CITY OF TUSTIN APPROVED AS TO FORM By Printed Name By Kristin Pelletier Title Sr Assistant CityAttomey APPROVED AS TO FORM By Printed Name Title 25 EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they arc required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Keslmielions on Government -wide Dcbamtent and Suspcnsion (Nonprocurcment). The certification shall be treated as a material representation of face upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549 Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals. (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency (b) 1lave not within a three -year period preceding this application becn convicted of or had a civil judgement rendered against then for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery bribery falsification or destruction of records, making false statements, or receiving stolen property (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (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 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. Authorized Agent Signature Printed or Typed Name Title Address: 26 JNSTRUCTIQNS FOR FRTIFICATIQ?4 1 By signing and submitting this document the prospective recipient of Federal assistance funds is providing the certification as set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies including suspension and /or debarment 3 The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances 4 The terms "covered transaction debarred suspended ineligible "'lower tier covered transaction " " participant," " person," "primary covered transaction," "principal," proposal, and "voluntarily excluded as used in this clause have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 5 The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred suspended declared ineligible, or voluntarily excluded from participation in this covered transaction unless authonzed by the department or agency with which this transaction originated 6 The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not requited to, check the List of Parties Excluded from Procurement or Non Procurement Procrams 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9 Except for transactions authorized under Paragraph 5 of these instructions if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended debarred ineligible or voluntary excluded from participation in this transaction in addition to other remedies available to the Federal Government, the department or agency with which this transaction onginated may pursue available remedies, including suspension and /or debarment 27 EXHIBIT B CERTIFICATION REGARDING LOBBYING Cell flcation for Contracts. Grants. Loans and Cooperative Aareement8 The undersigned certifies, to the best of his or her knowledge and belief that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly 4 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER CONTRACTOR/BORROWER /AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE 28 EXHIBIT C California Emergency Management Agency (Cal EMA) NY 2012 Grant Assurances (All HSGP Applicants) Name of Applicant Address City Slate 1 elephonc Number Fax Number I . Mail Address hip Codc As the duly authonzed representative of the applicant I ccrtrfy that the applicant named above I Will assure that grant funds will support cilorts related to providing an integrated mechanism to enhance the coordination of national priority cl)brts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies 2 I las the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning management Ind completion of the grant provided by the Li S Department of Homeland Security (DHS) /Fedcrd Emergency Management Agency (FEMA) and sub granted through the State of California California Emergency Management Agency (Cal EMA) 3 Will assure that grant funds are used for allowable fair and reasonable costs only and will not be Transferred between grant programs (for example State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years 4 Will comply with any cost sharing commitments included in the FY20I2 investment Justifications submitted to DHS /FEMA/Cal EMA, where applicable 5 Will hive the Federal government the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative access to, and the right to examine, all paper or electronic records books or documents related to the award and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives 6 Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines follow the Federal and State approved privacy policies and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool 7 Will provide progress reports, and other such information as may be required by the awarding agency including the Initial Strategy Implementation Plan (ISIP) within 45 (forty five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year 8 Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA 9 Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds 29 10. Will comply with all provisions of D1IS /1 :MA'.s codilicd regulation 44, Part 13, Uniform Administrative Requirements Ihr Giants and Cooperative Agreements to Slane and Local Governments, including the payment of interest earned 011 advances. 11 Will comply with all provisions of 48 ('FR, 31.2, Federal Acquisition Regulations (FAR), Contracts wi0i Commercial Organizations. 12. Will establish safeguards to prohibit employees from using their positions lbr 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 fhmily, business, or other Tics. 13. Understands and agrees that Federal funds will not be used, directly or indirectly to support the enactment, repeal, modification or adoption of any law, regulation, or policy at any level of government, without the express prior written approval from DlIS /FEMA/Cal I :MA. 14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority- owned, women - owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award - supported activities, including changes to key program stall'. 16. 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 structures. 17 Will comply with all Federal and State 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 ol' 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 44 Code of Federal Regulations (CFR) Parts 7 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that 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 30 reupicnl of funds Ilk. recipient will fbrward at copy of the finding to the Oilier. of Civil Rights Office oI Justice Programs I Will provide an lqual 1 mploymenl Opportunity Plan if applicable., to the Department of Juslicc Off iec of Civil Rights within 60 days oI grant award m Will comply and assure tht, complianct of all its subgrantccs and contractors with the nondiscrimination requirements and all other provisions of the curn,nt edition of Ihc, Oft lei. of Justtcc. Programs Financial and Administrative Guide for Grants, M710(I I 18 Will comply with the requirements of idles 11 and 111 of the Unit orm Relocation Assistance, and Real Property Acquisition Policies Act 01 1970 (42 U S C 4601 et seq [P 1 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 ie.al property acquired Ibr project purposes regardless of Federal participation in purchases Will also comply with ride 44 CFIt, Part 25 Uniform Relocation Assistance and Real Properly Acquisition Ini Federal and Federally assisted programs 19 Will comply if applicable with the flood insurancc purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (1' 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 ten thousand dollars ($10 000) or more 20 Will comply with all applicable Federal State and Local environmental and hrstoncal 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 reevaluation of compliance with these EHP requirements 21 Will comply with all provisions of DHS /FI:MA's codified regulation 44, Part 10, Environmental Considerations 22 Agrees not to undertake any project having the potential to nnpaet the EHP resources without the prior wntten approval of DHS/FEMA/Cal EMA, including, but not limited to ground disturbance, construction, modification to any structure, physical secunty enhancements, communications towers any structure over 50 years old, and purchase and/or use of any sonar equipment The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review Any construction related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding Any change to the scope of work will require re evaluation of compliance with the EHP If ground - disturbing activities occur dunng the project Implementation, the subgrantee must ensure monitoring of the disturbance If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropnate State Histonc Preservation Office 23 Any construction activities that have been initiated pnor to the full environmental and historic preservation review could result in non - compliance finding grantees must complete the FEMA EHP Screening Form (OMB Number 1660 -0115 /FEMA Form 024 0 01) and submit It, with all supporting documentation to the GPD EHP team at GPDEHPmfo @fema.dhs gov for review 31 24. Grantees should submit the FEMA Id IP Sctecning Prim for each project as soon as possible upon teeciviug their giant award. The Smelting Flom for these types of projects is available al: www.l'ma.gov/ doe/ goveinmunl /grandbulletins /inf'o329 final screening mcmo.doe 25. Will ensure that the facilities undca its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (1PAs) 1.ist of Violating Facilities, and will notify Cal I£MA and the Federal Grantor agency of'the receipt of any communication from the Director nt'the ISI'A Office ofFederl Activities indicating 'fa facility to be used in the project is under consideration for listing by the 1iPA. 26. Will provide any information requested by DIiS /FI ?MA/( al EMA to ensure compliance with applicable laws, including the hallowing. a. Institution of environmental quality control measures wider the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Fnvironmcntal Justice (EO12898) and Environmental Quality (L011514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of projcct consistency with the approved state management program developed under the Coastal 7,one Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Fedend 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 ct seq.). c. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section 15000 -15007 g. Wild and Scenic Rivers Act of 1968 (I6 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.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. 27 Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Govemment Code, Chapter 7 of Division 1 of Title 2, Section 8607 1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 28. 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 29 Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, 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. 32 30 the recipient agics to consult with DI IS /19 MA /Cal I MA regarding the. allocation of any patent rights that arise tram 01 are purchased with Ibis 1 unding and has requested Through the Sinks, of Calilomia 1 cderal financial assistance to be used to perform eligible work approved in the submitted applILatron for I Went assistance and alter the receipt of Federal financial assistance through the State of California, agrees to the following a Promptly return to the Slate of California all the funds received which exceed the approvcd, actual expenditures as accepted by the Federal or State government h In the event the approvcd 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 Property /equipment purchased under the IISGP reverts to Cal EMA t the grant funds are deobligated/disaflowed and/or not promptly repaid d HSGP lunds used lot the improvement of real property muss be promptly repaid following deobligation /disallowment of costs or Cal LIMA reserves the right to place a lien on the property for the amount owcd c Separately account for interest earned on grant funds, and will return all interest earned tin excess of S/00 per Federal Fiscal Year 31 Will comply with the Intergovernmental Personnel Act of 1970 (42 U S C Sections 4728 4763) relating to presenbed standards ton 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) 32 Will comply with provisions of the Hatch Act (5 U S.0 Sections 1501 1508 and 7324 7328) which hunt the political activities of employees whose principal employment activities arc funded in whole or in part with Federal funds 33 Will comply, if applicable with the Laboratory Animal Welfare Act of 1966 (P L 89 544, as amended 7 U S.0 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 34 Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U S.0 201), as they apply to employees of institutions of higher education, hospitals and other non - profit organizations 35 Agrees that "Classified national secunty information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthonzed disclosure and is marked to indicate its classified status when in documentary form No funding under this award shall be used to support a contract, subaward or other agreement for goods or services that will include access to classified national secunty information if the award recipient has not been approved for and has access to such information 36 Agrees that where an award recipient has been approved for and has access to classified national secunty information no funding under this award shall be used to support a contract subaward or other agreement for goods or services that will Include access to classified national security information by the contractor subawardee, or other entity without pnor wntten approval from the DHS Office of Secunty, Industnal Secunty Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed Such contracts, subawards or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008, EOs 12829 12958 12968 as amended, the National Industnal Security 33 Program Operating Manual (NISPOM); and /or (Oct applicable implementing directives or inshuctions. All security requitement documents are located al. htip://www.dhs.gov/xopnbizigiatits/index.slitm 37 Immediately upon detciinitiation by the award tceipicnl that funding under this award will he used m support such a contract, subaward, or other agreement, and prior to execution of any actions lo facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISI'B, or the applicable I•edcral department of agency for approval and processing instructions. DliS Office of Security ISP13 contact information: elephone. 202-447-5346 Ismail: 1)1)254Admnusu aln cSecui awl dhs.guo Mail: Department of Ilomeland Security Office of the Chief Security Officer A'rl'N: ASD /Industrial Security Pmgmm 13tnnch Washington, D.C. 20528 38. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients That no entity (see definition in paragraph C of this award term) may receive or make a subaward to any entity unless the entity has provided its DUNS number For purposes of this award tern), the following definitions will apply a. 'Data Universal Numbering System (DUNS)' number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866 - 705 -5711) or the Internet, currently at http://fedgov.dnb.com/webform b. `Entity' as it is used in this award term, means all of the Iollowing, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity or a domestic or foreign nonprofit organization; or a domestic or foreign for -profit organization; or a Federal agency but only as a sub recipient under an award or subaward to a non - Federal entity c. 'Subaward' means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations ") and may be provided through any legal agreement, including an agreement that you consider a contract. d. `Subrecipient' means an entity that receives a subaward from you under this award; and is accountable to you for the use of the Federal funds provided by the subaward. 39. 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.0 Sections 327 333), regarding labor standards for Federally - assisted construction sub - agreements. 40. 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 34 ongress ni an employe, of a Member of Congress in connection with the making of any federal brain the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement b II 'iny other funds than Federal appropnatcd Iunds have been paid 01 will be paid to any person for Influencing or attempting to influence an offices or employee of any agency. a Member of Congress, an officer or an employee of Congress or employee of . Member of Congress in connection with the Federal grant cm cooperative agreement, the undersigned shall complete and submit Standard Fenn 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 al all tiers including subgrants contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly This certifcatson is a material representation of tact 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 fads to Isle the required certification shall be subject to a evil penalty el not less than $10 000 and not more than $100 000 for each such failure a b 41 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 42 Agrees that equipment acquired or obtained with grant funds c 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 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 ina manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan d Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy 43 Will comply with all applicable Federal statutes regulations policies guidelines and requirements Including OMB Circulars A102 and A 133 E.0 12372 and the current Administrative Requirements, Cost Pnnciples, and Audit Requirements 44 Will comply with all provisions of 2 CFR, including Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education Hospitals and Other Non Profit Organizations (OMB Circular A 110), Part 225 Cost Pnnciples for State Local and Indian Tnbal Governments (OMB Circular A -87), Part 220 Cost Pnnciples for Educational Institutions (0M13 Circular A 21) Part 230 Cost Pnnciples for Non Profit Organizations (OMB Circular A 122) 45 Will comply with Subtitle A Title II of the Americans with Disabilities Act (ADA) 1990 46 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 35 47 Will comply with bederal Acquisition Regulations (1•AR), pail 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 48. Will comply with the financial and administrative requirements set forth in the current edition of the D11S Financial Management Guide. 49 Agrees That all allocations and use of funds under this grant will he in accordance with the FY 2012 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement In the FY 2012 1omeland Security Grunt Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of gran) funding must support the goals and objectives included in the State and/or Urban Arca Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2012 Homeland Security Grant Program application. Further use of FY 12 funds is limited to those investments included in the California FYI2 Investment Justifications submitted to DIIS /FIiMA/Cal EMA and evaluated through the peer review process. 50. 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' As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17 for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency h. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery bribery falsification or destruction of records, making false statements, or receiving stolen property c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and d. 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. 51 Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 52. Will comply with the administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: Office of Management and Budget (OMB) Circular A -102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A -102 Common Rule "), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." OMB Circular A -110, Uniform 36 Adnunisontive Itcgwrcmcnts for Grants and Agreements with Institutions al Higher Hui-anon Hospitals and Other Non Prole Orgamrruions, relocated to 2 CI R Part 215 I'hc requirements lot allowable costs/cost principles an, contained in the A 102 Common Ru1c, 0M13 Circular 4110 (2 C! R Q 215 27) DHS program legislation federal awarding agcney regulations and the tenns and conditions of the award The lour costs principles circulars an, as follows OMB Circular A 21 Cost Principles for Educational Institutions, relocated to 2 CI'R Part 220 0MI3 Circular A 87, Cost Principles for State Local and Indian I nbal Governments, relocated to 2 CPR Part 225 OMB Circular A 122 Cost Principles for Non Profit Organizations, relocated to 2 CPR Part 230 — OMB Circular A 113, Audits of States 1,ocal Governments and Non Profit Organizations Si W ill acknowledge, 'igrce and require any subrecipients contractors successors transferees find assignees acknowledge and agree to comply with applicable provisions governing DI IS access to records, accounts, documents, information, facilities, and staff a Recipients must cooperate with any compliance review or complaint investigation conducted by DHS and /or Cal EMA h Recipients must give Dl IS /Cal EMA access to and the nbht to examine and copy records, accounts, and other documents and sources of information related to the grant and pennit access to facilities, personnel and other individuals and information as may be necessary as required by DHS /Cal EMA regulations and other applicable laws or program guidance c Recipients must submit timely, complete and accurate reports to the appropriate DHS /Cal EMA officials and maintain appropriate backup documentation to support the reports d Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance e It during the past three years the recipient has been accused of discrimination on the grounds of race color national ongin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of' settlement agreements to the DHS /Cal EMA awarding office and the DHS Office of Civil Rights and Civil Liberties f In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national ongin (including limited English proficiency), sex age, disability religion or familial status against the recipient or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office The United States has the right to seek judicial enforcement of these obligations 54 Agrees that none of the funds provided under an award may be expended by the recipient to pay any person to influence or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement These lobbying prohibitions can be found at 31 U S C § 1352 55 Will comply with requirements to acknowledge Federal funding when issuing statements, press releases requests for proposals bid invitations and other documents descnbing projects or programs funded in whole or in part with Federal funds 56 Will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified mformation or other information subject to national security or export control 37 laws or regulations). l or any scientific, technical, or other copyright work based on or containing data first produced under This award, including those works published in academic, technical or professional jnw•uals, symposia proceedings, or similar works, the recipient grants the Government a royally -free, nonexclusive and irrevocable license to reproduce, display distribute copies, perliirm, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. 'fhc recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement ol'Government sponsorship (including award number) to any work first produced under an award. 57 Will obtain 01IS's approval prior to using the 011S seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard scat, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 58. Will comply with the requirements that project activities carried on outside the United States arc coordinated as necessary with appropriate government authorities and that appropriate licenses. permits, or approvals are obtained. 59 Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the Unitcd States in the March 31 1981 amendment to Comptroller General Decision B 138942. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001 61 Will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175 This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq ), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 63. Will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability familial status, and sex (42 U.S.C.§ 3601 et seq ), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition 38 on disability discrimination includes the requirement that new multifamily housing with Ibui in uioie dwelling units -i.e. the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (sec 24 CFR § 100.201). 64. Will comply with the requirements of'fitles I, 11, and 111 ol'the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101 12213). 65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 66. Will comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19 67 Will comply with the requirements of' Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http: / /www,lep.gov 68. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026 -04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. 70. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq. which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant- supported activities, DHS requires the environmental aspects of construction grants (and certain non - construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 39 71 Will comply with the requirements of Section 1306(c) o1'the National Fhwd Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shoe of a lake or other body of water and that is certified by an appropriate State or local land use authority to he subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR I'mt 63. 72. Will comply with the requirements of the Flood Disaster Piotection Act of 1973, as amended (42 U.S.C. § 4001 el seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may he provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Pmgram and Iood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DI IS support. Lists of flood -prone areas that are eligible for flood insurance arc published in the Federal Register by FEMA. 73. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides That, in furtherance of Section 101(b)(3) ofNEPA (42 U.S.C. § 4331(6)(3)), Federal agencies, to the extent permitted by law must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result fmm such use. In making This finding, the head of the agency may take into account economic, enviromnental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9 74. Will comply with the requirements of the Uniting and Strengthening Ammica by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 75 Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009 b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7 2011 the obligation must be reported by no later than December 31 2011 ) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http: / /www.sec.gov /answers /execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal EMA by the end of the month following the 40 month during which you make the subaward 1'xemptions include 11 m the pit -mous tax year you had gross income, from all sources, under $300,000, you are exempt Iron this requirements to report on subawards and the total compensation of the five most highly compensated executives of any subrecipient d Reporting rota) Compensation of Recipient Lxecutives You must report total compensation for each of your live most highly compensated executives for the preceding completed fiscal yeas, if the total Federal funding authorized to daft, wider this award is $25,000 or more, m the preceding (seal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act as defined at 2 CFR 170 320 (and subawards), and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act as defined at 2 CI R 170 320 (and subawards) and The public dots not have access to information about the compensation of the executives through periodic reports tiled under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U S.0 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (1 o deternmme tithe public has access to the compensation information see the U S Security and Exchange Commission total compensation filings at http. / /www sec govhmswei's /cxecomp.h(m ) iv Subrecmpent Executives Unless you are exempt as provided above for each first tier subrecipient under this award you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170 320 (and subawards) and $25 000 000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and the public does not have access to information about the compensation of the executives through penodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U S C 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 76 Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds The undersigned represents that he/she is authonzed by the above named applicant to enter into this agreement for and on behalf of the said applicant Signature of Authonzed Agent Pnnted Name of Authorized Agent Title. 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