HomeMy WebLinkAbout06 FISCAL YEAR 2024 URBAN AREA SECURITY INITIATIVE GRANTDocusign Envelope ID: CBCD726A-4DB1-4938-A388-BCB79412E3BF
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
AGENDA REPORT
FEBRUARY 3, 2026
ALDO E. SCHINDLER, CITY MANAGER
SEAN THUILLIEZ, CHIEF OF POLICE
Agenda Item 6
Reviewed: Initial
City Manager a`V�
Finance Director N/A
FISCAL YEAR 2024 URBAN AREA SECURITY INITIATIVE GRANT
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 "Fiscal Year 2024 Urban
Areas Security Initiative" Grant Program. This grant is from the Federal Department of
Homeland Security, Federal Emergency Management Agency, through the State of
California Office of Emergency Services. 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 the Agreement by reference.
The Office of Grants and Training has awarded $4,731,981 to the City of Anaheim for use
in the Anaheim/Santa Ana Urban Area, for the performance term of September 1, 2024
through March 31, 2027 (Fiscal Year 2024). In which, the grant period for sub -recipients
(e.g., City of Tustin) can be awarded through the period of November 12, 2025 to March
31, 2027. 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.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution 26-01, designating the Chief of Police or his designee as the
City's authorized representative for the Fiscal Year 2024.
2. Approve the Fiscal Year 2024 Urban Area Security Initiative Transfer
Agreement between the City of Anaheim and the City of Tustin.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
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City Council Agenda Report
Fiscal Year 2024 Urban Area Security Initiative Grant
February 3, 2026
Page 2
CORRELATION TO THE STRATEGIC PLAN:
The Urban Area Security Initiative Grant correlates to Goal B: Public Safety and
Protection of Assets, which focuses on ensuring that Tustin remains an attractive, safe,
and well -maintained community in which people feel pride. To support this goal, the City
will enhance its readiness to respond to major disasters by offering additional employee
training in emergency preparedness practices, thereby strengthening staff knowledge,
coordination, and overall response capabilities during emergency situations.
BACKGROUND AND DISCUSSION:
As part of the Urban Area Security Initiative (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. Overtime money to backfill positions for training is no longer being
offered. However, the grant will continue to provide reimbursement for personnel
who assist with the instruction and delivery of the approved UASI courses. The training
varies and has included courses such as Terrorism Liaison, Tactical Emergency
Casualty Care, Citizen Extremism, Contacts with the Mentally III, and Vulnerability Threat
and Risk Assessment.
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 the Santa Ana and Anaheim
Police Departments. 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.
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. The City was recently a
recipient of a Lenco Armored Response Vehicle (ARV). 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.
Signed by: Signed b
13C7940ADSFE41 C...E�:saq(17sAaFnasdCls
Sean Thuilliez Stephen Foster
Chief of Police Emergency Manager
Attachments:
1. Resolution No. 26-01
2. Transfer Agreement (Sub -Recipient: City of Tustin)
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RESOLUTION NO. 26-01
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 2024 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 2024 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 3rd day of February 2026.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
FDocuSigned by:
,: y _
DA 'E.17KENDIG
City Attorney
/msd/
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 26-01 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 3rd day of February, 2026
by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA,
City Clerk
Resolution26-01
Page 2 of 2
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AGREEMENT
SUB -RECIPIENT: CITY 4F TUSTIN
City Contract Number
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TABLE OF CONTENTS
Section Description Pala e
I
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
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Use of Grant Funds
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment g
IV
STANDARD PROVISIONS
§401.
Construction of Provisions and Titles Herein
10
§402.
Applicable Law, Interpretation and Enforcement
10
§403.
Integrated Agreement
10
§404.
Excusable Delays
10
§405.
Breach
11
§406.
Prohibition Against Assignment or Delegation
11
§407.
Permits
11
§408.
Bonds
11
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TABLE OF CONTENTS
Section Description Page
§409. Indemnification 11
§410. Conflict of Interest 12
§411. Restriction on Disclosures 14
§412. Statutes and Regulations Applicable to All Grant Contracts 14
§413. Federal, State, and Local Taxes 17
§414. Inventions, Patents and Copyrights 17
§415. MBEIWBE 20
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 21
§502. Amendments 21
V
ENTIRE AGREEMENT
§601. Complete Agreement 22
§602. Number of Pages and Attachments 22
Execution (Signature) Page 23
EXHIBITS
Exhibit A CalOES FY2024 Standard Grant Assurances
Exhibit A-1 Standard Assurances Addendum
Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility
Matters
Exhibit C Certification Regarding Lobbying
Exhibit D Supplemental Grant Subaward Information
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Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2024 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF TUSTIN
THIS AGREEMENT is made and entered into this day of 20 , by and
between the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF
TUSTIN ("SUB -RECIPIENT").
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 FY2024 Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2024
Urban Areas Security Initiative" FAIN # EMW-2024-SS-05088 under the Homeland
Security Grant Program from the federal Department Of Homeland Security (DHS),
Federal Emergency Management Agency (FEMA), through the State of California
Governor's Office of Emergency Services (CalOES), to support state and local efforts to
prevent terrorism and other catastrophic events and to prepare the Nation for the
threats and hazards that pose the greatest risk to the security of the United States (the
"grant"), as set forth in the grant guidelines and assurances that are incorporated to this
Agreement by reference and located at:
U.S. Department of Homeland Security "Fiscal Year 2024 Homeland Security Grant
Program (HSGP) Notice of Funding Opportunity (NOFO)"
htt s://www.fema. ovl rants) re aredness/homeland-securit If-24-nofo
California Office of Emergency Services "FY2024 Homeland Security Grant
Program: California Supplement to Federal Program Guidance and Application
Kit"
https://www.caloes.ca.gov/wp-content/uploads/G rants/Documents/FY2024-HSG P-
State-Supplement-updated-12.18.24.pdf
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 Governor's Office of Emergency Services
("CaIOES"); 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
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them in building an enhanced and sustainable capacity to prevent, prepare for,
protect against, and respond to threats or acts of terrorism; and
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, 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 FY2024 UAS
Grant of $4,731,981 ("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 Director ("UASI Grant
Office") to provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY2024 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 Chief of Police which
authorizes the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 425 South
Harbor Boulevard, Anaheim, CA 92805; 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 authorized to administer
this Agreement and to whom formal notices, demands and communications
shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise
stated in the Agreement:
Kerrstyn Vega, Police Support Services Administrator
Anaheim Police Department
425 South Harbor Boulevard
Anaheim, CA 92805
Phone: (714) 765-1931
kvega@anaheim.net
2. The representative of CITY OF TUSTIN shall be:
Name:
Title:
Sub Recipient Name:
Sub Recipient Address:
City State:
Phone:
E-mail:
zip:
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.
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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 §412A of this Agreement attached
hereto as Exhibit A and Exhibit A-1 and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with section §412 of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with section
§412C1 of this Agreement and attached hereto as Exhibit C 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.
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11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on 11 /12/2025 and end on
3/31/2027 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 prior written
approval from CITY or its designee and in accordance with grant guidelines
and in full compliance with all of 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. 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.
C. 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 FY2024 UASI Grant can be found at 2 Code of Federal
Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards."
D. The Authorized Equipment List (AEL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
hftps://www.fema.gov/authorized-equipment-lis , 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.
Any equipment acquired or obtained with Grant Funds:
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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, the Threat Hazard
Identification and Risk Assessment (THIRA), the State
Preparedness Report; and deployed in conformance with those
plans;
3. Shall be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
and deployed with personnel trained in the use of such equipment in
a manner consistent with the California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan;
4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and
200.314. 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.
5. Shall be used by SUB -RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
7. Shall be recorded on a ledger. The record shall include: (a)
description of the item of Equipment, (b) serial number or other
identification number, (c) the source of funding for the property
(including FAIN); (d) who holds the title, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) percentage of
federal participation in the project costs for the Federal award under
which the property was acquired, (h) location, and (i)use and
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condition of Equipment, and 0) ultimate disposition data including the
date of disposal and sale price of the property. Records must be
retained pursuant to 2 CFR Part 200.313.
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 two years.
Inventory shall also be taken prior to any UASI, State or Federal
monitor visits.
10.SUB-RECIPIENT shall exercise due care to preserve and
safeguard equipment acquired with grant funds from damage or
destruction and shall provide regular maintenance and such repairs
for said equipment as necessary, in order to keep said equipment
continually in good working order. Such maintenance and servicing
shall be the sole responsibility of SUB -RECIPIENT, who shall
assume full responsibility for maintenance and repair of the
equipment throughout the life of said equipment.
11. SUB -RECIPIENT shall identify a Point -of -Contact (POC) to be
responsible for all Equipment prior to the receipt of the item(s). POC
will serve as the custodian of the Equipment. SUB -RECIPIENT shall
notify the CITY of any change in the POC and assume the
responsibility of advising the new custodian of all UASI grant
program guidelines and requirements.
12. SUB -RECIPIENT shall contact the ASAUA Grant Office prior to
initiating the disposition process. Disposal of equipment shall be
conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact
the awarding agency for disposition instructions, if necessary, prior to
any action being taken.
E. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed in FY2024 Homeland Security Grant Program, as set forth above. All
training expenses must be pre -authorized by CaIOES. A catalogue of
Grantor approved and sponsored training courses is available at
https://cdp.dhs,gov/.
F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY2024 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at https://www.fema.gov/media-Iibra�ylassets/documents/32326.
G. Any planning paid pursuant to this Agreement shall conform to the guidelines
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as listed in FY2024 Homeland Security Grant Program, as set forth above.
H. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY2024 Homeland Security Grant Program, as set
forth above.
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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 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 copy of
this 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 invoices to the CITY requesting payment and all
supporting documentation. Each reimbursement request shall be
accompanied by the Reimbursement Request for Grant Expenditures detailing
the expenditures made by SUB -RECIPIENT as authorized by Section 202
above. Each reimbursement request shall be submitted to the Anaheim UASI
Grant Office. 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 CalOES 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 SUB -RECIPIENT
has turned in all supporting documentation and completed the requirements of
this Agreement.
D. It is understood that the CITY makes no commitment to fund this
Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing
availability to the CITY of federal funds for this program. The Agreement may
be terminated immediately upon written notice to SUB -RECIPIENT of a loss or
reduction of federal grant funds.
G
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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
California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§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 written 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 Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
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restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§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.
Contractual / Legal Remedies for Breach of Contract --Should SUB -RECIPIENT
fail for any reason to comply with the contractual obligations of this Agreement
and/or willfully, knowingly, or negligently breach any term, condition or
requirement of the Agreement, City may impose sanctions including but not
limited to damages (liquidated damages and or penalties) and/or any other
remedy available pursuant to the Agreement or the laws then in effect.
§406. Prohibition Against As"i nment 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. Bonds
SUB -RECIPIENT must purchase a performance bond for any equipment item
over $250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds. SUB -RECIPIENT must provide a copy of performance
bond to CITY no later than the time of reimbursement.
§409. Indemnification
To the fullest extent of the law, SUB -RECIPIENT agrees to indemnify, defend,
and hold harmless the City of Anaheim, its officers, agents, employees,
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representatives and designated volunteers from and against any and all claims,
demands, defense costs, or liability of any kind or nature arising out of or resulting
from, or any way connected with SUB -RECIPIENT'S acts, errors or omissions in
the performance of SUB -RECIPIENT'S services or use of grant funds under the
terms of this Agreement.
§410. Conflict of Interest
A. SUB -RECIPIENT covenants that it will comply with 2 CFR 200.318(c)(1) and
that none of its directors, officers, employees, or agents shall participate in
selecting, or administrating any subcontract supported (in whole or in part) by
Federal funds where such person is a director, officer, employee or agent of
the subcontractor; or where the selection of subcontractors is or has the
appearance of being motivated by a desire for personal gain for themselves or
others such as family business, etc.; or where such person knows or should
have known that:
1. A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq. if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic
partner and/or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial interest of
five percent or more; ownership of five percent or more of
the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
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C. SUB -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. 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 SUB -RECIPIENT..
E. Prior to obtaining the CITY'S approval of any subcontract, SUB -RECIPIENT
shall disclose to the CITY any relationship, financial or otherwise, direct or
indirect, of 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 CITY, SUB -RECIPIENT, the State of California, and Federal regulations
regarding conflict of interest.
G. 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 procuring this
Agreement.
H. 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. SUB -RECIPIENT agrees that no individual shall participate in any
procurement activity if a real or apparent conflict of interest exists, including,
but not limited to, financial or personal relationships with any entity considered
for a contract.
J. SUB -RECIPIENT shall maintain a written standards of conduct and shall
take appropriate disciplinary action against any employee, officer, or agent
who violates these standards. Disciplinary actions may include, but are not
limited to, formal reprimand, suspension, or termination, depending on the
severity of the violation.
K. SUB -RECIPIENT shall report any violations of this agreement to the
awarding agency within 5 business days of discovery and shall cooperate
fully with any investigation or audit related to the incident.
L. 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".
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§411. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250, et seq.).
§412. Statutes and Regulations Applicable To All Grant Contracts
A. 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 A and Exhibit A-1.
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.
B. SUB -RECIPIENT shall comply with all applicable requirements of state, federal,
county and SUB -RECIPIENT laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. SUB -RECIPIENT shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. SUB -RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
Office of Management and Budget OMB Circulars
SUB -RECIPIENT shall comply with 2 Code of Federal Regulations
(CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit
Requirements for Federal Awards).
2. Sinale 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.; Title 2 Code of
Federal Regulations, Part 200, Subpart F Audit Requirements;
and any administrative regulation or field memos implementing
the Act. When reporting on the FY2024 UASI Grant Program
under the Single Audit Act, SUB -RECIPIENT shall use Catalog
of Federal Domestic Assistance (CFDA) Program Number
97.067 "Homeland Security Grant Program"; Grant Identification
Number 2024-0088; and identify the City of Anaheim as the
Pass -Through.
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3. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the CITY with respect to all matters
covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents specified
in this Agreement. Such records shall be retained for a period of
three (3) years after the CITY receives notification of grant closeout
from CalOES, and after final disposition of all pending matters.
"Pending matters" include, but are not limited to, an audit, litigation or
other actions involving records. The CITY may, at its discretion, take
possession of, retain and audit said records. Records, in their
original form pertaining to matters covered by this Agreement, shall at
all times be retained within the County of Orange unless authorization
to remove them is granted in writing by the CITY.
4. 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.
SUB -RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the release of any funds to the
subcontractor. 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.
5. 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
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(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; 0) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and
(k) P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this
award of assistance.
6. Telecommunication
SUB -RECIPIENT will comply with 2 CFR 200.216 and FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
on Covered Telecommunication Equipment or Services (Interim),
which prohibits grant recipients and subrecipients from obligating
or expending loan or grant funds to procure or obtain, extend or
renew a contract to procure or obtain, or to enter into a contract (or
extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system.
7. Lobbying Prohibited
SUB -RECIPIENT will comply with all applicable lobbying
prohibitions and laws, including those found in the Byrd Anti -
Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that
none of the funds provided under this award may be expended by
SUB -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, or cooperative agreement.
8. Clean Air Act
SUB -RECIPIENT agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq. SUB -RECIPIENT agrees to
report any violation of the Clean Air Act to the CITY and
understands and agrees that the CITY will, in turn report each
violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate
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Environmental Protection Agency Regional Office. SUB -RECIPIENT
further agrees to include these requirements in each subcontract
exceeding $150,000 in value financed in whole or in part with Federal
assistance provided by FEMA.
C. Statutes and Regulations Applicable To This Particular Grant
SUB -RECIPIENT shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular
grant program. SUB -RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
Title 2 Code of Federal Regulations (CFR) Part 200; 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
2024 Homeland Security Grant Program —Notice of Funding
Opportunity; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act,
Government 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, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of
Faith -based Organizations; Part 42, Nondiscrimination/Equal
employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and 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, Government- Wide Requirements for a Drug Free
Workplace (grants).
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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 prior written
authorization from the UASI Grant Office.
SUB -RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on 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 under 5 U.S.0 5701-11,
("Travel and Subsistence Expenses; Mileage Allowances"), or by
the Administrator of General Services, or by the President (or his
or her designee) pursuant to any provisions of such subchapter
must apply to travel under federal awards (48 CFR 31.205-46(a)).
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.
§413. 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.
§414. 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, 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 Government
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
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Camp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR
48661, 3 CFR, 1987 Comp., p. 262). SUB -RECIPIENT hereby agrees to be
bound by the Policy, and will contractually require its personnel to be bound by
the Policy.
B. Rights to Use Inventions
CITY shall have an unencumbered right,
royalty- free license, to use, manufacture,
do so for all government purposes, any
Agreement.
C. Copyright Palm
and a non-exclusive, irrevocable,
improve upon, and allow others to
Invention developed under this
Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material ("Material") is developed
under this Agreement, the author or the CITY, at the CITY'S
discretion, may copyright the Material. If the CITY declines to
copyright the Material, the CITY shall have an unencumbered right,
and a non-exclusive, irrevocable, royalty- free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Material
developed under this Agreement or any Copyright purchased under
this Agreement.
3. SUB -RECIPIENT shall comply with all applicable requirements in the
Code of Federal Regulations related to copyrights and copyright
policy.
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(f)(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.
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§415. 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.
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V
DEFAULTS. SUSPENSION. TERMINATION. AND AMENDMENTS
§501. Defaults
Should SUB -RECIPIENT fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§502. 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
amendments or requirements promulgated by the CITY
Agreement.
directives, or any rules,
affecting this
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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 as one original. This Agreement includes twenty-
three (23) pages and five (5) Exhibits which constitute the entire understanding
and agreement of the parties.
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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.
►_r■1�119
By:
Theresa Bass
Clerk of the Council
APPROVED AS TO FORM:
Kristin Pelletier
Chief Assistant City Attorney
CITY OF ANAHEIM, a municipal Corporation
of the State of California
2
Rick Armendahz
Interim Chief of Police
SUB -RECIPIENT
CITY OF TUSTIN
UEI No. NYYLC6QTCZN7
In
Printed Name
Title
APPROVED AS TO FORM
Printed Name
Title
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EXHIBIT A
California Governor's Office of Emergency Services
FY2024 Grant Assurances
(All HSGP Applicants)
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the
institutional, managerial, and financial capability (including funds sufficient to pay
any non-federal share of project cost) to ensure proper planning, management,
and completion of the project described in this application, within prescribed
timelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering
to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the
Code of Federal Regulations (C.F.R.) and adopted by the Department of
Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office
of Management and Budget (OMB) and can be found at
http://www.whitehouse.ciov/omb/.
In the event Cal OES determines that changes are necessary to the subaward
after a subaward has been made, including changes to period of performance
or terms and conditions, Applicants will be notified of the changes in writing.
Once notification has been made, any subsequent request for funds will indicate
Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant
hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing
board, or authorized body in support of this project. This written authorization
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must specify that the Applicant and the city council, governing board, or
authorized body agree:
(a) To provide all matching funds required for the grant project and that
any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the
city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or
authorized body to apply for federal assistance, and the institutional,
managerial and financial capability (including funds sufficient to pay the
non-federal share of project cost, if any) to ensure proper planning,
management and completion of the project described in this
application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon
request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only
authorized to perform allowable activities approved under the award, within
the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for
persons entering into a contract, grant, loan, or cooperative agreement from
an agency or requests or receives from an agency a commitment providing for
the United States to insure or guarantee a loan, the Applicant certifies 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 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.
(b) 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
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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.
(c) The Applicant 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.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-
1508 and §§ 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant 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 without the express written approval from the California Governor's Office
of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and
codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide
protection against waste, fraud, and abuse by debarring or suspending those
persons deemed irresponsible in their dealings with the federal government. The
Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency,
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or
contract under a public fransaction; 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 (4) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
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.
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5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which
prohibits discrimination against those with disabilities or access and
functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.),
which prohibits discrimination on the basis of disability and requires buildings
and structures be accessible to those with disabilities and access and
functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented
by the Department of Housing and Urban Development at 24 C.F.R.
Part100. The prohibition on disability discrimination includes the requirement
that new multifamily housing with four or more 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 (See 24
C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000
in Government business in one year from discriminating in employment
decisions on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in
hiring and employment in both the United States federal workforce and on
the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith -based organizations,
under which the Applicant must comply with equal treatment policies and
requirements contained in 6 C.F.R. Part 19,
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(1) The California's Fair Employment and Housing Act (FEHA) (California
Government Code §§ 12940-12957), as applicable. FEHA prohibits
harassment and discrimination in employment because of ancestry, familial
status, race, color, religious creed (including religious dress and grooming
practices), sex (which includes pregnancy, childbirth, breastfeeding and
medical conditions related to pregnancy, childbirth or breastfeeding),
gender, gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and
family care leave, or pregnancy disability leave, military and veteran status,
and/or retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statutes) that may apply
to this application.
Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding,
pertaining to the following are available on the Cal OES website
(https://wvwv.caloes.ca.gov/office-of-the-director/policy-administration/civil-
rights-eeo/):
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug -free workplace and a drug -free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards,
including:
(a) The California Environmental Quality Act (CEQA) (California Public
Resources Code §§ 21000-21 177), to include coordination with the city or
county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6,
Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which
establishes the basic structure for regulating discharges of pollutants into the
waters of the United States and regulating quality standards for surface
waters;
(d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air
emissions from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural
Provisions of NEPA; and Executive Order 12898 which focuses on the
environmental and human health effects of federal actions on minority and
low-income populations with the goal of achieving environmental
protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive
Order 11988;
(g) Executive Order 1 1514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods,
materials, or services and each federal agency empowered to extend
federal assistance by way of grant, loan, or contract shall undertake such
procurement and assistance activities in a manner that will result in
effective enforcement of the Clean Air Act and the Federal Water Pollution
Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) 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.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
§§7401 et seq.), and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease-
and-desisf order pursuant to section 13301 of the California Water Code for
violation of waste discharge requirements or discharge prohibitions; or 3)
determined to be in violation of federal law relating to air or water pollution.8.
Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually,
the Applicant will perform the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200,
Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give
the awarding agency, the Comptroller General of the United States and, if
appropriate, the state, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the award.
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The Applicant will require any subrecipients, contractors, successors, transferees
and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment The Applicant will comply with 31 U.S.0 §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting -Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) f P.L. 109-282), including but not
limited to (a) the reporting of subawards obligating $30,000 or more in federal
funds, and (b) executive compensation data for first -tier subawards as set forth in
2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the
requirements set forth in the government -wide financial assistance award term
regarding the System for Award Management and Universal Identifier
Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non-
profit organizations.
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16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation
laws set forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real PropertyPrgperty 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 purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal
award subreciplents in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §
469a-1 et seq.); and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §
4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in
construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property
title or other interest in the site and facilities without permission and
instructions from the awarding agency. Will record the federal awarding
agency directives and will include a covenant in the title of real property
acquired in whole or in part with federal assistance funds to assure
nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with fhe
approved plans and specifications and will furnish progressive reports and
such other information as may be required by the assistance awarding
agency or State.
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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123
and 23123.5. These laws prohibit driving motor vehicle while using an electronic
wireless communications device to write, send, or read a text -based
communication. Drivers are also prohibited from the use of a wireless telephone
without hands -free listening and talking, unless to make an emergency call to 911,
law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of
applying for funding under this program, or provided in the course of an entity's
grant management activities that are under Federal control, is subject to the
Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public
Records Act, California Government Code §7920.000 et seq. The Applicant should
consider these laws and consult its own State and local laws and regulations
regarding the release of information when reporting sensitive matters in the grant
application, needs assessment, and strategic planning process.
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other
documents describing projects or programs funded in whole or in part with federal
funds.
22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when
performing project activities outside the United States and obtain all appropriate
licenses, permits, or approvals.
23. Best Practices for Collection and Use of Personally Identifiable Information (Pil)
DHS defines PH as any information that permits the identity of an individual to be
directly or indirectly inferred, including any information that is linked or linkable to
that individual. If the Applicant collects PII, the Applicant is required to have a
publicly -available privacy policy that describes standards on the usage and
maintenance of the PH they collect. The Applicant may refer to the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.
24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to
any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award (including
the federal award number and federal awarding agency). As detailed in 2 C.F.R.
§ 200,315, a federal awarding agency reserves a royalty -free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal
purposes and to authorize others to do so.
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25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing or matching requirements of any
other federal award in either the current or a prior budget period. (See 2 C.F.R. §
200.403(f)). However, recipients may shift costs that are allowable under two or
more federal awards where otherwise permitted by federal statutes, regulations,
or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which
contain policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non -delinquent in its repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (a
list of certified air carriers can be found at: Certificated Air Carriers List I US
Department of Transportation, https://www.fransportation.aov/policy/aviation-
policy/certificated-air-carriers-list) 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. §
401 18) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision
B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
30. Non -supplanting Requirement
If the Applicant receives federal financial assistance awards made under
programs that prohibit supplanting by law, the Applicant must ensure that federal
funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federal sources.
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31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and
applicable regulations governing inventions and patents, including the regulations
issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms under Government
Awards, Contracts, and Cooperative Agreements) and the standard patent rights
clause set forth at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under
programs that provide emergency communication equipment and its related
activities, the Applicant must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure
and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to,
individuals and organizations associated with terrorism. The Applicant is legally
responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative
agreements, and procurement contracts from all federal assistance offices
exceeds $10,000,000 for any period of time during the period of performance of
this federal financial assistance award, the Applicant must comply with the
requirements set forth in the government -wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the award
terms and conditions.
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This
includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission
requirements outlined in the Preparedness Grants Manual, the Applicant must
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demonstrate how the grant -funded project addresses the core capability gap
associated with each project. The capability gap reduction must be addressed in
the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon the Applicant and flow down to any of its
subrecipients as a matter of law, regulation, or executive order. If the requirement
does not apply to Indian tribes or there is a federal law or regulation exempting its
application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability
to an Indian tribe. The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe where it
does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive
Order 14005. Applicants receiving a federal award subject to BABAA requirements
may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States - this
means all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United
States - this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured
product that are mined, produced, or manufactured in the United States is
greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has
been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States -this
means that all manufacturing processes for the construction material
occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies
that are consumed in, incorporated into, or affixed to an infrastructure project. it
does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment
and furnishings, such as movable chairs, desks, and portable computer
equipment, that are used at or within the finished infrastructure project but are
not an integral part of the structure or permanently affixed to the infrastructure
project.
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Per section 70914(c) of BABAA, FEMA may waive the application of a Buy
America preference under an infrastructure program in certain cases.
40. E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply
with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local,
or territorial law enforcement agencies are also encouraged to adopt and
enforce policies consistent with E.O. 14074 to support safe and effective policing.
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended
based on the representations made in these assurances. These assurances are
binding on Applicant, its successors, transferees, assignees, etc. as well as any of its
subrecipients. Failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by
the Applicant and available for Cal OES or public scrutiny upon request. Failure to
comply with these requirements may result in suspension of payments under the
grant or termination of the grant or both and the Applicant may be ineligible for
award of any future grants if Cal OES determines that the Applicant: (1) has made
false certification, or (2) violates the certification by failing to carry out the
requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by the DHS Standard
Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can
be found at: hftps://www.dhs.gov/publication/fyl5-dhs-standard-terms-and-
conditions.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Applicant/Subrecipie
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
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EXHIBIT A-1
Program Standard Assurances Addendum
As the duly authorized representative of the Applicant/Subreciplent, I hereby certify
that the Applicant/Subrecipient, and any of its second -tier subrecipients or
representatives, will comply with all applicable local, state, and federal statutes,
including but not limited to the following state and federal statutes prohibiting hate -
based conduct:
(a) California Penal Code section 422.6(a);
(b) California Penal Code section 404.6;
(c) California Penal Code section 422(a);
(d) California Civil Code section 52.1;
(e) 18 U.S.C. § 249;
(f) 42 U.S.C. § 3631;
(g) 18 U.S.C. § 247, and
(h) 18 U.S.C. § 241, 245.
Additionally, Applicant/Subrecipient will not engage, and certifies that it will take
steps to ensure that its second -tier subrecipients and representatives do not engage,
in conduct contrary to the purposes of the grant program and/or that threatens the
safety and security of Californians, including, but not limited to, acts of violence or
unlawful intimidation on the basis of race, gender, religion, national origin, sexual
orientation, or other protected classifications. Prohibited conduct includes, but is not
limited to, violation of the federal and state laws identified herein.
The undersigned represents that he/she is authorized to enter into this Addendum for
and on behalf of the Applicant/Subrecipient. Applicant/Subrecipient understands that
failure to comply with this Addendum or any of the assurances may result in
suspension, termination, reduction, or de -obligation of funding.
Applicant/Subrecipient agrees to repay funds in the event there is a violation of grant
assurances.
Applicant/Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
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EXHIBIT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required
to attest. Applicants should also review the instructions for certification included in the regulations before
completing this form. Signature of this form provides for compliance with certification requirements under
the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension
(Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance
will be placed when the Agency determines to award the covered transaction or cooperative agreement.
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable
CFR, for prospective participants in covered transactions, as defined in the applicable CFR
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to
a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal State or local) with commission of any of these offenses enumerated in paragraph (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 site shall
attach an explanation to this application.
Address:
Authorized Agent Signature
Printed or Typed Name
Title
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INSTRUCTIONS FOR CERTIFICATION
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 Government, 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 authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower 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 required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
Docusign Envelope ID: CBCD726A-4DB1-4938-A388-BCB79412E3BF
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts. Grants, Loans and Cooperative Agreements
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.
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.
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Subrecipient understands and
agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
AGREEMENT NUMBER:
AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
Docusign Envelope ID: CBCD726A-4DB1-4938-A388-BCB79412E3BF
EXHIBIT D
SUPPLEMENTAL GRANT SUBAWARD INFORMATION
1. Anaheim UASI Grant Office Contact Information Section:
Anaheim Police Department
Kerrstyn Vega, Police Support Services Administrator
425 S. Harbor Blvd.
Anaheim, CA 92805
2. FAIN#: EMW-2024-SS-05088
3. FUND: Federal Trust
4. Program: Homeland Security Grant Program
5. Match Requirement: None
6. Federal Awarding Agency Section:
Federal
Federal
Federal Award
Total Federal
Total Local
Program
Awarding
Date
Award Amount
Assistance
Fund 1 AL #
Agency
Amount
Homeland
US Department
09/01/2024
$182,068,773
$172,965,335
Security Grant
of Homeland
Program 1
Security
97.067
7. Project Description Section:
Project Acronym:
Homeland Security Grant Program (HSGP)
• Project Description:
Support state and local efforts to prevent terrorism and other catastrophic events and
to prepare the Nation for the threats and hazards that pose the greatest risk to the
security of the United States.
8. Research & Development Section:
• Is this Subaward a Research & Development grant? Yes ❑ No 9