HomeMy WebLinkAboutCity of Anaheim - Anaheim Police Department - 2013-01-16c:Z.
AGREEMENT
SUB -RECIPIENT: CITY OF HUNTINGTON BEACH
City Contract Number D - 45{ 11'C"
TABLE OF CONTENTS
Section Description Page
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 5
§202. Use of Grant Funds 5
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment 8
IV
STANDARD PROVISIONS
§401.
Construction of Provisions and Titles. Herein
9
§402.
Applicable Law, Interpretation and Enforcement
9
§403.
Integrated Agreement
9
§404.
Excusable Delays
9
§405.
Breach
10
§406.
Prohibition Against Assignment or Delegation
10
§407.
Permits
10
§408.
Non Discrimination and Affirmative Action
10
§409.
Bonds
11
I
ABLE OF CONTENTS
Section Description
Page
§410. Indemnification 11
§411. Conflict of Interest 11
§412. Restriction on Disclosures 13
§413. Statutes and Regulations Applicable to All Grant Contracts 13
§414. Federal, State, and Local Taxes 20
§415. Inventions, Patents and Copyrights 20
§416. MBENVBE 22
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 23
§502. Amendments 23
V
ENTIRE AGREEMENT
§601. Complete Agreement 24
§602. Number of Pages and Attachments 24
Execution (Signature) Page 25
EXHIBITS
Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit B Certification Regarding Lobbying
Exhibit C Grant Assurances
ii
Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2012 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and entered into this 16th day of January, 2013, by and
between the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF
HUNTINGTON BEACH (the "SUB -RECIPIENT" or "Contractor").
WITNESSETH
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity
as a Core City for the Anaheim/Santa Ana Urban Area under the FY12 Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2012
Urban Areas Security Initiative" from the federal Department Of Homeland
Security(DHS) Federal Emergency Management Agency (FEMA), through the State of
California Emergency Management Agency (CalEMA), to enhance countywide
emergency preparedness (the "grant"), as set forth in the grant guidelines and
assurances that are incorporated to this Agreement by reference and located at:
"U.S. Department of Homeland Security "Fiscal Year 2012 Homeland Security Grant
Program (HSGP) Funding Opportunity Announcement (FOA)"
http://www.fema.gov/pdf/govemment/grant/2012/fyl2 hsgp foa.pdf
California Emergency Management Agency "FY2012 Homeland Security Grant Program:
California Supplement to Federal Program Guidance and Application Kit"
http://www.calema.ca.gov/EMS-HS-
HazMat/Documents/Forms/AllItems.aspx?RootFolder=%2fems%2dhs%2dhazmat%2fdoc
uments%2fhsgp%2f12&FolderCTID=Ox0120006A354236AB42C94392941414E26E15D2
Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana
Grant Office.
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM
("CITY") and is overseen by the California Emergency Management Agency ("Cal-
EMA"); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of 34 cities
in Orange County, including the City of Anaheim and the City of Santa Ana, the County
of Orange, including the unincorporated area of the County of Orange, Santa Ana
Unified School District Police, California State University, Fullerton, University of
California, Irvine, Municipal Water District of Orange County, and the Orange County
Fire Authority; and
WHEREAS, the Office of Grants Management ("OGM") awarded a FY12 UASI
Grant of $3,697,738 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Anaheim Police Department, Emergency Management Bureau ("UASI Grant Office")
to provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY12 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to
CITY OF HUNTINGTON BEACH ("SUB -RECIPIENT") and others;
WHEREAS, the CITY and SUB -RECIPIENT are desirous of executing this
Agreement as authorized by the City Council and the City Manager which authorizes
the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
2
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 8201 East Santa
Ana Canyon Road, Anaheim, CA 92808; and
B. CITY OF HUNTINGTON BEACH, a municipal corporation, 2000 Main Street,
Huntington Beach, CA 92648
§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:
Dave Vangsness, Lieutenant
Anaheim Police Department
Emergency Management Bureau
425 South Harbor Boulevard
Anaheim, CA. 92805
Phone: (714) 765-3879
Fax: (714) 765-3805
dvangsness@anaheim.net
2. The representative of CITY OF HUNTINGTON BEACH shall be:
Mark Daggett, Battalion Chief
CITY OF HUNTINGTON BEACH
2000 Main Street, Huntington Beach, CA 92648
Phone: (714) 375-5008
E-mail: mdaggett@surfcity-hb.org
3
B. Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change.
§103. Independent Party
SUB -RECIPIENT is acting hereunder as an independent party, and not as an
agent or employee of the CITY OF ANAHEIM. No employee of SUB -RECIPIENT
is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement,
and SUB -RECIPIENT shall so inform each employee organization and each
employee who is hired or retained under this Agreement. SUB -RECIPIENT shall
not represent or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the CITY OF ANAHEIM.
§104. Conditions Precedent to Execution of This Agreement
SUB -RECIPIENT shall provide copies of the following documents to the CITY OF
ANAHEIM, unless otherwise exempted.
A. Grant Assurances in accordance with section 415C of this Agreement attached
hereto as Exhibit C and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required
by Executive Order 12549 in accordance with Section 415Al2 of this
Agreement and attached hereto as Exhibit A and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit B and made a part
hereof. SUB -RECIPIENT shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or
which materially affects the accuracy of the information contained in any
Disclosure Form previously filed by SUB -RECIPIENT.
4
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on January 9, 2013 and end on
March 31, 2014 or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB -RECIPIENT, equipment or services
purchased with grant funds and in accordance with grant guidelines set
forth above; or, b) reimburse SUB -RECIPIENT for purchase of authorized
equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines
and in full compliance with all of the SUB -RECIPIENT'S purchasing and
bidding procedures. SUB -RECIPIENT shall specify the equipment,
services, exercises and training to be purchased using the Application for
Project Funding. A paper copy of this document will be provided to SUB -
RECIPIENT by CITY. In addition, a compact disc with a copy of the
document will be provided to SUB -RECIPIENT by CITY. If additional
copies of the document are needed, SUB -RECIPIENT may contact the
Anaheim Grant Coordinator and it will be provided.
B. SUB -RECIPIENT shall provide any reports requested by the CITY regarding
the performance of the Agreement. Reports shall be in the form requested by
the CITY, and shall be provided in a timely manner.
B. The Authorized Equipment List (AEL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
https://www.rkb.us, and incorporated to this Agreement by reference. A
copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office.
Unless otherwise stated in program guidance any equipment acquired
pursuant to this Agreement shall meet all mandatory regulations and/or
DHS-adopted standards to be eligible for purchase using grant funds. SUB -
RECIPIENT shall provide the CITY a copy of its most current procurement
guidelines and follow its own procurement requirements as long as they
meet the minimum federal requirements. Federal procurement requirements
for the FY 12 UASI Grant can be found at 2 Code of Federal Regulations
(CFR) Part 225 "Cost Principles for State, Local, and Indian Tribal
Governments" and 44 CFR Part 13 "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments."
5
Any equipment acquired or obtained with Grant Funds:
1. Shall be made available under the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with
representatives of the various fire, emergency medical, hazardous
materials response services, and law enforcement agencies within
the jurisdiction of the applicant;
2. Shall be consistent with needs as identified in the National Priorities
and Core Capabilities, the State Homeland Security Strategy and the
Anaheim/Santa Ana Urban Area and Orange County Operational
Area Homeland Security Grants Strategy; and deployed in
conformance with those plans;
3. Shall be made available pursuant to applicable terms of the
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 44 CFR Part 13.32 and
13.33 For the purposes of this subsection, "Equipment" is defined as
nonexpendable property that is not consumed or does not lose its
identity by being incorporated into another item of equipment, which
costs $5,000 or more per unit, or is expected to have a useful life of
one (1) year or more. Items costing less than $5,000, but falling into
the following categories are also considered Equipment:
(1)electronics communications equipment for stationary or vehicular
use, including cellular telephones acquired by lease or purchase, and
(2) electronic office equipment, including facsimile machines,
copiers, electric typewriters, personal computers (monitors and
CPU's), terminals and printers;
5. Shall be used by SUB -RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal 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. This record must be updated bi-
annually and forwarded to the City. The record shall include: (a)
description of the item of Equipment, (b) manufacturer's model and
serial number, (c) Federal Stock number, national stock number, or
other identification number; (d) the source of acquisition of the
Equipment, including the award number, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) records showing
maintenance procedures to keep the Equipment in good running
order, and (h) location and condition of Equipment. Records must be
retained pursuant to 44 C.F.R. Part 13.42, and Office of G&T.
8. All equipment obtained under this Agreement shall have an ASAUA
identification decal affixed to it, and, when practical, shall be affixed
where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every year.
Inventory shall also be taken 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.
D. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2012 Homeland Security Grant Program, as set forth above.
All training expenses must be pre -authorized by Cal-EMA at
http://www.firstrespondertraining.gov/admin. A catalogue of Grantor
approved and sponsored training courses is available at
hftp://www.firstrespondertraining.gov/odp__Webforms.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2012 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at http://hseep.dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines
as listed in FY 2012 Homeland Security Grant Program, as set forth above.
G. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY 2012 Homeland 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 the SUB -RECIPIENT'S purchasing and bidding
procedures. SUB -RECIPIENT shall specify the equipment, exercises, services
or training to be purchased using the Application for Project Funding. A paper
copy of this document will be provided to SUB -RECIPIENT by CITY. In
addition, a compact disc with a copy of the document will be provided to SUB -
RECIPIENT by CITY. If additional copies of the document are needed, SUB -
RECIPIENT may contact the Anaheim Grant Coordinator and it will be
provided. Funds may be used for planning, exercises, organizational and
training activities, and the purchase of equipment as described in Section 202
above.
B. SUB -RECIPIENT shall provide quarterly invoices to the CITY requesting
payment and all supporting documentation. Each reimbursement request shall
be accompanied by the Reimbursement Request for Grant Expenditures
(attached hereto as Exhibit D) detailing the expenditures made by SUB -
RECIPIENT as authorized by Section 202 above. Each reimbursement request
shall be submitted electronically at https://38.184.198/. For equipment for which
SUB -RECIPIENT is requesting reimbursement, all appropriate back-up
documentation must be attached to the reimbursement form, including
invoices, proof of payment, packing slips, and Equipment Reimbursement
Worksheet. For training reimbursements, SUB -RECIPIENT must include a
copy of any certificates issued or a copy of the class roster verifying training
attendees, proof that a CaIEMA tracking number has been assigned to the
course, timesheets and payroll registers for all training attendees, receipts for
travel expenses related to the training, and Training Reimbursement
Worksheet. For regional project reimbursements, SUB -RECIPIENT must
include approval from the lead agency for all submitted invoices.
C. Payment of final invoice shall be withheld by the CITY until the SUB -
RECIPIENT has 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.
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
Ir
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
SUB -RECIPIENT may not, unless it has first obtained the written permission of
the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
SUB -RECIPIENT and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for SUB -RECIPIENT performance
hereunder and shall pay any fees required therefore. SUB -RECIPIENT further
certifies to immediately notify the CITY of any suspension, termination, lapses,
non renewals or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
SUB -RECIPIENT shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, the
State of California, and the CITY. In performing this Agreement, SUB -
RECIPIENT shall not discriminate in its employment practices against any
employee or applicant for employment because of such person's race,
religion, national origin, ancestry, sex, sexual orientation, age, physical
handicap, mental disability, marital status, domestic partner status or medical
condition. SUB -RECIPIENT shall comply with Executive Order 11246,
entitled "Equal Employment Opportunity," as amended by Executive Order
11375, and as supplemented in Department of Labor regulations (41 CRF
Part 60).
10
If required, SUB -RECIPIENT shall submit an Equal Employment Opportunity
Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with
guidelines listed at http://www.ojp.usdoj.gov/ocr/eeop.htm,
Any subcontract entered into by the SUB-RICIPIENT relating to this Agreement,
to the extent allowed hereunder, shall be subject to the provisions of this § 408.
§409. 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.
§410. 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,
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.
§411. Conflict of Interest
A. SUB -RECIPIENT covenants 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.
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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.
C. The 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. The SUB -RECIPIENT shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and the Contractor.
E. Prior to obtaining the CITY'S approval of any subcontract, the SUB -
RECIPIENT shall disclose to the CITY any relationship, financial or
otherwise, direct or indirect, of the SUB -RECIPIENT or any of its officers,
directors or employees or their immediate family with the proposed
subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws
of the SUB -RECIPIENT, State of California, and Federal regulations
regarding conflict of interest.
G. The SUB -RECIPIENT warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining this
Agreement.
H. The SUB -RECIPIENT covenants that no member, officer or employee of
SUB -RECIPIENT shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in connection
with this project during his/her tenure as such employee, member or officer or
for one year thereafter.
I. The SUB -RECIPIENT shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this project
and shall substitute the term "subcontractor" for the term "SUB -RECIPIENT"
and "sub subcontractor' for "Subcontractor'.
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§412. 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.).
§413. Statutes and Requlations Applicable To All Grant Contracts
A. SUB -RECIPIENT shall comply with all applicable requirements of state, federal,
county and SUB -RECIPIENT laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements 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:
1. Office of Management and Budget (OMB) Circulars
SUB -RECIPIENT shall comply with OMB Circulars, as applicable:
OMB Circular A-87 (Cost Principles for State, Local, and Indian
Tribal Governments, relocated to 2 CFR Part 225); OMB Circular A-
102 (Grants and Cooperative Agreements with State and Local
Governments, found in 44 CFR Part 13 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Governments"); OMB Circular A-133 (Audits of States, Local
Governments, and Non -Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
SUB -RECIPIENT shall adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec. 7501 et seq.; and any
administrative regulation or field memos implementing the Act.
When reporting under on the FY12 UASI Grant Program under
the Single Audit Act, SUB -RECIPIENT shall use Catalog of
Federal Domestic Assistance (CFDA) Program Number 97.067
"Homeland Security Grant Program"; Grant Identification
Number 2012-00123; and Identify the City of Anaheim as the
Pass -Through.
3. Americans with Disabilities Act
SUB -RECIPIENT hereby certifies that it will comply with the
Americans with Disabilities Act, 42 USC §§ 12101, et seq., and its
implementing regulations. SUB -RECIPIENT will provide reasonable
accommodations to allow qualified individuals with disabilities to
have access to and to participate in its programs, services and
activities in accordance with the provisions of the Americans with
13
Disabilities Act. SUB -RECIPIENT will not discriminate against
persons with disabilities or against persons due to their relationship
to or association with a person with a disability. Any subcontract
entered into by the SUB -RECIPIENT, relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of
this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be
used for any purpose designed to support or defeat any pending
legislation or administrative regulation. None of the funds provided
pursuant to this Agreement shall be used for any sectarian purpose or
to support or benefit any sectarian activity.
If this Agreement provides for more than $100,000 in grant funds or
more than $150,000 in loan funds, SUB -RECIPIENT shall submit to
the CITY a Certification Regarding Lobbying and a Disclosure Form,
if required, in accordance with 31 USC §1352. A copy of the
Certificate is attached hereto as Exhibit B. No funds will be released
to SUB -RECIPIENT until the Certification is filed.
SUB -RECIPIENT shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure
or which materially affects the accuracy of any of the information
contained in any Disclosure Form previously filed by SUB -
RECIPIENT. SUB -RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub -awards
at all tiers and that all subcontractors shall certify and disclose
accordingly.
5. Records Inspection
At any time during normal business hours and as often as the CITY,
the U.S. Comptroller General, and/or the Auditor General of the
State of California may deem necessary, SUB -RECIPIENT shall
make available for examination all of its records with respect to all
matters covered by this Agreement. The CITY, the U.S. Comptroller
General and/or the Auditor General of the State of California shall
have the authority to audit, examine and make excerpts or
transcripts from records, including SUB -RECIPIENT'S invoices,
materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement.
SUB -RECIPIENT agrees to provide any reports requested by the
CITY regarding performance of the Agreement.
14
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements 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 termination of this Agreement and after final
disposition of all pending matters. "Pending matters" include, but are
not limited to, an audit, litigation or other actions involving records.
The CITY may, at its discretion, take possession of, retain -and audit
said records. Records, in their original form pertaining to matters
covered by this Agreement, shall at all times be retained within the
County of Orange unless authorization to remove them is granted in
writing by the CITY.
7. Subcontracts and Procurement
SUB -RECIPIENT shall comply with the federal and SUB -
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
SUB -RECIPIENT shall ensure that the terms of this Agreement with
the CITY are incorporated into all Subcontractor Agreements. The
SUB -RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the release of any funds to the
subcontractor. The SUB -RECIPIENT shall withhold funds to any
subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective Subcontractor
Agreement.
8. Labor
SUB -RECIPIENT shall comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to
prescribed requirements for merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A
of OPM's Standards for a Merit System Personnel Administration
(5 C.F.R. 900, Subpart F).
SUB -RECIPIENT shall comply, as applicable, with the provisions of
the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§327-333), regarding labor
standards for federally -assisted construction sub -agreements, and the
Hatch Act (5 USC §§1501-1508 and 7324-7328).
SUB -RECIPIENT shall comply with the Federal Fair Labor Standards
15
Act (29 USC §201) regarding wages and hours of employment. None
of the funds shall be used to promote or deter Union/labor organizing
activities. CA Gov't Code Sec. 16645, et seq.
9. Civil Rights
SUB -RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX
of the Education Amendments of 1972, as amended (20 U.S.C.
§§1681- 1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) The Age Discrimination act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation act of 1970
(P.L. 91-616) as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§3601, et seq.), as amended, relating to non-discrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for
Federal assistance is being made; 6) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and
(k) P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this
award of assistance.
10. Environmental
SUB -RECIPIENT shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced
or whose property is acquired as a result of Federal or federally -
assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal
participation in purchases.
SUB -RECIPIENT shall comply with environmental standards which
may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to
16
EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§1451, et seq.); (f)
conformity of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401, et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); (h) protection of
endangered species under the Endangered Species Act of 1973,
as amended (P.L. 93205); and (i) Flood Disaster Protection Act of
1973 §102(a) (P.L. 93-234).
SUB -RECIPIENT shall comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271, et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
SUB -RECIPIENT shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801, et seq.) which prohibits the use of
lead- based paint in construction or rehabilitation of residence
structures.
SUB -RECIPIENT shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251, et seq.) which restores and maintains
the chemical, physical and biological integrity of the Nation's waters.
SUB -RECIPIENT shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment of
this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal
Grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by
the EPA.
By signing this Agreement, SUB -RECIPIENT ensures that it is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21000, et seq. and is not impacting the
environment negatively.
SUB -RECIPIENT shall comply with the Energy Policy and
Conservation Act (P.L. 94-163, 89 Stat. 871).
SUB -RECIPIENT shall comply, if applicable, with the provision of the
Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982
(16 USC 3501, et. seq.), which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources
System.
17
11. Preservation
SUB -RECIPIENT shall comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1, et seq.).
12. Suspension and Debarment
SUB -RECIPIENT shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and SUB -
RECIPIENT shall submit a Certification Regarding Debarment required
by Executive Order 12549 and any amendment thereto. Said
Certification shall be submitted to the CITY concurrent with the
execution of this Agreement and shall certify that neither SUB -
RECIPIENT nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department head
or agency. SUB -RECIPIENT shall require that the language of this
Certification be included in the award documents for all sub -award at
all tiers and that all subcontractors shall certify accordingly.
13. Drug -Free Workplace
SUB -RECIPIENT shall comply with the federal Drug -Free
Workplace Act of 1988, 41 USC §701, 44 CFR Part 67; the
California Drug -Free Workplace Act of 1990, CA Gov't Code §§
8350-8357.
14. Miscellaneous
SUB -RECIPIENT shall comply with the Laboratory Animal Welfare Act
of 1966, as amended (P.L. 89-544, 7 USC §§2131, et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
SUB -RECIPIENT shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements 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 44 Code of Federal Regulations (CFR) Part 13; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office
of the Comptroller, U.S. Department of Homeland Security,
Preparedness Directorate Financial Management Guide; U.S.
Department of Homeland Security, Office of Grants and Training, FY
2009 Homeland Security Grant Program — Program Guidance and
Application Kit; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
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).
Nondiscrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the
Juvenile Justice and Delinquency Prevention Act, or the Victims of
Crime Act, as appropriate; the provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1, and all other applicable federal laws, orders,
circulars, or regulations.
2. Travel Expenses
SUB -RECIPIENT as provided herein may be compensated for SUB -
RECIPIENT'S reasonable travel expenses incurred in the
performance of this Agreement, to include travel and per diem,
unless otherwise expressed. Travel including in -State and out -of -
State travel shall not be reimbursed without prior written
authorization from the UASI Grant Office.
SUB -RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on the SUB -RECIPIENT'S travel policies
and procedures. If SUB -RECIPIENT does not have established
travel policies and procedures, SUB -RECIPIENT'S reimbursement
rates shall not exceed the amounts established by the State
WE
Department of Personnel Administration Rules and Regulations,
PML 97-024, Section 599.619, dated July 1, 1997 and Section
599.631, and as amended from time to time.
3. Noncompliance
SUB -RECIPIENT understands that failure to comply with any of the
above assurances may result in suspension, termination or reduction
of grant funds, and repayment by SUB -RECIPIENT to CITY of any
unlawful expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the CITY to sign certain promises regarding the way the Grant Funds would
be spent ("Grant Assurances"), attached hereto as Exhibit C. By signing these
Grant Assurances, the CITY became liable to the Grantor for any funds that
are used in violation of the grant requirements. SUB -RECIPIENT shall be
liable to the Grantor for any funds the Grantor determines SUB -RECIPIENT
used in violation of these Grant Assurances. SUB -RECIPIENT shall indemnify
and hold harmless the CITY for any sums the Grantor determines SUB -
RECIPIENT used in violation of the Grant Assurances.
§414. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB -RECIPIENT as
an independent party and not as a CITY employee.
§415. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation,
processes and business methods made in the course of work under this
Agreement, the SUB -RECIPIENT shall report the fact and disclose the
Invention promptly and fully to the CITY. The CITY shall report the fact and
disclose the Invention to the Grantor. Unless there is a prior agreement
between the CITY and the Grantor, the Grantor shall determine whether to
seek protection on the Invention. The Grantor shall determine how the rights in
the Invention, including rights under any patent issued thereon, will be
allocated and administered in order to protect the public interest consistent
with the policy ("Policy") embodied in the Federal Acquisition Regulations
System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq.
(Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum
on 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 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB -RECIPIENT
20
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable,
royalty- free license, to use, manufacture, improve upon, and allow others to
do so for all government purposes, any Invention developed under this
Agreement.
C. Copyright Policy
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 24 CFR 85.34.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited rights"
means the right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform and display publicly, or permit
others to do so; as required by 48 CFR 27.401. Where the data are not first
produced under this Agreement or are published copyrighted data with the
notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a
copyright license as set forth in 48 CFR 27.404(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.
21
§416. Minority, Women, And Other Business Enterprise Outreach Program
It is the policy of the CITY to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all SUB -RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub -Contractors.
MN
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 Directives, or any rules,
amendments or requirements promulgated by the CITY affecting this
Agreement.
23
VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes twenty-five (25) pages and
three (3) Exhibits which constitute the entire understanding and agreement of the
parties.
24
IN WITNESS WHEREOF, the City and CITY OF HUNTINGTON BEACH have caused
this Agreement to be executed by their duly authorized representatives on the date first
set forth above.
ATTEST:
By:
Linda N. Andal
Clerk of the Council
RECOMMENDED FOR APPROVAL:
By:
Joh Welter
Chief of Police
APPROVED AS TO FORM:
-ei,4A Q,6/L
By:
K n Pelletier
Sr. Assistant City Attorney
CITY OF ANAHEIM, a municipal Corporation
of the State of California
By:
Bob Wingenroth
City Manager
SUB -RECIPIENT
CITY OF HUNTINGTON BEACH
_ By: A
v
Printed Name Patrick McIntosh
Title
Fire Chief
APPROVED AS TO FORM
By:
Printed Name
Title
APPROVED AS TO FORM
JENNIFER WGRATH, QtYAttomey
Deputy CHY Aft COW2�t�1 I
25
EXHIBIT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they 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 she shall
attach an explanation to this pplication.
Address: 2000 Main Street
Authorized Agent SignatuiV
Patrick McIntosh
Printed or Typed Name
Fire Chief
Title
Huntington Beach, CA 92648
26
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.
27
EXHIBIT B
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.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
Patrick McIntosh, Fire Chief
NAME -AND TITLE OF IZED REPRESENTATIVE
SIGNATURE v v DATE
EXHIBIT C
Name of Applicant:
California Emergency Management Agency (Cal EMA)
FY 2012 Grant Assurances
(All HSGP Applicants)
Patrick McIntosh
Address: 2000 Main Street
City: Huntington Beach State: CA Zip Code: 92648
Telephone Number: 714-536-5401 Fax Number: 714-374-1551
E-Mail Address: patrick.mcintosh@surf city-hb.org
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Will assure that grant funds will support efforts related to providing an integrated
mechanism to enhance the coordination of national priority efforts to prevent, respond to,
and recover from terrorist attacks, major disasters and other emergencies.
2. Has the legal authority to apply for Federal assistance and has the institutional, managerial
and financial capability to ensure proper planning, management and completion of the
grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA) and sub -granted through the State of California, California
Emergency Management Agency (Cal EMA).
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will
not be transferred between grant programs (for example: State Homeland Security
Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan
Medical Response System) or fiscal years.
4. Will comply with any cost sharing commitments included in the FY2012 Investment
Justifications submitted to DHS/FEMA/Cal EMA, where applicable.
Will give the Federal government, the General Accounting Office, the Comptroller General
of the United States, the State of California, the Office of Inspector General, through any
authorized representative, access to, and the right to examine, all paper or electronic
records, books, or documents related to the award; and will establish a proper accounting
system in accordance with generally accepted accounting standards and/or awarding
agency directives.
6. Agrees that funds utilized to establish or enhance State and Local fusion centers must
support the development of a statewide fusion process that corresponds with the Global
Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow
the Federal and State approved privacy policies, and achieve (at a minimum) baseline level
of capability as defined by the Fusion Capability Planning Tool.
Will provide progress reports, and other such information as may be required by the
awarding agency, including the Initial Strategy Implementation Plan (IS1P) within 45
(forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each
year.
8. Will initiate and complete the work within the applicable time frame after receipt of
approval from Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and
the disbursement of funds.
29
10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, including the payment of interest earned on advances.
11. Will comply with all provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR),
Contracts with Commercial Organizations.
12. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes, or presents the appearance of, personal or organizational conflict of
interest, or personal gain for themselves or others, particularly those with whom they have
family, business, or other ties.
13. Understands and agrees that Federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation, or policy, at
any level of government, without the express prior written approval from DHS/FEMA/Cal
EMA.
14. Agrees that, to the extent contractors or subcontractors are utilized, will use small,
minority -owned, women -owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
15. Will notify Cal EMA of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
§ § 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation
of structures.
17. Will comply with all Federal and State Statues relating to Civil Rights and
Nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which
prohibits discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683 and 1685-1686), which prohibits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107),
which prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism.
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific
statute(s) under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the
grounds or race, color, religion, national origin, gender, or disability against a
30
recipient of funds, the recipient will forward a copy of the finding to the Office of
Civil Rights, Office of Justice Programs.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the
Department of Justice Office of Civil Rights within 60 days of grant award.
in. Will comply, and assure the compliance of all its subgrantees and contractors, with
the nondiscrimination requirements and all other provisions of the current edition
of the Office of Justice Programs Financial and Administrative Guide for Grants,
M7100.1.
18. Will comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.
[P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or Federally assisted programs. These
requirements apply to all interested in real property acquired for project purposes
regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part
25, Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -assisted programs.
19. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients
in a special flood hazard area to participate in the program and to purchase flood insurance
if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000)
or more.
20. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP
requirements and obtain applicable permits may jeopardize Federal funding. Will comply
with all conditions placed on any project as the result of the EHP review; any change to the
scope of work of a project will require reevaluation of compliance with these EHP
requirements.
21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10,
Environmental Considerations.
22. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to,
ground disturbance, construction, modification to any structure, physical security
enhancements, communications towers, any structure over 50 years old, and purchase
and/or use of any sonar equipment. The subgrantee must comply with all conditions and
restrictions placed on the project as a result of the EHP review. Any construction- related
activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal
EMA funding. Any change to the scope of work will require re-evaluation of compliance
with the EHP. If ground -disturbing activities occur during the project implementation, the
subgrantee must ensure monitoring of the disturbance. If any potential archeological
resources are discovered, the subgrantee will immediately cease activity in that area and
notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office.
23. Any construction activities that have been initiated prior to the full environmental and
historic preservation review could result in non-compliance finding. grantees must
complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-
01) and submit it, with all supporting documentation, to the GPD EHP team at
GPDEHPinfo@fema.dhs.gov for review.
31
24. Grantees should submit the FEMA EHP Screening Form for each project as soon as
possible upon receiving their grant award. The Screening From for these types of projects
is available at:
www. fema.gov/doc/government/grant/bulletins/info329_final_screening_memo.doc
25. Will ensure that the facilities under its ownership, lease or supervision, which shall be
utilized in the accomplishment of this project, are not on the Environmental Protection
Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal
Grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating if a facility to be used in the project is under consideration
for listing by the EPA.
26. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance
with applicable laws, including the following:
a. Institution of environmental quality control measures under the Archaeological and
Historic Preservation Act, Endangered Species Act, and Executive Orders on
Floodplains (11988), and Environmental Justice (EO12898) and Environmental
Quality (EO11514).
b. Notification of violating facilities pursuant to EO 11738.
c. 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.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93-523).
f. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to
protecting components or potential components of the national wild and scenic
rivers system.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
27. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division
1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
28. Agrees that all publications created or published with funding under this grant shall
prominently contain the following statement: "This document was prepared under a grant
from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points
of view or opinions expressed in this document are those of the authors and do not
necessarily represent the official position or policies of FEMA's Grant Programs
Directorate or the U.S. Department of Homeland Security." The recipient also agrees that,
when practicable, any equipment purchased with grant funding shall be prominently
marked as follows: "Purchased with funds provided by the U.S. Department of Homeland
Security."
29. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: a) the copyright in any work developed under an award or sub -
award; and b) any rights of copyright to which a recipient or sub -recipient purchases
ownership with Federal support.
32
30. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any
patent rights that arise from, or are purchased with, this funding and has requested through
the State of California, Federal financial assistance to be used to perform eligible work
approved in the submitted application for Federal assistance and after the receipt of Federal
financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Property/equipment purchased under the HSGP reverts to Cal EMA if the grant
funds are deobligated/disallowed and/or not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid
following deobligation/disallowment of costs or Cal EMA reserves the right to
place a lien on the property for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per Federal Fiscal Year.
31. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of
the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
32. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
33. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544,
as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
34. Will comply with the minimum wage and maximum hour provisions of the Federal Fair
Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
education, hospitals, and other non-profit organizations.
35. Agrees that "Classified national security information," as defined in Executive Order (EO)
12958, as amended, means information that has been determined pursuant to EO 12958 or
any predecessor order to require protection against unauthorized disclosure and is marked
to indicate its classified status when in documentary form.. No funding under this award
shall be used to support a contract, subaward, or other agreement for goods or services that
will include access to classified national security information if the award recipient has not
been approved for and has access to such information.
36. Agrees that where an award recipient has been approved for and has access to classified
national security information, no funding under this award shall be used to support a
contract, subaward, or other agreement for goods or services that will include access to
classified national security information by the contractor, subawardee, or other entity
without prior written approval from the DHS Office of Security, Industrial Security
Program Branch (ISPB), or, an appropriate official within the Federal department or
agency with whom the classified effort will be performed. Such contracts, subawards, or
other agreements shall be processed and administered in accordance with the DHS
"Standard Operating Procedures, Classified Contracting by States and Local Entities,"
dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security
33
Program Operating Manual (NISPOM); and/or other applicable implementing directives or
instructions. All security requirement documents are located at:
http://www.dhs.gov/xopnbiz/grants/index.shtm
37. Immediately upon determination by the award recipient that funding under this award will
be used to support such a contract, subaward, or other agreement, and prior to execution of
any actions to facilitate the acquisition of such a contract, subaward, or other agreement,
the award recipient shall contact ISPB, or the applicable Federal department or agency, for
approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
38. Agrees with the requirements regarding Data Universal Numbering System (DUNS)
Numbers, meaning if recipients are authorized to make subawards under this award, they
must notify potential subrecipients that no entity (see definition in paragraph C of this
award term) may receive or make a subaward to any entity unless the entity has provided
its DUNS number. For purposes of this award term, the following definitions will apply:
a. "Data Universal Numbering System (DUNS)" number means the nine digit
number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely
identify business entities. A DUNS number may be obtained from D&B by
telephone (currently 866-705-5711) or the Internet, currently at
http://fedgov.dnb.com/webfon-n
b. "Entity", as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C, as a Governmental organization, which is a State, local
government, or Indian Tribe; or a foreign public entity; or a domestic or foreign
nonprofit organization; or a domestic or foreign for -profit organization; or a
Federal agency, but only as a sub recipient under an award or subaward to a non -
Federal entity.
c. "Subaward" means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient. It does not
include your procurement of property and services needed to carry out the project
or program (for further explanation, see Sec. 210 of the attachment to OMB
Circular A-133, "Audits of States, Local Governments, and Non -Profit
Organizations") and may be provided through any legal agreement, including an
agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this
award; and is accountable to you for the use of the Federal funds provided by the
subaward.
39. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874),
and the Contract -Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333),
regarding labor standards for Federally -assisted construction sub -agreements.
40. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
34
Congress, or an employee of a Member of Congress in connection with the making
of any Federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal grant
or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or an employee of Congress, or
employee of a Member of Congress in connection with the Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers including subgrants, contracts
under grants and cooperative agreements, and subcontract(s) and that all sub
recipients shall certify and disclose accordingly. 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.
a.
b.
41. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non -Federal funds.
42. Agrees that equipment acquired or obtained with grant funds:
c. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with representatives
of the various fire, emergency medical, hazardous materials response services, and
law enforcement agencies within the jurisdiction of the applicant, and deployed
with personnel trained in the use of such equipment ina manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
Rescue Mutual Aid Plan.
d. Is consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
43. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars Al02 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
44. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for
State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost
Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for
Non -Profit Organizations (OMB Circular A-122).
45. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
46. Agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information
required for the assessment or evaluation of any activities within this agreement.
35
47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost
Principles and Procedures, Contracts with Commercial Organizations.
48. Will comply with the financial and administrative requirements set forth in the current
edition of the DHS Financial Management Guide.
49. Agrees that all allocations and use of funds under this grant will be in accordance with the
FY 2012 Homeland Security Grant Program Funding Opportunity Announcement, and the
California Supplement to the FY 2012 Homeland Security Grant Program Funding
Opportunity Announcement. All allocations and use of funds under this grant will be in
accordance with the Allocations, and use of grant funding must support the goals and
objectives included in the State and/or Urban Area Homeland Security Strategies as well as
the investments identified in the Investment Justifications which were submitted as part of
the California FY2012 Homeland Security Grant Program application. Further, use of
FYI funds is limited to those investments included in the California FYI Investment
Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review
process.
50. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in
Federal assistance programs under Executive Order 12549 and 12689, "Debarment and
Suspension". As required by Executive Order 12549, Debarment and Suspension, and
implemented at 44 CFR Part 17, for prospective participants in primary covered
transactions, the applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
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
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within a
three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
d. where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
51. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
52. Will comply with the administrative requirements that apply to most DHS award recipients
through a grant or cooperative agreement arise from two sources: - Office of Management
and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (also known as the "A-102
Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations
(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments." - OMB Circular A-110, Uniform
36
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215.
The requirements for allowable costs/cost principles are contained in the A-102 Common
Rule, OMB Circular A-110 (2 CFR § 215.27), DHS program legislation, Federal awarding
agency regulations, and the terms and conditions of the award. The four costs principles
circulars are as follows: - OMB Circular A-21, Cost Principles for Educational Institutions,
relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost
Principles for Non -Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A-
133, Audits of States, Local Governments and Non -Profit Organizations.
53. Will acknowledge, agree, and require any subrecipients, contractors, successors,
transferees, and assignees acknowledge and agree -to comply with applicable provisions
governing DHS access to records, accounts, documents, information, facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation
conducted by DHS and/or Cal EMA.
b. Recipients must give DHS/Cal EMA access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS/Cal EMA regulations and
other applicable laws or program guidance.
c. Recipients must submit timely, complete, and accurate reports to the appropriate
DHS/Cal EMA officials and maintain appropriate backup documentation to
support the reports.
d. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
e. If, during the past three years, the recipient has been accused of discrimination on
the grounds of race, color, national origin (including limited English proficiency),
sex, age, disability, religion, or familial status, the recipient must provide a list of
all such proceedings, pending or completed, including outcome and copies of
settlement agreements to the DHS/Cal EMA awarding office and the DHS Office
of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of discrimination
on grounds of race, color, national origin (including limited English proficiency),
sex, age, disability, religion, or familial status against the recipient, or the recipient
settles a case or matter alleging such discrimination, recipients must forward a
copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
54. Agrees that none of the funds provided under an award may be expended by the recipient
to pay any person to influence, or attempt to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any Federal action concerning the award or
renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying
prohibitions can be found at 31 U.S.C. § 1352.
55. Will comply with requirements to acknowledge Federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with Federal funds.
56. Will comply with requirements that publications or other exercise of copyright for any
work first produced under Federal financial assistance awards hereto related unless the
work includes any information that is otherwise controlled by the Government (e.g.,
classified information or other information subject to national security or export control
37
laws or regulations). For any scientific, technical, or other copyright work based on or
containing data first produced under this award, including those works published in
academic, technical or professional journals, symposia proceedings, or similar works, the
recipient grants the Government a royalty -free, nonexclusive and irrevocable license to
reproduce, display, distribute copies, perform, disseminate, or prepare derivative works,
and to authorize others to do so, for Government purposes in all such copyrighted works.
The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first
produced under an award.
57. Will obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of
flags or likenesses of DHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
58. Will comply with the requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel
supported by U.S. Government funds requirement, which states preference for the use of
U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B138942.
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. §
701 et seq.), which requires that all organizations receiving grants from any Federal agency
agree to maintain a drug -free workplace. The recipient must notify the awarding office if
an employee of the recipient is convicted of violating a criminal drug statute. Failure to
comply with these requirements may be cause for debarment. These regulations are
codified at 2 CFR 3001.
61. Will comply with the requirements of the government -wide award term which implements
Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB
Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.In
accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a
condition that authorizes the agency to terminate the award, without penalty, if the
recipient or a subrecipient engages in severe forms of trafficking in persons during the
period of time that the award is in effect, procures a commercial sex act during the period
of time that the award is in effect; or uses forced labor in the performance of the award or
subawards under the award. Full text of the award term is provided at 2 CFR § 175.15.
62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.), which provides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
63. Will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients
from discriminating in the sale, rental, financing, and advertising of dwellings, or in the
provision of services in connection therewith, on the basis of race, color, national origin,
religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.), as implemented by
the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition
t:
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 CFR §
100.201).
64. Will comply with the requirements of Titles I, II, and III of the Americans with Disabilities
Act, which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213).
65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. §
6101 et seq.), which prohibits discrimination on the basis of age in any program or activity
receiving Federal financial assistance.
66. Will comply with the requirements of Title IX of the Education Amendments of 1972 (20
U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal financial
assistance. These regulations are codified at 44 CFR Part 19.
67. Will comply with the requirements of Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin and resulting agency guidance, national origin discrimination includes
discrimination on the basis of limited English proficiency (LEP). To ensure compliance
with Title VI, recipients must take reasonable steps to ensure that LEP persons have
meaningful access to your programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. Recipients are
encouraged to consider the need for language services for LEP persons served or
encountered both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations, go to http://www.lep.gov.
68. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738,
which provides for the protection and enhancement of the quality of the nation's air
resources to promote public health and welfare and for restoring and maintaining the
chemical, physical, and biological integrity of the nation's waters is considered research for
other purposes.
69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the
requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior
to implementing any work with human subjects. The regulations specify additional
protections for research involving human fetuses, pregnant women, and neonates (Subpart
B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is
governed by applicable State and local law and is not directly regulated by 45 CFR Part 46.
70. Will comply with the requirements of the National Environmental Policy Act (NEPA), as
amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures
to protect and enhance the environment, including protection against natural disasters. To
comply with NEPA for its grant -supported activities, DHS requires the environmental
aspects of construction grants (and certain non -construction projects as specified by the
Component and awarding office) to be reviewed and evaluated before final action on the
application.
39
71. Will comply with the requirements of Section 1306(c) of the National Flood Insurance Act,
as amended, which provides for benefit payments under the Standard Flood Insurance
Policy for demolition or relocation of a structure insured under the Act that is located along
the shore of a lake or other body of water and that is certified by an appropriate State or
-local land use authority to be subject to imminent collapse or subsidence as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 63.
72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to
acquire, modernize, or construct property may be provided in identified flood -prone
communities in the United States, unless the community participates in the National Flood
Insurance Program and flood insurance is purchased within one year of the identification.
The flood insurance purchase requirement applies to both public and private applicants for
DHS support. Lists of flood -prone areas that are eligible for flood insurance are published
in the Federal Register by FEMA.
73. Will comply with the requirements of Executive Order 11990, which provides that
federally funded construction and improvements minimize the destruction, loss, or
degradation of wetlands. The Executive Order provides that, in furtherance of Section
101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by
law, must avoid undertaking or assisting with new construction located in wetlands unless
the head of the agency finds that there is no practicable alternative to such construction,
and that the proposed action includes all practicable measures to minimize harm to
wetlands that may result from such use. In making this finding, the head of the agency may
take into account economic, environmental, and other pertinent factors. The public
disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction in wetlands. This is codified at 44 CFR Part 9.
74. Will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT
Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal
penalties for possession of any biological agent, toxin, or delivery system of a type or in a
quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or
other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or
receive any biological agent or toxin that is listed as a select agent.
75. Understands the reporting of subawards and executive compensation rules, including first
tier subawards to Cal EMA.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in
the following paragraphs to Cal EMA. For subaward information, report no later
than the end of the month following the month in which the obligation was made.
(For example, if the obligation was made on November 7, 2011, the obligation
must be reported by no later than December 31, 2011.)
c. What to report: You must report the information about each obligating action that
the submission instructions posted in Information Bulletin 350, to Cal EMA. To
determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient
executive total compensation to Cal EMA by the end of the month following the
40
month during which you make the subaward. Exemptions include: If, in the
previous tax year, you had gross income, from all sources, under $300,000, you are
exempt from the requirements to report on subawards, and the total compensation
of the five most highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total
compensation for each of your five most highly compensated executives for the
preceding completed fiscal year, if
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross
revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance subject
to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -
tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if in the
subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of
its annual gross revenues from Federal procurement contracts (and subcontracts)
and Federal financial assistance subject to the Transparency Act, as defined at 2
CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues
from Federal procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and the public does
not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986.
76. Understands that failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf he -said licant.
Signature of Authorized Agent:
v
Printed Name of Authorized Agent: Patrick McIntosh
Title: Fire Chief Date: 1/29/13
41
City of Anaheim
OFFICE OF THE CITY ATTORNEY
March 13, 2013
City of Huntington Beach
Attn: Mark Daggett, Battalion Chief
2000 Main Street
Huntington Beach, CA 92648
Re: 2012 UASI Subrecipient
Gentlepersons:
Enclosed herewith is a completely executed copy of the Agreement between
City of Huntington Beach and the City of Anaheim.
By copy of this letter, if the agreement provides for payment by the City
Finance Department the City is legally authorized to make payment for such work
hereinafter performed pursuant to said Agreement.
Very truly yours,
MICHAEL R.W. HOUSTON, INTERIM CITY ATTORNEY
By: {
MICHAEL R.W. HOUSTON
Interim City Attorney
c: Police - Darrin Lee
200 S. Anaheim Blvd., Suite 356
Anaheim, CA 92805
TEL (714) 765-5169
FAX (714) 765-5123
www.anaheim.net