HomeMy WebLinkAboutCounty of Orange - Sheriff-Coroner Department - California Office of Emergency Services (CalOES) - 2023-11-29 (2) 1 AGREEMENT TO TRANSFER FUNDS
2 FOR 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
3
4 THIS AGREEMENT is entered into this day of _ 20 , which date is
5 enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
6 subdivision of the State of California, hereinafter referred to as "COUNTY," and
7 , a municipal corporation,hereinafter referred to as"SUBRECIPIENT."
8 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to
9 as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and
10 accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant") from
11 the California Office of Emergency Services("CalOES").
12 WHEREAS, the purpose of the grant is to support comprehensive emergency management at
13 the state,tribal and local levels and to encourage the improvement of prevention, protection, mitigation,
14 response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FEMA
15 Preparedness Grants Manual),which is attached hereto and incorporated herein by reference.
16 NOW,THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS:
17 1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to
18 reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In
19 order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF
20 all required information and documentation, as set forth in Attachment B (FY2022 EMPG Financial
21 Management Forms Workbook),which is attached hereto and incorporated herein by reference.
22 2. Throughout their useful life, grant property and equipment shall be used by
23 SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto.
24 3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and
25 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
26 property and equipment as are necessary, in order to keep said grant property and equipment
27 continually in good working order.
28
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 1 of 4
1 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it
2 only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
3 grant funds.
4 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and
5 information in accordance with requirements set out in the Attachment C (FY2022 Emergency
6 Management Performance Grant Program: California Supplement to the FEMA Preparedness Grants
7 Manual;or,The State Guidance),which is attached hereto and incorporated herein by reference.
8 6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully
9 bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Standard
10 Assurances for all CalOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY
11 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
12 this Agreement or Attachments A,B, C, or D hereto.
13 7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the
14 agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
15 agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
16 subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
17. services, materials or supplies in connection with SUBRECIPIENT's performance of this Agreement,
18 including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or
19 resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in the
20 performance of this Agreement, including Attachments A,B, C, and D hereto.
21 8. No alteration or variation of the terms of this Agreement shall be valid unless made in
22 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
23 agreement not incorporated herein shall be binding on any of the parties hereto.
24 9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express
25 written consent of COUNTY.
26 10. SUBRECIPIENT shall provide to COUNTY all records and information requested by
27 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
28
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 2 of 4
1 required to provide to the agency from which COUNTY received grant funds or other persons or
2 agencies.
3 11. For a period of three years after the final Federal Financial Report hereunder or until all
4 claims related to this Agreement are finally settled,whichever is later, SUBRECIPIENT shall preserve
5 and maintain all documents,papers and records relevant to the work performed or property or equipment
6 acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the
7 same time period, SUBRECIPIENT shall make said documents, papers and records available to
8 COUNTY and the agency from which COUNTY received the grant funds or their duly authorized
9 representative(s), for examination, copying, or mechanical reproduction on or off the premises of
10 SUBRECIPIENT,upon request, during usual working hours.
11 12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the State
12 Auditor General with respect to this Agreement for a period of three years after the fmal Federal
13 Financial Report hereunder.
14 13. COUNTY may terminate this Agreement and be relieved of the payment of any
15 consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants
16 contained in this Agreement, including the applicable terms of Attachments A,B,C, and D hereto,at the
17 time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
18 termination,COUNTY may proceed with the work in any manner deemed proper by COUNTY.
19 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in
20 the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be
21 considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
22 COUNTY received grant funds.
23 15. By signing this Agreement, SUBRECEIPIENT understands and agrees that:
24 • a. Failure to follow grant guidance, including those detailed below, will result in
25 ineligibility for any reimbursement under the FY22 EMPG:
26 b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
27 Managers Organization meetings held from July 1, 2022 through June 30,2024;
28
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 3 of 4
1 c. SUBRECIPIENT must maintain National Incident Management System (NIMS)
2 compliance;
3 d. For any personnel whose salary is charged to the grant, that specific individual must
4 meet the training and exercise requirements set forth in the grant guidance;
5 e. Only those expenditures specifically detailed in the Financial Management Forms
6 Workbook are approved for funding; any changes must be pre-approved by the.
7 California Office of Emergency Services;
8
9 IN WITNESS WHEREOF,the parties have executed this Agreement in the County of Orange,
10 State of California.
11 APPROVED AS TO FORM COUNTY OF ORANGE, a political subdivision
COUNTY COUNSEL of the State of California
12
13 I,` VL 6
14 tN '�� By
By
Sheriff-Coroner
15 Wendy J.Phillips, Senior Deputy "COUNTY"
16 DATED: ,20
17 DATED: August 15 , 2023
18
19
20
21
ATTEST: SUBRECIPIENT r'`'r' °i Kvo,r **I chii to
22
23
24 City Clerk /
Title: godtG-e-c-rsl—iwl Aa ram,u�
25 DATED: A/iY,erwi a �'
q ,20 23 DATED: 1112 a ,20 Z3
26
27
APPROVED AS TO FORM
28 n
By:
CFDA: 97.042 MICHAEL E. GATES
Emergency Management Performance Grant CITY ATTORNEY
DeparmentofHomelandSecurity Page4of4 CITY OF HUNTINGTON BEACH
•
••�. _' ORANGE COUNTY
SHERIFF'S DEPARTMENT SHERIFF-CORONER DON BARNES
I`1 .
Brevyn Mettler September 14, 2023
City of Huntington Beach, Fire Deptartment
2000 Main Street
Huntington Beach, CA 92648
Subject: Notification of Application Approval: FY22 Emergency Management Performance Grant
Subaward#2022-0005, CalOES ID: 059-00000
Dear Mr. Mettler,
The California Governor's Office of Emergency Services (CalOES) has approved the County of Orange
application, including the proposed project for your city in the amount of $33,420. This award is based on
information provided in your application.
Please complete and return the attached documents and provide a copy of the Resolution authorizing the
signature of such documents.
Any activities requiring an Environmental and Historic Preservation (EHP) review and approval are prohibited
from expending Subaward on those activities until an EHP clearance has been obtained. Failure to adhere to
this requirement will result in the de-obligation of Subaward funds.
All payment requests must be submitted on the Financial Management Forms Workbook. In addition,
expenditures can only be made for items listed in the approved Subaward. You must submit a modification
request and received approval in writing before making changes to your project.
This Subaward is subject to all policies and provisions of the Single Audit Act of 1984 and the Single Audit Act
Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those found owed
as a result of a final inspection or audit, must be refunded to the State within 30 days upon receipt of an invoice •
from CalOES.
Quarterly reports must be prepared and submitted to CalOES for the duration of the performance period or until
all activities are completed and the Subaward is formally closed. Failure to submit quarterly reports could result
in grant reduction, suspension, or termination.
Respectfully,
Michelle Anderson, CEM
County and Operational Area Emergency Manager
Attachments: Transfer Agreement
Standard Assurances
Grants Management Assessment Form
FFATA Financial Disclosure
Certification Regarding Lobbying
Integrity without compromise I Service above self I Professionalism in the performance of duty I Vigilance in safeguarding our communiiy
ORANGE COUNTY
•
SHERIFF'S DEPARTMENT SHERIFF-CORONER DON BARNES
2022 Emergency Management Performance Grant
Award Information
Requirement Response
Sub-recipient name City of Huntington Beach
Sub-recipient's DUNS number 07-814-3948
Federal Award Identification Number(FAIN) EMF-2022-EP-00014
Federal Award Date: 09/30/2022 (FEMA to CalOES)
Subaward Period of Performance Start and 07/01/2022-6/30/2024
End Date:
Amount of Federal Funds Obligated by this $33,420
Action
Total Amount of Federal Funds Obligated to $33,420
the Sub-recipient
Total Amount of the Federal Award $355,100,000
Federal award project description, as The purpose of the Emergency Management
required to be responsive to the Federal Performance Grant(EMPG) Program is to
Funding Accountability and Transparency Act provide federal funds to states to assist state,
(FFATA); local, and tribal governments in preparing for
all hazards. Funds provided under the EMPG
must be used to support activities that
contribute to the Operational Area's capability
to prevent, prepare for, mitigate against,
respond to, and recover from emergencies
and disasters, whether natural or man-made.
Name of Federal awarding agency, pass- These funds have been awarded by the
through entity, and contact information for Federal Emergency Management Agency,
awarding official Department of Homeland Security and
passed through the California Office of
Emergency Services and the County of
Orange. The City should contact the Orange
County Sheriff's Department Emergency
Management Division at 714-628-7054 as the
awarding official.
CFDA Number and Name 97.042, Emergency Management
Performance Grants
Integrity without compromise I Service above self I Professionalism in the performance of duty I Vigilance in safeguarding our community
Cca' oEs
GOVERNOR'SOFFICE
OF EMERGENCY SERVICES
Federal Funding Accounting and Transparency Act (FFATA)
Finan ial Disclosure
Public Law (PL) 109-282 Federal Funding Accountability and Transparency Act of 2006,
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008
(PL 110-252), which is outlined in the Federal Emergency Management Agency, Grant
Programs Directorate Information Bulletin No. 350.
As defined by the Office of Management Budget, the following are subject to FFATA
reporting requirements:
1. All new federal awards of$30,000 or more, as of August 13, 2020.
NOTE: Cal OES reports on this requirement in the Federal Funding Accountability
and Transparency Act Subaward Reporting System (FSRS).
2. The Total Compensation and Names of the top five executive, if the
Subrecipient in the preceding year received:
a. 80 percent or more of its annual gross revenues in Federal Awards; and
b. $25,000,000 or more in annual gross revenues from Federal awards; and
c. The public does not have access to information about the compensation of
the senior executives of the entity.
Subrecipients are required to provide the Executive compensation information in
the below chart, if applicable.
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❑ Not subject to the Executive Compensation requirement of the FFATA Financial
Disclosure.
Page 1 of 2 rev. August 2021
. Cal OES
O R'S OFFICE
OEF EldER EMiERGENCY SERVICES
Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
APPROVED AS TO FORM
B
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
Page 2 of 2 rev. August 2021
Cal OES
GOVERNOR'SOFFICE
OF EKEROENCY SERVICES iCES
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 of Lobbying Activities,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
• included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Page 1 of 2 Initials
Cai OES
GOVERNOR'S OFFICE
EMERGENCY
OF EItfROENCY SERVICES
Certification Regarding Lobbying
The Subrecipient, as identified below, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In
addition, the Subrecipient understands and agrees that the provisions of 31
U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply
to this certification and disclosure, if any.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
APPROVED AS TO FORM
By:
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
Page 2 of 2 Initials
Governing Body Resolution
BE IT RESOLVED BY THE
(Governing Body)
OF THE THAT
(Name of Applicant)
, OR
(Name or Title of Authorized Agent)
, OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named
Applicant, a public entity established under the laws of the State of
California, any actions necessary for the purpose of obtaining federal
financial assistance provided by the federal Department of Homeland
Security and subgranted through the State of California for the following
Grant Award:
(List Grant Year and Program)
Passed and approved this day of , 20
Certification
1, , duly appointed and
(Name)
Of the
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution
passed and approved by the.
day of ,20
(Official Position)
(Signature) (Date)
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT
•
Svbreciple t ,., UEI# SIPS#'` •
GranI Disaster/Program Title:
Performance Period; to Subaward Amount Requested
TypV'of Non 'Fedeta1 Entry ❑State Govt 0 Local Govt ❑.IPA 0 Non-Profit 0 Tribe
(Check Appltcable,Box
Per Title 2 CFR§ 200.332, Cal OES is required to evaluate the risk of noncompliance with federal statutes,
regulations and grant terms and conditions posed by each subrecipient of pass-through funding.This
assessment is made in order to determine and provide an appropriate level of technical assistance,
training,and grant oversight to subrecipients for the award referenced above.
The following are questions related to your organization's experience in the management of federal grant
awards.This questionnaire must be completed and returned with your grant application materials.
For purposes of completing this questionnaire;grant manager is the individual who has primary
responsibility for day-to-day administration of the grant,bookkeeper/accounting staff means the individual
who has responsibility for reviewing and determining expenditures to be charged to the grant award,and
organization refers to the subrecipient applying for the award, and/or the governmental implementing
agency, as applicable.
Assessment Factors. 1 espouse ',:
1. How many years of experience does your current grant manager have managing Select
grants?
2. How many years of experience does your current bookkeeper/accounting staff have Select
managing grants?
3. How many grants does your organization currently receive? Select
4. What is the approximate total dollar amount of all grants your organization receives?
5. Are individual staff members assigned to work on multiple grants? Select
6. Do you use timesheets to track the time staff spend working on specific Select
activities/projects?
7. How often does your organization have a financial audit? Select
8. Has your organization received any audit findings in the last three years? Select
9. Do you have a written plan to charge costs to grants? Select
10. Do you have written procurement policies? Select
11. Do you get multiple quotes or bids when buying items or services? Select
12. How many years do you maintain receipts,deposits, cancelled checks,invoices? Select
13. Do you have procedures to monitor grant funds passed through to other entities? Select
Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is
accurate,complete and current.
Signature:(Authorized Agent) Date:
Print Name and Title: Phone Number:
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Subrecipient Grants Management Assessment(Rev.3/1 7/22)
,
Cal OES
GOVERNOR'S E OFFICE
OFF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines. .
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a)To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
Page 1 of 15 Initials
CalOES
00YERNOR'SOFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d)The Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of,the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
Page 2 of 15 Initials
Cal OES
GOVERNOR'S OFFICE
O EMERGENCY
OF EIfERiENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public 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 (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
Page 3 of 15 Initials
.......
CaIOES
GOVERNOR'SEMINENCY
OFFICE
R
OF ENERiENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)—be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over$10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3,which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
Page 4 of 15 Initials
Cca' oEs
OF OFFICE
EMERGENCY
OF EIfERaENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under
which the Applicant must comply with equal treatment policies and
requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21 000-21 1 77), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations,Title 14, Division 6, Chapter 3,
§§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation ofwetlands;
(i) The Safe Drinking Water Act of 1974, (P.L.93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) determined to be in violation
of federal law relating to air or water pollution.
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal
Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
_ awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment -The Applicant will comply with 31 U.S.0 §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b)
executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170,
Appendix A. The Applicant also agrees to comply with the requirements set forth in
the government-wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2 C.F.R. Part
25, Appendix A.
13.Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a)The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b)The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
16.Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real 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 purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
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(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et
seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications;and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication.Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
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20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG)-
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21.Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure 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.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is
required to have a publicly-available privacy policy that describes standards on the
usage and maintenance of PII they collect. The Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number)
to any work first produced under federal financial assistance awards.
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude the Applicant from
shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms
and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for 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 B-
138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
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30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through
non-federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33.Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, the Applicant must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, 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.
37.Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States-this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
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(b) All manufactured products used in the project are produced in the United
States-this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under
applicable law or regulation; and
(c) All construction materials are manufactured in the United States-this means
that all manufacturing processes for the construction material occurred in the
United States.
The "Buy America" preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of
the BABAA requirements to be effective for a period of six months, through January 1,
2023. Applicants will not be required to.follow the BABAA requirements for FEMA
awards made, and any other funding FEMA obligates, during this waiver period. For
any new awards FEMA makes after January 1, 2023, as well as new funding FEMA
obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA
requirements unless another waiver is requested and approved.
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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) has made false certification,
or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by the Department of
Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated
by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs-
standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
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