HomeMy WebLinkAbout2011-2301
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RESOLUTION NO. 2011_230
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARD[NO AUTHORIZING A MEMORANDUM OF
l`NDERSTANDING WITH THE CITY OF RIVERSIDE OFFICE OF EMERGENCE'
~1ANAGEMENT FOR THF, PURPOSE OF ACCEPTING AND ADMINISTERING
THE 2010 URBAN AREA SECURITY' INITIATIVE (liASl) GRANT AND
AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT
BETWEEN THE C[TY OF SAN BERNARDINO AND LEVERAGE INFORMATION
S1'STF.MS, INC., FOR THE DOW'NTOW'N PROTECTION ZONE CAMERA
SYSTEM
NOW' THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
C'OLINC[L OF THE CITE' OF SAN BERNARD[NO AS FOLLOWS:
SECTION 1. That the Ciry of Riverside Office of Emergency Management and the
City of San Bernardino enter into a Memorandum of Understanding (MOU) regarding
reimbursement guidelines for the 2010 Urban Area Security Initiative (UASI) gmant
expenditures; and
SECTION 2. The City Manager, or his designee, is hereby authorized and directed to
execute said MOU and Assurances, a copy of which is attached and incorporated herein as
Exhibits "A" and "B", respec[ively; and
SECTION 3. The City Manager, or his designee, is authorized to accept and
administer die 2010 Urban Area Security Initiative Grant Program from the City of Riverside
Office of Emergency Management in the amount of $4] 8,000 for the Fire Department and
S440,000 for the Police Department, as outlined in the attached expenditure plans submitted
by Fire and Police, which are attached and incorporated herein as Exhibits "C1-C3" and "D",
respectively, and
SECTION 4. The authorization to execute the above referenced Memorandum of
Understanding is rescinded if it is not executed within one hundred and twenty (120) days of
the passage of dais Resolution; and
2011-230
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RESOLUTION OF THE MAYOR AND CO1vIMON COUNCIL OF THE CITY
OF SAN BERN.ARDINO AUTHORIZING A MEMORANDUM OF
UNDERSTANDING R'[TH THE CITY OF RIVERSIDE OFFICE OF EMERGENCY
MANAGEMENT FOR THE PURPOSE OF ACCEPTING AND ADMINISTERING
THE 2010 URBAN AREA SECURITY' INITIATIVE (UASI) GRANT AND
AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND LEVERAGE INFORMATION
SYSTEMS, INC., FOK THE DOWNTOWN PROTECTION ZONE CAMERA
Sl'STENI
SECTION 5. After a review of products, pricing, existing infrastructure, and after
being awarded a contract on August 1 1, 2010, to provide a surveillance camera system to the
City of Bakersfield, California, (a government entity) after winning an open public completive
bid, Leverage Information Systems Incorporated, of Woodinville, Washington, is the
recommended provider for the purchase of the first phase of the Downtown Camera
Protection Zone system to be used by die San Bernardino Police Department. Pursuant to San
Bernardino Municipal Codc 3.04.010(b)(3), the Mayor and Common Council approve a
selected sourcejustificxtion for this purchase; and
SECTION 6. That the Mayor and Common Council authorize the purchasing
manager to issue a purchase order to Leverage Information Systems, Incorporated, 01
Woodinville, Washington, for the purchase of the (first phase of our Downtown Camera
Protection Zone system for the San Bernardino Police Department as outlined in Leverage
Information Systems Incorporated's Project Capstone document, dated June 27, ?011, in an
amount not to csceed 5416,017.11. The purchase order shall read, "San Bernardino PD
Phase-l Downtown Camera Protection Zonc System:" and
SECTION 7. The Citv Manager is hereby authorized to execute a Vendor Service
Agreement with Leverage Information Systems, Incory~orated, of Woodinville, Washington, .~
copy of which is attached hereto and incorporated herein as Gxhibrt "E."
2011-230
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY'
OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF RIVERSIDE OFFICE OF EMERGENCY
MANAGEhIENT FOR THE PURPOSE OF ACCEPTING AND ADMINISTERING
THE 2010 URBAN ARF,A SECURITY INITIATIVE (UASI) GRANT AND
AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND LEVERAGE INFORMATION
SYSTEMS, INC., FOR THE DOWNTOWN PROTECTION ZONE CAMERA
Sl"STEM
[ HC-REBI' CERTIPI' that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ]pint regular meeting
thereof, held on the 18 day of July , 201 I, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
M,4RQLIEZ
VACANT
BR[NKER
SHORETT
KELLEI'
IOHNSON
MCC,4MMACK
x
x
x
X
x
x
.~ a.t.~i.c.2 ~1. (:P~.~L
Rac~hiel G. Clark, CMG, City Clerk
The foregoing Resolution is hereby approved this ,~lsf day of July , 201 1.
Pat ck J. Morris, or
y of San Bernardino
Approved as to form:
JAMES F. PENMAN.
C
B
2011-230
VENDOR SERVICES AGREEMENT
This Vendor Services Agreement is entered into this 18th day of Ju y ,
b~ and between Leverage Information S~~stems Incorporated, of Woodinville, Washington
("VENDOR") and the Cite of San Bernardino, California ("CITY" or "San Bernardino").
V~'ITNESSETH:
w'HEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to conri-act for the installation, contiguration, and activation
of an eleven camera Downtown Camera Protection Zone system that will connect to the CITY'S
existing G-ime Camera System for the San Bernardino Police Department;
NO~~', THEREFORE, the parties hereto a~~ree as follows:
1. SCOPE OF SERVICES.
For the rem~meration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in Leverage Information System's Project
Capstone document ~ 1 C (dated .lone 16, ?O1 1) as Exhibit "A," attached hereto and incorporated
herein.
2. C{)1'iPENS:~T10N AND EIPENSES.
a. For the scr~~~ices delineated above, the VENDOR, shall retain deliver, install,
configure, activate and provide the training outlined in the VENDOR'S Project
Capstone attached as Exhibit "A".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. "1'F,R1~[.
The initial term of this A~rrcement shall be for a period of six months. The VENDOR
must complete all work with 1 hO days of receipt of a City Purchase Order.
The CITY may terminate this A~~recment at airy time by givin~~ ninety (90) days written notice to
Vendor. C[TY shall pay all that is payable under this Agreement to Vendor Lmtil the date of
terminatlOn.
Effect of Termination. If this A~~recment is terminated as provided herein, CITY may re~Iuire
Vendor to provide all tinished or unfinished documents and data and other information of any
kind prepared by Vendor in connection with the perfonnanre of services tinder this Agreement.
Vendor shall be required to provide such documents and other information within tifteen (15 )
d~iys of the request.
~l. INDEi~INITl'.
Vendor agrees to and shall indenu~ify and hold the City, its elected officials, employees,
a~~ents or representati~~~es, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or allured act or omission of Vendor, its employees, agents, or
2011-230
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services wider this Agreement, unless the bodily injury or property damage was
actually caused Eiy the: sole negligence of the City, its elected ofticials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, includin~~ attorneys fees, the City, its elected ofticials, employees, agents or
representatives fi~om any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected ofticials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
~. INSUR.INCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of ~ 1,000,000.00 combined single limit, and stahltory worker's
compensation co~~era~~e, and shall the copies of said policies with the CITY's Risk Manager
prior to undertaking an_v work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
hn-nishcd to the CITY shall require the insurer to notify CITY at least 30 days prior to any
change in or termination of the policy.
6. NON-DISCRI~11N.aTION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not en~~age in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
allcl'Stl'~', age, 111enTa~ OI~ physleal dlsablhty, 111edICal COndlhon, -narltaf StatUS, S2XLlaI ~~e11deI' Or
sexual orientation. ur any other status protected by law.
7. INDENENDENT CONTR~~CTOR.
VENDOR shall perform work tasks provided by this ,4greement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
C[TY. y'ENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability h~surance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
K. BUSINESS RE(;ISTRATION CERTIrICATE ANU OTHER REQUIREI~'1ENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
2011-230
9. NOTICES.
Any notices to be ~~i~-~en ~~ui~suant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Jarrod Bur~~uan, Polio Captain
San Bernardino Police Department
71 U North "D" Street B Bldg PSG
San Bernardino, CA 9240 l
Telephone: (909) 384-57=12
TO THE VENDOR:
Mr. Douglas M. Chesler
Leverage Information Systems Inc.
l 88 I S 139`x' Ave NE, Suite B
w'oodinville, WA 98072
Telephone: (425) 420-1555
10. ATTORNEI'S' FEES
In the event that liti~~ation is brought by any party in connection with this Agrc~ment, the
hrevailin~~ hasty shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcin~~ this A~~recment on behalf of the CITE' shall be considered as "attorneys' tees" for the
purposes of this para~~raph.
11. ASSIGNMENT.
~'I:NDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or anv part of the y'LNDOR's interest in this Agreement without CITI"s prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Re~~ardless of CITti"'s consent, no subletting or assignment shall release VENDOR of
VF.NDOR's obli~~ation to perform all other obligations to be performed by VENDOR hereunder
for the term of this A~~re~meut.
12. ~'I;NUE.
The parties hereto agree that all actions or proceedings arising in connection with this
A~~rcement shall be tried and litigated either in the State courts located in the County of San
Fernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LA~~'.
This A~~rcement shall be ~~overncd by the laws of the State of California.
1-1. S~'CCESSORS AND ,ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
A~~rcement and their respecti~c heirs, representatives, successors, and assigns.
2011-230
I5. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the intci~~retation of any of its
provisions.
Iv. sE~~ER~~BtI.rrY.
If any provision of this A~~reement is determined by a court of competent jtn~isdiction to
be in~,~alid or unenforceable for anv reason, such determination shall not affect the validity or
enti~rcc~ibility of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remainin~~ provisions of this Agreement shall remain in full force
and etfect.
17. REl\1EDIES; ~i'AI~'ER.
.All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
anv other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of fliture breaches, unless
such waiver shall be in writing and si~~ncd by the party against whom enforcement is sou~~ht.
18. F.~TIRE .-~GREENIE\T; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties. and supersedes any prior agreements and understandings relating to the subject matter of
this A~arecmcnt. This A~~reemont may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN ~~'ITN'ESS THEREOF, the parties hereto have executed this Agreement on the day
and data set forth below.
Dated:, ~~~~~~ ~ ,'O11
Dated Z~ , ~()1 1
.~~pprovcd as to Form:
James F. Penman, City Attorney
Leve. ~• ormation sy ~ ms Inc.
Bar/-` ,' ~t
ouglas M. Chester, CEO
CITY AN BE AR INO
By:
Charles McN ely, ~ y Manager
2011-230
, Memorandum of Understanding - Urban Area Security Initiative Grant Funding
MEMORANDUM OF UNDERSTANDING
CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
AND THE CITY OF SAN BERNARDINO
REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING
FOR FEDERAL FISCAL YEAR 2010
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective July 18
20-11, between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
and THE CITY OF SAN BERNARDINO under the following terms and conditions:
1. The Participating Agency agrees to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to comply with United States Department of
Homeland Security - Homeland Security Grant Program guidance, processes and
requirements.
3. The Participating Agency agrees that all equipment, supplies and training funded
through the UASI program is for the mutual benefit of the Riverside UASI
Region and not for the exclusive benefit of the Participating Agency.
4. The Participating Agency agrees that all equipment, supplies and technical
expertise developed through training funded by the UASI program is to be made
available for emergency use through established mutual aid systems, established
mutual aid agreements or made reasonably available through a valid request by a
member jurisdiction or organization of the Riverside UASI.
5. The Participating Agency agrees to provide prior to being funded the most recent
copy of their; 1. NIMSCAST Report and 2. Single Audit Report.
6. The Participating Agency agrees to submit a Monthly Project Progress Report
(Attachment B) by the 15th day of each month in accordance with the UASI grant
program guidelines.
7. The participating agency agrees to designate a Project Manager and Grant
Manager for each project awarded and provide the contact information of those
individuals to the City of Riverside Office of Emergency Management / UASI.
Upon any changes to the original designation the agency will provide written
notification and updated contact information.
2011-230
. , .
. Memorandum of Understanding - Urban Area Security Initiative Grant Funding
8. The Participating Agency agrees to maintain all documentation supporting all
expenditures reimbursed from grant funds, and ensure all expenditures are
allowable under grant requirements. Recipients that expend $300,000 or more of
federal funds during their respective fiscal year agree to submit an organization
wide financial and compliance audit report. The audit shall be performed in
accordance with the U. S. General Accounting Office Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass-Through Agency: Office of Homeland Security;
Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The
records shall be maintained and retained in accordance with DASI grant
requirements and shall be available for audit and inspection by the City and
designated grant agent personnel.
9. The Participating Agency agrees that all its expenditures shall be in accordance
with the approved project expenditures and allowable costs as submitted to the
City and approved by the California Emergency Management Agency (Cal EMA)
and the U.S. Department of Homeland Security Grants Program Directorate.
10. The Participating Agency agrees to defend, indemnify, and hold harmless the
City, its agents, officers, and employees, from and against all liability arising out
of the Participating Agency's acts or omissions under this MOD.
11. The City agrees to defend, indemnify, and hold harmless the Participating
Agency, its agents, officers, and employees, from and against all liability arising
out of the City's acts or omissions under this MOU.
12. The Participating Agency agrees to provide the Certificate of Non-Supplanting
(Attachment C).
13. The Participating Agency agrees to provide the Certification regarding
Debarment, Suspension and Other responsibility matters (Attachment D).
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2011-230
. Memorandum of Understanding - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of Riverside Office of Emergency Management and the City of San Bernardino, by and
through their authorized representatives.
BY';h~ ~
By:
CITY OF RIVERSIDE
Title: Assistant City Manager
Title:
Attest:
BY:~""
Colleen Nicol
Attest:
Title: City Clerk
City Clerk
By: ~~ /:1. CLuJe
4 CkA-k
Title:
s to form:
Approved as to form:
7/L
James F. Penman, City Attorney
By:
By:
Title:
Supervising Deputy City Attorney
3
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2011-230
, Memorandum of Understanding - Urban Area Security Initiative Grant Funding
Governing Body Resolution
(For Operational Areas and Urban Area's)
BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL
(Governing Body)
OF THE
CITY OF SAN BERNARDINO
(Name of Applicant)
THAT
CHARLES MCNEELY, CITY MANAGER
(Name or Title of Authorized Agent)
,OR
HIS DESTGNF.F.
(Name or Title of Authorized Agent)
,OR
(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 sub-granted through the State of California.
Passed and approved this
18th
day of
July
,20~
Certification
I, Rachel G. Clark
(Name)
, duly appointed and
City Clerk of the Mayor and Common Council
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the Mayor and Common Council of the City of San Bernardino on the
(Governing body) (Name of Applicant)
18th day of July ,2011
4
2011-230
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
e. ,'rY C. L. Co If J<'
(Official Position)
~~ /;:I. ~
(Signature)
5
2011-230
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
Name of Applicant:
CHARLES MCNEELY
Address:
300 NORTH "n" STREET. 6th FLOOR
City: SAN BERNARDINO
State:
CA
Zip Code: 92418
Telephone Number: (909) 384-5122
Fax Number: ((We}) 1R4-') l1R
E-Mail Address:
MCNEELY CH@SBCITY.ORG
As the duly authorized representative of the applicant, I certify that the applicant named above:
I. 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 FY20 10 Investment
Justifications submitted to DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General of
the United States, the State of California, the Office ofInspector 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.
Page 1
Initialst<</'
2011-230
7. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
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.
II. 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.
12. 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.
13. 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.
14. Will notify Cal EMA of any developments that have a significant impact on award-supported
activities, including changes to key program staff.
15. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. SS
480 I et seq.) which prohibits the use oflead based paint in construction or rehabilitation of
structures.
16. 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. SS 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. S 794), which
prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.c. SS 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.
Page 2
Initials ~
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. ' 2011-230
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
nondiscrim ination.
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 recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office ofJustice
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.
m. Will comply, and assure the compliance of all its sub grantees and contractors, with the
nondiscrim ination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1.
17. 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. S 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.
18. Will comply, ifapplicable, 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.
19. 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.
20. 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, and purchase and/or use of any sonar equipment. The sub grantee must
comply with all conditions 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
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discovered, the subgrantee will immediately cease activity in that area and notify
DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office.
21. 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 EP A.
22. 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 National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (EOI2898) and Environmental
Quality (EOI1514).
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. SS 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. S 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. SS 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.
23. 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.
24. 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, Us. 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 ofFEMA 's Grant Programs Directorate or the Us. 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 fimds provided by
the Us. Department of Homeland Security. "
25. 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.
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26. 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.
27. 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. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $1 00 per Federal Fiscal Year.
28. 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 ofOPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
29. 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.
30. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
31. 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.
32. 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.
33. 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.
34. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member
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2011-230
of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
35. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms ofthe 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 in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conforn1ance with that Strategy.
36. 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.
37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars AI02 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
38. Will comply with all provisions of2 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-II 0); 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).
39. Will comply with Subtitle A, Title II ofthe Americans with Disabilities Act (ADA) 1990.
40. 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.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in the current edition of
the DHS Financial Management Guide.
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2011-230
43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
20 I 0 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 20 I 0 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY20 I 0 Homeland Security Grant
Program application. Further, use of FY I 0 funds is limited to those investments included in the
California FY I 0 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated
through the peer review process.
44. 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".
45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a. The applicant certifies that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
11. 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.
111. 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 (l)(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
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
46. Agrees to comply with the Drug-Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs;
and
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IV. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
i. Abide by the terms of the statement; and
II. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to:
Department of Justice, Office of Justice Programs
A TTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
II. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (t).
47. 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.
48. 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 of the said appli ant.
~~~~
Date:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
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