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HomeMy WebLinkAbout21-Police Department (2) OTY OF SAN BERNARDINO - REQUEST FOR COUNOL Qg~cW N A L From: Michael A. Billdt, Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager of the City of San Bernardino to execute a Memorandum of Understanding between the City of Riverside Office of Emergency Management and the City of San Bernardino and authorizing the obligation and expenditure of Urban Area Security Initiative Grant Funds. MICC Meeting Date: 04/06/2009 Dept: Police Department Date: March 17, 2009 Synopsis of Previous Council Action: 3/31/09 Grants Ad Hoc Committee recommended the item be submitted to the full Council. Recommended Motion: Adopt resolution. ~~~ MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Lieutenant Mark A. Garcia Phone: 384-5723 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $755,000.00 in grant revenues Source: UASI Grant, Acct#123-806-xxxx Council Notes: dso Finance 2009- 75 Agenda Item No.---.2.L tf -[g- o&f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Memorandwn of Understanding (MOU) between the City of San Bernardino and the City of Riverside Office Emergency Management for agreed upon expenditure and reimbursement guidelines for the Urban Area Security Initiative (VASI) Grant. Background: In February of 2008 the federal government identified the Riverside, San Bernardino, Ontario area as an Urban Area (RUA) eligible to apply for Homeland Security grant funds under the Urban Area Security Initiative Grant. The RUA area includes both Riverside and San Bernardino County and is roughly described as the area from Redlands to Chino in San Bernardino County and the area from Corona to Moreno Valley in Riverside County. The goals set forth for the fiscal year 2008 include: . funding to conduct a gap analysis of regional capabilities . funding to develop a critical infrastructure protection plan . funding to improve law enforcement information sharing . funding to improve Chemical, Biological, Radiological, Nuclear Explosive (CBRNE) detection and response . funding to improve interoperable communications . funding to improve mass care and shelter . funding to improve mass prophylaxis and medical surge capabilities The RUA Security Strategy, a requirement of the grant, was developed within federal guidelines and delineates a strategy to enhance regional cooperation and planning within our area. The Security Strategy identifies the approval authority process for the grant application. The approval process contains two levels of scrutiny. The RUA Steering Committee and the RUA Approval Authority. The RUA Steering Committee consists of two representatives from each city (a police department representative and a fire department representative) and one representative each from San Bernardino and Riverside Counties. The RUA Approval Authority consists ofa representative from the City Manager's Office for each of the three core cities (Riverside, Ontario and San Bernardino) and one representative from each of the two counties Chief Administrative Offices. All funding requests are forwarded from agencies contained in the RUA area to the RUA Steering Committee for consideration annually. These requests are vetted by the RUA Steering Committee to insure the requests meet federal goals, grant requirements and RUA goals. The RUA Steering Committee develops a spending plan, writes investment justifications and approves the final grant application. .:::# b2 \ 4-6-0/ R epllJ.&(ll77€td (J~4-o< The final expenditure plan is forwarded to the RUA Approval Authority for final approval. Once the Approval Authority approves the final spending plan, the plan is returned to the Steering Committee and Investment Justification authors to complete the Investment Justifications and submit the Investment Justifications to the State of California Office of Homeland Security (OHS) for approval. Once the state OHS approves the Investment Justifications they are forwarded to the Federal Department of Homeland Security (DHS) for review and approval. When final approval is gained from federal DHS an award letter is sent back to the State OHS. The state OHS then issues an award letter to the RUA for funding approval. The City of Riverside Office of Emergency Management then forwards the approval letter to each of the cities or counties approved for funding within expenditure guidelines. The City of San Bernardino was invited to participate in developing the grant application, which was submitted in April 2008. Fire Chief Mike Conrad made a presentation to the Grants Ad Hoc Committee on April 29, 2008. The State of California Office of Homeland Security approved the grant application and forwarded the grant application to the federal Department of Homeland Security for approval. On October 23, 2008 the federal government approved the Riverside UASI grant application in the amount 0[$3.2 million. State of California Office of Homeland Security receives 20% of each award to fund statewide projects. RUA's final award was $2,601,200. On December 30, 2008 the City of San Bernardino received the final award letter from Riverside Office of Emergency Management authorizing the city to purchase a CBRNE Rescue Vehicle (slated for the April 20, 2009 Council Meeting), an interoperable communications vehicle and to conduct Regional Active Shooter Training. All expenditures will be reimbursed 100% through the City of Riverside Office of Emergency Management, who in turn will be reimbursed by the federal government. Financiallrnpact: There is no matching funds requirement for this grant. The City of San Bernardino has been approved for funding in the amount 0[$755, 000.00 for a CBRNE Rescue Vehicle ($340,00.00), an Interoperable Communications Vehicle ($340,000.00) and Active Shooter Training ($75,000.00). All grant funds must be expended by March 30, 2011. Recommendation: Adopt resolution 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 CC(Q)~lf RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER OF THE CITY OF SAN BERNARDINO TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT AND THE CITY OF SAN BERNARDINO AND AUTHORIZING THE OBLIGATION AND EXPENDITURE OF URBAN AREA SECURITY INITIATIVE GRANT FUNDS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager or his I her designee is hereby authorized and directed to execute on behalf of the City of San Bernardino a Memorandum of Understanding with the City of Riverside Office of Emergency Management regarding reimbursement guidelines for Urban Area Security Initiative (UASI) grant expenditures, which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The City Manager or his I her designee is hereby authorized and directed to obligate and expend the allocated UASI Grant monies in the amount of $755,000 from the U.S. Department of Homeland Security for homeland security expenditures as outlined in the attached expenditure plan submitted by the Chief of Police, which is attached hereto, marked Exhibit "B". SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the Memorandum of Understanding is not executed by both parties and returned to the Office of the City Clerk within one hundred and twenty (120) days following the effective date ofthe resolution. III III III ~-b-tf1 #;;Zl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER OF THE CITY OF SAN BERNARDINO TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT AND THE CITY OF SAN BERNARDINO AND AUTHORIZING THE OBLIGATION AND EXPENDITURE OF URBAN AREA SECURITY INITIATIVE GRANT FUNDS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the ,2009, by the following vote, to wit: day of Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA BAXTER BRINKER SHORRET KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2009. PannckJ. Morris, Mayor City of San Bernardino Approved as to Form: ~ ES F. PENMAN, ity Attorney Exhibit" A" 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 2008 THIS MEMORANDUM OF UNDERSTANDING (MOD) is effective December 30, 2008. between THE CITY OF RNERSIDE OFFICE OF EMERGENCY MANAGEMENT and the CITY OF SAN BERNARDINO ("Participating Agency") under the following terms and conditions: I. 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 Reimbursement Request Form (Attachment B) by the 1Ott. day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 7. The Participating Agency agrees to submit at the time of signing of this MOU, and on October I of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 7.1 below for each of those categories (Attachment C). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. I Memorandum of Understanding - Urban Area Security Initiative Grant Funding 7.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of the Code of Federal Regulations (CFR) 291910.120 Section Q and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) - Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) - Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground-based and aeromedical services to provide pre-hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22.Social Security, Division 9 Pre-hospital Emergency Medical Services Chapter 2, 3 or 4. HuMat (HZ) - Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 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-B3 (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 UASI 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 pre-approved expenditure details as submitted to the City and approved 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding by the State of California Office of Homeland Security (CA-OHS) and the U.S. Department of Homeland Security Grants Program Directorate. Any deviations from the pre-approved list shall be submitted to the City for approval before making such expenditures. 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 MOU. 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. 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. CITY OF RIVERSIDE PARTICIPATING AGENCY By: By: Title: Title: Attest: Attest: By: By: Colleen J. Nicol Title: Title: City Clerk Approved as to form: Approved as to form: By: By: James F. Penman James E. Brown Title: Title: City Attorney Supervising Deputy City Attorney 3 AT.l'ACmmN'l' . A. Office of Homeland Security FY08 Grant Assurances (All HSGP Applicants) Name of Applicant: Address: City: State: Zip Code: Telephone Number: Fax Number: E-Mail Address: As the duly authorized representative of the applicant, I certifY that the applicant named above: I. 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 federal Department of Homeland Security and sub-granted through the State of California, Governor's Office of Homeland Security (OHS). 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. 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 lusticelHomeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 5. Will provide progress reports and such other 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 a report in the Grant Reporting Tool (GRT) twice each year. 6. Will initiate and complete the work within the applicable time frame after receipt of approval from OHS. 7. Will comply with FEMA's codified regulation 44 Part \3, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including part 13.1 regarding the payment of interest earned on advances. Page 1 Initials 8. 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 fiunily, business or other ties. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall . use small, minority, women-owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a significant impact on award-supported activities, including changes to key program staff. II. Will comply, ifapplicahle, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~ 4801 et seq.) which prohibits the use oflead based paint in construction or rehabilitation of residence structures. 12. Understands and agrees 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 FEMA. 13. Will comply with all federal statues relating to Civil Rights and Nondiscrimination. These include but are not limited to: a. Title VI ofthe 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 ofI972, as amended (20 U.S.C. 991681-1683 and 1685- I 686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 9 794) which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.c. 99 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. 9 I -6 I 6), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. 99523 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. 93601 et seq.), as amended, relating to nondiscrimination in the sale, rental or fmancing of housing. i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute( s) under which application for federal assistance is being made, and I. Title 44 CFR Parts 7,16, and 19 relating to nondiscrimination. m. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event 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 of Justice Programs. Page 2 Initials o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Will comply, and assure the compliance ofall its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office ofJustice Programs Financial and Administrative Guide for Grants, M7100.1. 14. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. !i 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 offederal 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 Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and federally-assisted programs. 15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (p.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 (ten thousand dollars) or more. 16. 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 re-evaluation of compliance with these EHP requirements. 17. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval ofFEMAlOHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. Any construction related activities initiated prior to full environmental and historic preservation (EHP) review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notifY OHS/FEMA and the appropriate State Historic Preservation Office. 18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities, and will notifY OHS and the Federal Grantor agency of the receipt of any communication from the Director ofthe EPA Office of Federal Activities indicating that a facility to .be used in the project is under consideration for listing by the EP A. 19. Will provide any information requested by FEMAlOHS to insure 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 Page 3 Initials (EOI1988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (E011514). b. Title 44 CPR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to EO 11738. d. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of1972 (16 U.S.C. ~~ 1451 et seq.). e. Conformity offederal actions to State (Clean Air) Implementation Plans under Section I 76(c) of the Clean Air Act of1955, as amended (42 U.S.C. ~ 7401 et seq.). f. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). g. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. 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. 1. 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. j. 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 re-evaluation of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval ofFEMAlOHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. 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. 21. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Deportment of Homeland Security. "The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchasedwithfunds provided by the U.S. Department of Homeland Security." 22. 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 fmancial assistance, through the State of California, agree 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 ofthe 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. Page 4 Initials 23. 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). 24. 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. 25. 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. 26. 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. 27. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 20 I), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 28. 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 D.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.c. Sections 327-333), regarding labor standards for federal1y assisted construction sub-agreements. 29. 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 of Congress in connection with the federal grant or cooperative agreement, the undersigned shal1 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 al1 sub awards at al1 tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that al1 sub recipients shal1 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 shal1 be subject to a civil penalty of not less than SIO,OOO and not more than SIOO,OOO for each such failure. 30. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the Page 5 Initials 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 conformance with that Strategy. 31. 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. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-I 10, A-122, and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Will comply with provisions of28 CFR applicable to grants and cooperative agreements, Including: a. Part 18, Administrative Review Procedures. b. Part 20, Criminal Justice Information Systems. c. Part 22, Confidentiality ofIdentifiable Research and Statistical Information. d. Part 23, Criminal Intelligence Systems Operating Policies. e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith-based Organizations. h. Part 63, Floodplain Management and Wetland Protection Procedures. i. Part 42, NondiscriminationlEqual Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. I. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government-Wide Debarment and Suspension (Non-Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non- Profit Organizations. p. Part 83, Government-Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 35. 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. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initials 37. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current US Department of Homeland Security (DHS) Financial Management Guide. 38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2008 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 FY2008 Homeland Security Grant Program application. Further, use ofFY08 funds is limited to those investments included in the California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the peer review process. 39. Acknowledges that FEMA reserves a royalty-free, non exclusive, 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. the recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 40. 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." 41. As required by Executive Order 12549, Debannent and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CPR Part 67, Section 67.510 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. (ii) 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. (iii) 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 (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and Page 7 Initials 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. 42. Agrees to comply with the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28CFR Part 67 Sections 67.615 and 67.620 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: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) 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 (1) Abide by the terms of the statement; and (2) 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, ATIN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant. (t) 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. (1) 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 Page 8 Initials (2) 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). 43. Will comply with all applicable requirements of ail other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 44. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 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 applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Page 9 Initials ATIACHMENT "B" Office of Homeland Security FY 08 Urban Area Security Initiative Grant Program Award # 2008-0006 FIPS #065-62000 CFDA #97.008 Reimbursement Request # Mail Reimbursement Request to: DATE: City of Riverside Fire Department Office of Emergency ManagementlUASI Program A TTN: Grant Administrator 3085 Saint Lawrence Street Riverside, CA 92504 AGENCY: EXPENDITURE PERIOD: Type of Approved Reimbursements Total Unexpected Expenditures Budget Requested this Reimbursements Balanee of Period Requested to Approved Date Budget Equipment (1) $ $ $ $ Trainin2 (2) $ $ $ $ TOTAL $ $ $ S For questions regarding this reimbursement request contact: Name Phone Email Governor's Office of Homeland Security FY08 Urban Area Security Grant Grant: FY08 UASI Grant #2008-0006 FIPS #065-62000 CFDA #97.008 Supporting Information for Cash Request Cash Receipts# Under Penalty of Perjury I certify that: . I am the duly authorized officer of the claimant herein. . lIDs claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances This claim is for costs incurred within the grant performance period Printed Name: Phone Number: Title: Email Address: Mailing Address: Fax Number: Signature Date: Mail Reimbursement Requests to: City of Riverside Fire Department Office of Emergency ManagementlUASI Program A TIN: Grant Administrator 3085 Saint Lawrence Street Riverside, CA 92504 . ! l/) z 00 zl- -00 00 ~o. Zw l::!: w_ alI- I z..J <..J l/):::l u. u.o Ow 5~ :::l al ; ~ J J i ~" u I If) W I- o Z g:"O oS !:!c. CD 0 0"0 li::< ~ ~ ~ .: a; E Q= o e No.. CD o o N . ... o o N II i! '0 0.. Ol o cD o >- Ll.. "!: "0 ., "0 c: ::l - o c: c: o ., "in o D.. 00000000 00000000 ~~"";ci("")"";~o:i 00000000 00000000 ~"";~~M"-:"-:ai 00000000 00000000 "-:""':"":""':M......:......:ai c: o .. I! - .. c E 'tl < II .!:! 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'c - - - c 0 .. 0 0 CI> CI> 0 .. 0 E I~ E 0 CI> CI> CI> CI> CI> CI> CI> 0 .~ CI> CI> CI> CI> CI> 'c 'E 'c I- ~ ~ ~ ~ I- .~ .~ .~ .~ .~ 'c ... .~ .~ E .~ :; l- E E l- I: CI> ~ CI> 0 0 0 0 15 15 15 15 15 CI> 15 15 15 0 III 15 CI> 0 -;: I/) en 0.. 0.. ~ ~ 0.. 0.. 0.. 0.. 0.. en 0.. 0.. 0.. U 0::: 0.. :::; U (,) 0 ... N "" on N N N N N N N ,.N N N .' , ! i~~ ~~ ~. ."cCI Exhibit "B" San Bernardino Police Department Urban Area Security Initiative Grant FY 2008 Expenditure Plan Account Obiect and Title LENCO Bearcat Rescue Vehicle Interoperable Communications Vehicle Regional Active Shooter Training Amount $340,000.00 $340,000.00 $ 75,000.00 Grant total $755,000.00 Exhibit "B" San Bernardino Police Department Urban Area Security Initiative Grant FY 2008 Expenditure Plan Narrative LENCO Bearcat Rescue Vehicle VASI funding will be used in purchasing a Chemical, Biological, Radiological, Nuclear Explosive (CBRNE) rescue vehicle to enhance response to terrorist and all hazard events. The vehicle is a ballistic capable vehicle that will be utilized to enhance police response and safeguard lives. The CBRNE vehicle is rated to safely enter CBRNE terrorism event areas and rescue citizens and first responder personnel. The Bearcat is a shared asset that will be deployed at the SBPD and utilized for regional response to terrorism and all hazard incidents. While not in use as a terrorism response vehicle the Bearcat will be used as a swat vehicle for critical incident response and will be used as a ballistic capable rescue vehicle for all hazard incidents. LENCO Bearcat CBRNE Response Vehicle Total $340,000.00 Interoperable Communications Vehicle VASI funding will be used to purchase an interoperable communications vehicle for the City of San Bernardino. RVA is developing an interoperable communications plan for our urban area that outlines the importance of timely deployment of effective communications / technology into the field that will allow the City to provide interoperable communications between agencies during terrorist or all hazard events. During terrorist and all hazard events self contained technological access to networking features, such as, field wireless hotspots and satellite based networking up/down links are essential. This specialty vehicle will be a self-contained unit that can be shared between all of the City's major departments during critical/emergency field incidents and during planned tactical events. The goal of this unique funding is to allow the City of San Bernardino to acquire sufficient technology to match existing assets operated by the City of Riverside and the City of Ontario (the other VASI partners). Interoperable Communications Vehicle Total $340,000.00 Regional Active Shooter Training A regional POST certified training program designed to ensure uniform tactics and response to active shooter incidents is essential to mitigate and eliminate threats quickly. A large-scale event of this type will require a regional response from allied police agencies. The funding will be used to obtain the necessary equipment and simunitions to execute the training. The training will be conducted at the SBPD range and other regional training facilities with VASI partners over the next two years. Active Shooter Training Total $75,000.00 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 2008 TIllS MEMORANDUM OF UNDERSTANDING (MOU) is effective December 30, 2008, between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT and the CITY OF SAN BERNARDINO ("Participating Agency") under the following terms and conditions: I. 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; I. NIMSCAST Report and 2. Single Audit Report. 6. The Participating Agency agrees to submit a Reimbursement Request Form (Attachment B) by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 7. The Participating Agency agrees to submit at the time of signing of this MOU, and on October I of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 7.1 below for each of those categories (Attachment C). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required 1isting of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. I Memorandum of Understanding - Urban Area Security Initiative Grant Funding 7.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban areajurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of the Code of Federal Regulations (CFR) 291910.120 Section Q and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) - Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) - Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground-based and aeromedical services to provide pre-hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22.Social Security, Division 9 Pre-hospital Emergency Medical Services Chapter 2, 3 or 4. KazMat (HZ) - Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 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 fisca1 year agree to submit an orgsoni7J1tion 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-B3 (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 UASI 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 pre-approved expenditure details as submitted to the City and approved 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding by the State of California Office of Homeland Security (CA-OHS) and the U.S. Department of Homeland Security Grants Program Directorate. Any deviations from the pre-approved list shall be submitted to the City for approval before making such expenditures. 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 al1liability arising out of the City's acts or omissions under this MOU. 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. CITY OF RIVERSIDE PARTICIPATING AGENCY By: By: Title: Title: Attest: Attest: By: By: Colleen 1. Nicol Title: Title: City Clerk Approved as to form: Approved as to form: By: James E. Brown James F. Penman Title: Supervising Deputy City Attorney City Attorney 3 AT'J'ACIIMENT . A . Office of Homeland Security FY08 Grant Assurances (All HSGP Applicants) Name of Applicant: Address: City: State: Zip Code: Telephone Number: Fax Number: E-Mail Address: As the duly authorized representative of the applicant, I certifY that the applicant named above: I. 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 federal Department of Homeland Security and sub-granted through the State of California, Governor's Office of Homeland Security (OHS). 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. 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 lusticelHomeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defmed by the Fusion Capability Planning Tool. 5. Will provide progress reports and such other 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 a report in the Grant Reporting Tool (GRT) twice each year. 6. Will initiate and complete the work within the applicable time frame after receipt of approval from OHS. 7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including part 13.1 regarding the payment of interest earned on advances. Page 1 Initials 8. 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. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women-owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a significant impact on award-supported activities, including changes to key program staff. II. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 V.S.C. ~~ 4801 et seq.) which prohibits the use oflead based paint in construction or rehabilitation of residence structures. 12. Understands and agrees 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 FEMA. 13. Will comply with all federal 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 of1972, as amended (20 V.S.C. ~~ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.c. ~ 794) which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 V.S.C. ~~ 6101-6107) which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. ~~ 523 and 527 of the Public Health Service Act of 1912 (42 V.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 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. Title 44 CFR Parts 7,16, and 19 relating to nondiscrimination. m. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event 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 rmding to the Office of Civil Rights, Office of Justice Programs. Page 2 Initials o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision ofthe current edition of the Office ofJustice Programs Financial and Administrative Guide for Grants, M7100.1. 14. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. !i 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 Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and federally-assisted programs. 15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (p.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 (ten thousand dollars) or more. 16. 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 ofa project will require re-evaluation of compliance with these EHP requirements. 17. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval ofFEMAlOHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. Any construction related activities initiated prior to full environmental and historic preservation (EHP) review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify OHS/FEMA and the appropriate State Historic Preservation Office. 18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 19. Will provide any information requested by FEMAlOHS to insure 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 Page 3 Initials (EOI1988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (EOI1514). b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to EO 11738. d. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of1972 (16 U.S.C. ~~ 1451 et seq.). e. Conformity of federal actions to State (Clean Air) Implementation Plans under Section I 76(c) of the Clean Air Act of 1955, as amended (42 U.S.c. ~ 7401 et seq.). f. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (p.L. 93-523). g. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. 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. i. 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. j. 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 re-evaluation of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval ofFEMAlOHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, Section 8607.I(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 21. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 22. Has requested through the State of California, federal [mancial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal [mancial assistance, through the State of California, agree 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. Page 4 Initials 23. Will comply with the Intergovernmental Personnel Act of 1970 (42 V.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). 24. Will comply with provisions ofthe Hatch Act (5 V.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. 25. 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. 26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (p. L. 89-544, as amended, 7 V.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. 27. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 V.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 28. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 V.S.C. Section 276a to 276a-7), the Copeland Act (40 V.S.C. Section 276c and 18 V.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 V.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub-agreements. 29. 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 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 offact 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, V.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. 30. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the Page 5 Initials 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 conformance with that Strategy. 31. 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. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, AI 02, A-I 10, A-122, and A-B3, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Will comply with provisions of28 CFR applicable to grants and cooperative agreements, Including: a. Part 18, Administrative Review Procedures. b. Part 20, Criminal Justice Information Systems. c. Part 22, Confidentiality ofIdentiflable Research and Statistical Information. d. Part 23, Criminal Intelligence Systems Operating Policies. e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith-based Organizations. h. Part 63, Floodplain Management and Wetland Protection Procedures. i. Part 42, NondiscriminationlEquaI Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. \. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government-Wide Debarment and Suspension (Non-Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non- Profit Organizations. p. Part 83, Government-Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II ofthe Americans with Disabilities Act (ADA) 1990. 35. 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. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initials 37. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current US Department of Homeland Security (DHS) Financial Management Guide. 38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2008 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 FY2008 Homeland Security Grant Program application. Further, use ofFY08 funds is limited to those investments included in the California FY08 Investment Justifications submitted to DHSIFEMA and evaluated through the peer review process. 39. Acknowledges that FEMA reserves a royalty-free, non exclusive, 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. the recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 40. 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." 41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 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. (ii) 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. (iii) 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 (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and Page 7 Initials 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. 42. Agrees to comply with the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 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. (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) 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 (2) 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, ATTN: 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. (1) 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 Page 8 Initials (2) 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). 43. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 44. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 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 applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Page 9 Initials ATfACHMENT "B" Office of Homeland Security FY 08 Urban Area Security Initiative Grant Program Award # 2008-0006 FIPS #065-62000 CFDA #97.008 Reimbursement Request # Mail Reimbursement Reauest to: DATE: City of Riverside Fire Department Office of Emergency Management/UASI Program A TIN: Grant Administrator 3085 Saint Lawrence Street Riverside, CA 92504 AGENCY: EXPENDITURE PERIOD: Type of Approved Reimbursements Total Unexpected Expenditures Budget Requested this Reimbursements Balance of Period Requested to Approved Date Budget Equipment (1) $ $ $ $ Traininl!: (2) $ $ $ $ TOTAL $ $ $ $ For questions regarding this reimbursement request contact: Name Phone Email Governor's Office of Homeland Security FY08 Urban Area Security Grant Grant: FY08 UASI Grant #2008-0006 FIPS #065-62000 CFDA #97.008 Supporting Information for Cash Request Cash Receipts# Under Penalty of Perjury I certify that: . I am the duly authorized officer of the claimant herein. . This claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances This claim is for costs incurred within the grant performance period Printed Name: Phone Number: Title: Email Address: Mailing Address: Fax Number: Signature Date: Mail Reimbursement Requests to: City of Riverside Fire Department Office of Emergency Management/UASI Program AnN: Grant Administrator 3085 Saint Lawrence Street Riverside, CA 92504 . . C/) UI Z W oQ fo- 0 Zl- z -C/) '" 00 0 -0 ~Q. 0 .. - !:!o.. ... 0 Zw 0-0 a:::i!: ~< w_ ~ ~ a:ll- . Z...J o I: N - c{...J - E C/);:) ~= o f U- No.. U.O ... Ow 0 0 t:l1i N . t- O uS 0 N ;) In . . . ~ .. , ,. " J n ~ , ~ i u ~'" I ~t: ! 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Exhibit "B" San Bernardino Police Department Urban Area Security Initiative Grant FY 2008 Expenditure Plan Account Obiect and Title LENCO Bearcat Rescue Vehicle Interoperable Communications Vehicle Regional Active Shooter Training Amount $340,000.00 $340,000.00 $ 75,000.00 Grant total $755,000.00 Exhibit "B" San Bernardino Police Department Urban Area Security Initiative Grant FY 2008 Expenditure Plan Narrative LENCO Bearcat Rescue Vehicle VASI funding will be used in purchasing a Chemical, Biological, Radiological, Nuclear Explosive (CBRNE) rescue vehicle to enhance response to terrorist and all hazard events. The vehicle is a ballistic capable vehicle that will be utilized to enhance police response and safeguard lives. The CBRNE vehicle is rated to safely enter CBRNE terrorism event areas and rescue citizens and first responder personnel. The Bearcat is a shared asset that will be deployed at the SBPD and utilized for regional response to terrorism and all hazard incidents. While not in use as a terrorism response vehicle the Bearcat will be used as a swat vehicle for critical incident response and will be used as a ballistic capable rescue vehicle for all hazard incidents. LENCO Bearcat CBRNE Response Vehicle Total $340,000.00 Interoperable Communications Vehicle VASI funding will be used to purchase an interoperable communications vehicle for the City of San Bernardino. RVA is developing an interoperable communications plan for our urban area that outlines the importance oftirnely deployment of effective communications / technology into the field that will allow the City to provide interoperable communications between agencies during terrorist or all hazard events. During terrorist and all hazard events self contained technological access to networking features, such as, field wireless hotspots and satellite based networking up/down links are essential. This specialty vehicle will be a self-contained unit that can be shared between all of the City's major departments during criticaVemergency field incidents and during planned tactical events. The goal of this unique funding is to allow the City of San Bernardino to acquire sufficient technology to match existing assets operated by the City of Riverside and the City of Ontario (the other UASI partners). Interoperable Communications Vehicle Total $340,000.00 Regional Active Shooter Training A regional POST certified training program designed to ensure uniform tactics and response to active shooter incidents is essential to mitigate and eliminate threats quickly. A large-scale event of this type will require a regional response from allied police agencies. The funding will be used to obtain the necessary equipment and sirnunitions to execute the training. The training will be conducted at the SBPD range and other regional training facilities with VASI partners over the next two years. Active Shooter Training Total $75,000.00