HomeMy WebLinkAbout2016-037 I RESOLUTION NO. 2016-37
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDING
3 BETWEEN THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
4 AND THE CITY OF SAN BERNARDINO FOR THE PURPOSE OF ACCEPTING AND
ADMINISTERING THE 2015 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The City Manager, or his designee, is hereby authorized and directed to
8
9 execute a Memorandum of Understanding (MOU) and Assurances, regarding reimbursement
10 guidelines for the 2015 UASI grant expenditures; a copy of which is attached and incorporated
11 herein as Exhibits "B" & "C" respectively; and
12 SECTION 2. The City Manager, or his designee, is authorized to accept and administer
13 the FY 2015 Urban Area Security Initiative Grant Program from the City of Riverside Office of
14 Emergency Management in the amount of$160,000 for equipment purchases as outlined in the
15 attached Expenditure Plan submitted by the Chief of Police, marked Exhibit "D" and by this
16 reference made a part hereof; and
17
SECTION 2. The City Manager, or his designee, is authorized to appropriate and
18
expend $160,000 in additional grant funds in account number 123-210-8043 and incorporate the
19
changes into the City's FY 2015-2016 budget.
20
21
22
23
24
25
1
i RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING A MEMORANDUM OF UNDERSTANDIN
2 BETWEEN THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
AND THE CITY OF SAN BERNARDINO FOR THE PURPOSE OF ACCEPTING AN
3 ADMINISTERING THE 2015 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a joint regulaar meeting thereof, held on the
6
7t" day of March, 2016, by the following vote, to wit:
7
COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
8
MARQUEZ X
9
BARRIOS X
10 VALDIVIA X
11 SHORETT X
12 NICKEL X
RICHARD X
13
MULVIHILL X
14 --�
15
Georga nn Hama, MC, City Clerk
16 "
The foregoing Resolution is hereby approved this V da o March, 2016.
17 �tle�7
18 R. T Carey Davis, ayor
City of San Bdino
19 Approved as to form: , ar
20 Gary D. Saenz, City Attorney
21
By: -
22
23
24
25
2
2016-37
Memorandum of Understanding- Urban Area Security Initiative Grant Funding
2016 FEB 2G P1l 2: 22
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 2015
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective March 7
20j6,between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
and the City of San Bernardino ("Participating Agency") 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 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.
1
2016-37
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 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 approved project expenditures and allowable costs as submitted to the
City and approved by the California Office of Emergency Services (Cal OES)
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 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.
12. The Participating Agency agrees to provide the Certificate of Non-Supplanting
(Attachment B).
13. The Participating Agency agrees to provide the Certification regarding
Debarment, Suspension and Other responsibility matters(Attachment Q.
14. The Participating Agency agrees to replace all UASI funded equipment if lost,
stolen, or damaged beyond repair, the equipment shall be replaced with that of
like kind or capability, at the custodial agency's own expense.
15. The Subgrantee Performance Period for the FY 2015 UASI funding cycle is from
September 1, 2015 to May 31, 2018.
2
2016-37
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.
CITY OF RIVERSIDE PARTICIPATING AGENCY
By: By:
Mark Scott
Title: Title: City Manager
Attest: Attest:
By: By:
Colleen J.Nicol Georgeanna Hanna, CMC
Title: Title: City Clerk
City Clerk
Approved as to form:
By:
Neil Okazaki
Title:
Supervising Deputy City Attorney
3
2016-37
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
(Governing Body)
OF THE THAT
(Name of Applicant)
OR
(Name or Title of Authorized Agent)
OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity
established under the laws of the State of California, any actions necessary for the purpose of
obtaining federal financial assistance provided by the federal Department of Homeland Security
and sub-granted through the State of California.
Passed and approved this day of , 20
Certification
I, Georgeanna Hanna , duly appointed and
(Name)
City Clerk of the City of San Bernardino
(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)
7th day of March 92016
City Clerk
(Official Position)
4
2016-37
Memorandum of Understanding- Urban Area Security Initiative Grant Funding
(Signature)
5
2016-37
RIVERSIDE URBAN AREA SECURITY INITIATIVE
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before
completing this form. Signature of this form provides for compliance with certification requirements under the
applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Non-procurement).
The certification shall be treated as a material representation of fact upon which reliance will be placed when the
Agency determines to award the covered transaction or cooperative agreement.
If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment. The applicant shall provide immediate
written notice to the person to whom this proposal is submitted if at any time the applicant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR,
for prospective participants in covered transactions,as defined in the applicable CFR
1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions
by any Federal department or agency (Note: The terms "covered transaction," "debarred," "suspended,"
"ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549.);
b. Have not within a three-year period preceding this application been conflicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this
certification;and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal,State,or local)terminated for cause or default;and
2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach as
explanation to this application.
City of San Bernardino
Authorized Agent Signature Business Name
Mark Scott 300 North "D" Street
Name Printed or Typed Street Address
San Bernardino, CA 92418
Date City,State,Zip Code
2016-37
Certificate of Non-Supplanting
My signature below affirms that grant funds from the Urban Area
Security Initiative Grant will be used to supplement existing funds, and
will not replace (supplant) funds that have been appropriated for the
same purpose.
Designated Agent:
Mark Scott
Printed Name
Signature
City Manager
Title
City of San Bernardino
Agency
2016-37
Cal OES
GOVERNOR*$OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the
legal authority to apply for Federal assistance and the institutional, managerial and financial capability
(including funds sufficient to pay any non-Federal share of project cost) to ensure proper planning,
management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal
grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in
updates issued by the Office of Management and Budget(OMB) on http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents
listed above) are called out below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board or authorized
body in support of this project. This written authorization must specify that the Applicant and the city
council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be
appropriated as required.
(b) That any liability arising out of the performance of this agreement shall be the responsibility
of the Applicant and the city council, governing board or authorized body.
(c) That grant funds shall not be used to supplant expenditures controlled by the city council,
governing board or authorized body.
(d) That the official executing this agreement is, in fact, authorized to do so.
Homeland Security Grant Program-2015 Grant Assurances Page 1 of 10
Initials
2016-37
This Proof of Authority must be maintained on file and readily available upon demand.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of
performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a
contract, grant, loan or cooperative agreement from an agency or requests or receives from an
agency a commitment providing for the United States to insure or guarantee a loan, the Applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act(5 U.S.C. §§1501-1508 and §§7324-
7328) which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation or policy without the express
written approval from the California Governor's Office of Emergency Services (Cal OES) or the
Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2
CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste,
fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings
with the Federal government. The Applicant certifies that it and its principals:
Homeland Security Grant Program-2015 Grant Assurances Page 2 of 10
Initials
2016-37
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transaction (Federal, State, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all Federal statutes relating to non-discrimination. These include, but
are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et.
seq.) which prohibits discrimination on the basis of race, color or national origin and requires
that recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42
U.S.C. 12101, et seq.);
(e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age;
(f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92-255), as amended (P.L. 96-181),
relating to nondiscrimination on the basis of Treatment or recovery from drug abuse;
(g) 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;
(h) Sections 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;
(i) 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;
Homeland Security Grant Program-2015 Grant Assurances Page 3 of 10
Initials
2016-37
(j) EO 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over$10,000 in Government business in one year
from discriminating in employment decisions on the basis of race, color, religion, sex, or
national origin;
(k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both
the United States federal workforce and on the part of government contractors;
(1) California Public Contract Code §10295.3, which addresses discrimination based on
domestic partnerships;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the
application.
In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair
Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in
employment because of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical
condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave
(California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting
illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant
certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with State and Federal environmental standards which may be prescribed
pursuant to the following, as applicable:
(a) California Environmental Quality Act(CEQA) (California Public Resources Code §§21000-
21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§15000-
15387);
(c) Federal Clean Water Act(CWA) (33 U.S.C. §1251 et seq.), which establishes the basic
structure for regulating discharges of pollutants into the waters of the United States and
regulating quality standards for surface waters.
(d) Institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on the Environmental Justice
Act(EO 12898) and Environmental Quality(EO 11514);
(e) Notification of Environmental Protection Agency(EPA) violating facilities pursuant to EO
11738;
(f) Protection of wetlands pursuant to EO 11990;
Homeland Security Grant Program-2015 Grant Assurances Page 4 of 10
Initials
2016-37
(g) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(h) Assurance of project consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.);
(i) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.);
Q) Protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523);
(k) Protection of endangered species under the Endangered Species Act of 1973, as amended
(P.L. 93-205);
(1) 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.
Finally, the Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist order
pursuant to §13301 of the California Water Code for violation of waste discharge requirements or
discharge prohibitions; or 3)finally determined to be in violation of federal law relating to air or water
pollution.
8. Audits
For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will
cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller
General of the United States and, if appropriate, the State, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the award.
The Applicant will require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10.Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or
subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting -Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability
and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of
Homeland Security Grant Program-2015 Grant Assurances Page 5 of 10
Initials
2016-37
subawards obligating $25,000 or more in federal funds and (b) executive compensation data for
first-tier subawards. This includes the provisions of FFATA, which includes requirements on
executive compensation, and also requirements implementing the Act for the non-Federal entity at
2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration
and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.
The Applicant also must comply with statutory requirements for whistleblower protections at 10
U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C.
§6101 et seq.
13. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award
recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the
period of time that the award is in effect (2) Procuring a commercial sex act during the period of
time that the award is in effect or (3) Using forced labor in the performance of the award or
subawards under the award.
14. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) Comply with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), as
applicable,and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract
Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for
federally-assisted construction contracts or subcontracts.
(b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
15.Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured against
liability for Worker's Compensation before commencing performance of the work of this Agreement,
as per California Labor Code §3700.
16. Property-Related
If applicable to the type of project funded by this Federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of
Federal or federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchase.
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard
Homeland Security Grant Program-201S Grant Assurances Page 6 of 10
Initials
2016-37
area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §469a-1 et seq.).
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR
Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
17. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the awarding
agency. Will record the Federal awarding agency directives and will include a covenant in
the title of real property acquired in whole or in part with Federal assistance funds to assure
nondiscrimination during the useful life of the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the complete work conforms with the approved plans and specifications
and will furnish progressive reports and such other information as may be required by the
assistance awarding agency or State.
18. Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities which is
under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The
Applicant should also consult its own State and local laws and regulations regarding the release of
information, which should be considered when reporting sensitive matters in the grant application,
needs assessment and strategic planning process.
19. California Public Records Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities may be
subject to the California Public Records Act (California Government Code §§6250-6276.48), which
requires inspection and/or disclosure of governmental records to the public upon request, unless
exempted by law.
Homeland Security Grant Program-2015 Grant Assurances Page 7 of 10
Initials
2016-37
HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES/
CERTIFICATIONS
20. Personally Identifiable Information
Subrecipients collecting Personally Identifiable Information (Pll) must have a publically-available
policy that describes what PI they collect, how they plan to use the PI I, whether they share PI with
third parties, and how individuals may have their PII corrected where appropriate.
21. Disposition of Equipment
When original or replacement equipment acquired under this award is no longer needed for the
original project or program or for other activities currently or previously supported by the
Department of Homeland Security/Federal Emergency Management Agency, subrecipients must
request instructions from Cal OES on proper disposition of equipment.
22. Reporting Accusations and Findings of Discrimination
If, during the past three years, the subrecipient has been accused of discrimination on the grounds
of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the subrecipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to Cal OES for reporting to the DHS
awarding office and the DHS Office of Civil Rights and Civil Liberties.
If any court or administrative agency makes a finding of discrimination on grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion or familial status
against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination,
subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the
DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
23.Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags
All subrecipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or
reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first produced
under Federal financial assistance awards, unless the work includes any information that is
otherwise controlled by the Government (e.g., classified information or other information subject to
national security or export control laws or regulations).
Homeland Security Grant Program-2015 Grant Assurances Page 8 of 10
Initials
2016-37
25. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issues in
compliance with this Act.
26. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space funded in
whole or in part with Federal funds complies with Section 6 of the fire prevention and control
guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a.
27.Terrorist Financing E.O. 13224
All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and organizations
associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the
E.O. and laws.
28. USA Patriot Act of 2001
All subrecipients must comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act),
which amends 18 U.S.C. §§175-175c.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all
federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees
that state financial assistance will be extended based on the representations made in this assurance.
This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to
comply with any of the above assurances may result in suspension, termination, or reduction of grant
funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and
available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may
result in suspension of payments under the grant or termination of the grant or both and the
subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the
following has occurred: (1) the recipient has made false certification, or (2) violates the certification by
failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all
subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts.
Homeland Security Grant Program-2015 Grant Assurances Page 9 of 10
Initials
2016-37
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:
Homeland Security Grant Program-2015 Grant Assurances Page 10 of 10
Initials
2016-37
Memorandum of Understanding- Urban Area Security Initiative Grant Funding
2016 FEB 24 P11 2: 22
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 2015
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective March 7 ,
20j 6 between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
and the City of San Bernardino ("Participating Agency") 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.
lj
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 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.
1
2016-37
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 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 approved project expenditures and allowable costs as submitted to the
City and approved by the California Office of Emergency Services (Cal OES)
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 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.
12. The Participating Agency agrees to provide the Certificate of Non-Supplanting
(Attachment B).
13. The Participating Agency agrees to provide the Certification regarding
Debarment, Suspension and Other responsibility matters (Attachment Q.
14. The Participating Agency agrees to replace all UASI funded equipment if lost,
stolen, or damaged beyond repair, the equipment shall be replaced with that of
like kind or capability, at the custodial agency's own expense.
15. The Subgrantee Performance Period for the FY 2015 UASI funding cycle is from
September 1, 2015 to May 31, 2018.
2
2016-37
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.
CITY OF RIVERSIDE PARTICIPATING AGENCY
By: By: A�e
Alexa der T. Nguyen Mark Scott
Title: Assi ant City Manager Title: City Manager
Attest: Attest:
Y.
By:
Coll en J.Nicol Geor anna an CMC
Title: Title: City Clerk
City Clerk
Dated: April 20, 2016
Approved as
t,3zakT By: Vr
Neil
Title:
gupefv is g Deputy City Attorney
3
2016-37
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
(Governing Body)
OF THE THAT
(Name of Applicant)
OR
(Name or Title of Authorized Agent)
OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity
established under the laws of the State of California, any actions necessary for the purpose of
obtaining federal financial assistance provided by the federal Department of Homeland Security
and sub-granted through the State of California.
Passed and approved this day of , 20
Certification
h Georgeanna Hanna , duly appointed and
(Name)
CitT!erk of the City of San Bernardino
(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)
7th day of March , 2016
City Clerk
(Official Position)
4
2016-37
Memorandum of Understanding- Urban Area Security Initiative Grant Funding
(Signature
5
2016-37
RIVERSIDE URBAN AREA SECURITY INITIATIVE
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before
completing this form. Signature of this form provides for compliance with certification requirements under the
applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Non-procurement).
The certification shall be treated as a material representation of fact upon which reliance will be placed when the
Agency determines to award the covered transaction or cooperative agreement.
If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment. The applicant shall provide immediate
written notice to the person to whom this proposal is submitted if at any time the applicant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR,
for prospective participants in covered transactions,as defined in the applicable CFR
1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions
by any Federal department or agency(Note: The terms "covered transaction," "debarred," "suspended,"
"ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549.);
b. Have not within a three-year period preceding this application been conflicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this
certification;and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal,State,or local)terminated for cause or default;and
2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach as
explanation to this application.
City of San Bernardino
Authorized Agent Signature Business Name
Mark Scott 300 North "D" Street
Name Printed or Typed Street Address
r�/w San Bernardino, CA 92418
Date City,State,Zip Code
2016-37
Certificate of Non-Supplanting
My signature below affirms that grant funds from the Urban Area
Security Initiative Grant will be used to supplement existing funds, and
will not replace (supplant) funds that have been appropriated for the
same purpose.
Designated Agent:
Mark Scott
Printed Name
Atw_
Signature
City Mansger
Title
City of San Bernardino
Agency
2016-37
Qd OFS
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the
legal authority to apply for Federal assistance and the institutional, managerial and financial capability
(including funds sufficient to pay any non-Federal share of project cost) to ensure proper planning,
management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity(NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal
grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in
updates issued by the Office of Management and Budget(OMB) on http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents
listed above) are called out below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board or authorized
body in support of this project. This written authorization must specify that the Applicant and the city
council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be
appropriated as required.
(b) That any liability arising out of the performance of this agreement shall be the responsibility
of the Applicant and the city council, governing board or authorized body.
(c) That grant funds shall not be used to supplant expenditures controlled by the city council,
governing board or authorized body.
(d) That the official executing this agreement is, in fact, authorized to do so.
Homeland Security Grant Program-2015 Grant Assurances Page 1 of 1
Initials /14-5
2016-37
This Proof of Authority must be maintained on file and readily available upon demand.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of
performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a
contract, grant, loan or cooperative agreement from an agency or requests or receives from an
agency a commitment providing for the United States to insure or guarantee a loan, the Applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act(5 U.S.C. §§1501-1508 and §§7324-
7328) which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation or policy without the express
written approval from the California Governor's Office of Emergency Services (Cal OES) or the
Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2
CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste,
fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings
with the Federal government. The Applicant certifies that it and its principals:
Homeland Security Grant Program-2015 Grant Assurances Page 2pf1
Initials /I��
2016-37
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transaction (Federal, State, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all Federal statutes relating to non-discrimination. These include, but
are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et.
seq.)which prohibits discrimination on the basis of race, color or national origin and requires
that recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42
U.S.C. 12101, et seq.);
(e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age;
(f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92-255), as amended (P.L. 96-181),
relating to nondiscrimination on the basis of Treatment or recovery from drug abuse;
(g) 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;
(h) Sections 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;
(i) 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;
Homeland Security Grant Program-2015 Grant Assurances Page.3�f,],q
Initials N
LUlb-3/
(j) EO 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over$10,000 in Government business in one year
from discriminating in employment decisions on the basis of race, color, religion, sex, or
national origin;
(k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both
the United States federal workforce and on the part of government contractors;
(1) California Public Contract Code §10295.3, which addresses discrimination based on
domestic partnerships;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the
application.
In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair
Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in
employment because of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical
condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave
(California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting
illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant
certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with State and Federal environmental standards which may be prescribed
pursuant to the following, as applicable:
(a) California Environmental Quality Act(CEQA) (California Public Resources Code §§21000-
21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§15000-
15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic
structure for regulating discharges of pollutants into the waters of the United States and
regulating quality standards for surface waters.
(d) Institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Orders(EO) on the Environmental Justice
Act(EO 12898) and Environmental Quality(EO 11514);
(e) Notification of Environmental Protection Agency (EPA)violating facilities pursuant to EO
11738;
(f) Protection of wetlands pursuant to EO 11990;
Homeland Security Grant Program-201S Grant Assurances Page 4 of ID
Initials /_t5
2016-37
(g) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(h) Assurance of project consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.);
(i) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended(42 U.S.C. §7401 et seq.);
(j) Protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523);
(k) Protection of endangered species under the Endangered Species Act of 1973, as amended
(P.L. 93-205);
(1) 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.
Finally, the Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist order
pursuant to §13301 of the California Water Code for violation of waste discharge requirements or
discharge prohibitions; or 3)finally determined to be in violation of federal law relating to air or water
pollution.
8. Audits
For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will
cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller
General of the United States and, if appropriate, the State, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the award.
The Applicant will require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or
subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting -Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability
and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of
Homeland Security Grant Program-2015 Grant Assurances Page)51,�0
Initials Ar
2016-37
subawards obligating $25,000 or more in federal funds and (b) executive compensation data for
first-tier subawards. This includes the provisions of FFATA, which includes requirements on
executive compensation, and also requirements implementing the Act for the non-Federal entity at
2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration
and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.
The Applicant also must comply with statutory requirements for whistleblower protections at 10
U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C.
§6101 et seq.
13. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award
recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the
period of time that the award is in effect (2) Procuring a commercial sex act during the period of
time that the award is in effect or (3) Using forced labor in the performance of the award or
subawards under the award.
14. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) Comply with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), as
applicable,and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract
Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for
federally-assisted construction contracts or subcontracts.
(b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16.Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured against
liability for Worker's Compensation before commencing performance of the work of this Agreement,
as per California Labor Code §3700.
16. Property-Related
If applicable to the type of project funded by this Federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of
Federal or federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchase.
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard
Homeland Security Grant Program-2015 Grant Assurances Page 6 0
Initials
2016-37
area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §469a-1 et seq.).
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR
Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
17. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the awarding
agency. Will record the Federal awarding agency directives and will include a covenant in
the title of real property acquired in whole or in part with Federal assistance funds to assure
nondiscrimination during the useful life of the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the complete work conforms with the approved plans and specifications
and will furnish progressive reports and such other information as may be required by the
assistance awarding agency or State.
18. Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities which is
under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The
Applicant should also consult its own State and local laws and regulations regarding the release of
information, which should be considered when reporting sensitive matters in the grant application,
needs assessment and strategic planning process.
19. California Public Records Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities may be
subject to the California Public Records Act (California Government Code §§6250-6276.48), which
requires inspection and/or disclosure of governmental records to the public upon request, unless
exempted by law.
Homeland Security Grant Program-201S Grant Assurances Page 7 Qf_10
Initials ��
2016-37
HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES/
CERTIFICATIONS
20. Personally Identifiable Information
Subrecipients collecting Personally Identifiable Information (PII) must have a publically-available
policy that describes what PII they collect, how they plan to use the PII, whether they share PII with
third parties, and how individuals may have their PII corrected where appropriate.
21. Disposition of Equipment
When original or replacement equipment acquired under this award is no longer needed for the
original project or program or for other activities currently or previously supported by the
Department of Homeland Security/Federal Emergency Management Agency, subrecipients must
request instructions from Cal OES on proper disposition of equipment.
22. Reporting Accusations and Findings of Discrimination
If, during the past three years, the subrecipient has been accused of discrimination on the grounds
of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the subrecipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to Cal OES for reporting to the DHS
awarding office and the DHS Office of Civil Rights and Civil Liberties.
If any court or administrative agency makes a finding of discrimination on grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion or familial status
against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination,
subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the
DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
23.Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags
All subrecipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or
reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first produced
under Federal financial assistance awards, unless the work includes any information that is
otherwise controlled by the Government (e.g., classified information or other information subject to
national security or export control laws or regulations).
Homeland Security Grant Program-2015 Grant Assurances Page 8 0
Initials
2016-37
25. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issues in
compliance with this Act.
26. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space funded in
whole or in part with Federal funds complies with Section 6 of the fire prevention and control
guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a.
27.Terrorist Financing E.O. 13224
All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and organizations
associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the
E.O. and laws.
28. USA Patriot Act of 2001
All subrecipients must comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act),
which amends 18 U.S.C. §§175-175c.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all
federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees
that state financial assistance will be extended based on the representations made in this assurance.
This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to
comply with any of the above assurances may result in suspension, termination, or reduction of grant
funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and
available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may
result in suspension of payments under the grant or termination of the grant or both and the
subrecipient may be ineligible for award of any future grants if the Cal IDES determines that any of the
following has occurred: (1) the recipient has made false certification, or (2) violates the certification by
failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all
subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts.
Homeland Security Grant Program-2015 Grant Assurances Page 9 f 10
Initials
2016-37
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: Mark Scott
Title: City Manager Date:
Homeland Security Grant Program-2015 Grant Assurances Page 10 pf1
Initials