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HomeMy WebLinkAbout05.K- Administration of 2015 Urban Area Security Initiative Grant - between City of Riverside Office of Emergency Management and City of San Bernardino 5.K RESOLUTION (ID # 4320) DOC ID: 4320 C CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Grant From: Jarrod Burguan M/CC Meeting Date: 03/07/2016 Prepared by: Susan Stevens, Dept: Police Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Memorandum of Understanding Between the City of Riverside Office of Emergency Management and the City of San Bernardino for the Purpose of Accepting and Administering the 2015 Urban Area Security Initiative (UASI) Grant. (#4320) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: 0.00 Account No. 123-210-8043 Account Description: UASI FY15/16 Balance as of: 0.00 Balance after approval of this item: $160,000.00 Motion: Adopt the Resolution. Synopsis of Previous Council Action: 7/18/2011 Resolution # 2011-230 adopted authorizing an MOU with the City of Riverside Office of Emergency Management to accept and administer the 2010 UASI Grant 9/20/2010 Resolution #2010-324 adopted authorizing an MOU with the City of Riverside Office of Emergency Management to accept and administer the 2009 UASI Grant 4/6/2009 Resolution #2009-75 adopted authorizing an MOU with the City of Riverside Office of Emergency Management and the obligation and expenditure of UASI grant funds. Background: The City of San Bernardino has been designated as a high-threat urban area by the Department of Homeland Security (DHS) and can submit project proposals to the City of Riverside for Urban Area Security Initiative (UASI) funds. The intent of the UASI program is to enhance regional preparedness and expand collaboration efforts in the region. In 2008, the City of San Bernardino became a member of the Riverside Area UASI in cooperation with cities of Riverside and Ontario. Historically, the City has received funding from UASI for both Police and Fire programs. In 2008, UASI funds were approved for the purchase of the Police Bearcat vehicle and Updated: 3/3/2016 by Georgeann "Gigi" Hanna C I Packet Pg. 104 5.K 4320 to conduct regional Active Shooter Training. The 2009 UASI grant provided funding for the Fire Department's CERT program, the Police Department's all-terrain rescue vehicle, and additional Active Shooter Training. In 2011, the UASI award of $440,000 was used to install and implement the first stage of the City's Downtown Camera Protection Zone with 11 security cameras installed throughout downtown San Bernardino. The Downtown Camera Protection Zone continues to expand through additional funding from CDBG, Police AB109 funds, and other grant and City funds. The FY2015 Project Proposal for funds was approved by UASI on November 16, 2015. The proposed project will add a regionally deployable and sharable module to the San Bernardino Downtown Camera Protection Zone allowing the City of San Bernardino and partner agencies to use self-sustaining (solar powered) mobile camera equipment that can be deployed over extended periods of time allowing command managers to have aerial views from strategic locations. Camera video will be recorded and available for after-event download archiving. The cameras will use the existing Downtown Camera system which will enable commanders to view camera data in the field, on portable devices, or in command centers via the Internet. The project, once established, is expandable and can service multiple events at one time. With this portable remote camera system, command managers will be able to select deployment locations. The system will include a high-ground observation tower allowing the camera system to be placed in or around selected event locations. Assets will be relatively simple to deploy and viewing software allows remote control over pan-tilt-zoom cameras connected to the system. This project proposes two self-sustaining, solar powered, light camera trailers with 20- 30 foot rising masts that can be positioned within the operational area of most high- density, high-threat events to provide tactical view of activities. The deployable camera trailers can record video data for approximately 21-30 days while operating without noisy gas generators. The system will also provide the ability to have real-time eyes-on subject viewing. The San Bernardino Police Department was awarded $160,000.00 from the FY15 Urban Area Security Initiative (UASI) Grant by the City of Riverside Office of Emergency Management for the purchase of the proposed camera system. Copy of the FY'15 UASI grant award letter is attached hereto as Exhibit "A." The grant performance period is 9/1/15 through 5/31/2018. Payments for expenditures approved in this grant will be on a reimbursement basis by the City of Riverside. Grant program number 123-210- 8043 has been established for this grant. City Attorney Review: Supporting Documents: Resolution UASI grant (DOC) AwardLetter Exhibit A (PDF) Complete MOU Exhibit B (PDF) Exhibit C (PDF) Expend iturePlan-Exhibit D (PDF) Updated: 3/3/2016 by Georgeann "Gigi" Hanna C Packet Pg. 105 5.K.a 1 RESOLUTION NO. 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 co Q execute a Memorandum of Understanding (MOU) and Assurances, regarding reimbursement LO 9 c N 10 guidelines for the 2015 UASI grant expenditures; a copy of which is attached and incorporated >- 4- 0 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 0 N 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 a 16 70 reference made a part hereof; and 17 0 SECTION 2. The City Manager, or his designee, is authorized to appropriate and 18 u0, 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 Q 22 23 24 25 1 Packet Pg. 106 5.K.a 1 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 meeting thereof, 6 held on the day of , 2016, by the following vote, to wit: c 7 i COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT _� 8 N a MARQUEZ Ln Ln 9 r BARRIOS N to VALDIVIA 0 11 SHORETT �a 12 NICKEL Q. RICHARD a 13 MULVIHILL N 14 c 15 i Georgeann Hanna, City Clerk a� 16 Q The foregoing Resolution is hereby approved this of 2016. c 17 0 r 18 R. Carey Davis, Mayor City of San Bernardino 19 Approved as to form: E 20 Gary D. Saenz, City Attorney R 21 Q By: 22 23 24 25 2 Packet Pg. 107 Fire Department City of Arts&Innovation November 16, 2015 Michael Madden, Lieutenant City of San Bernardino Police Department 710 North D Street ' c San Bernardino, CA 92401 RE: FY'15 Riverside Urban Areas Security Initiative(UASI) Project Approval Q Dear Lieutenant Madden: 0 N The California Office of Emergency Services (Cal OES) has approved the FT15 Riverside UASI grant application and has authorized the commencement of expenditures. The overall performance period of o the grant for Cal OES is 09/01/2015 through 05/31/2018. All purchases and expenditures must adhere to the purchasing milestones identified below. Additionally, Performance Bonds are required for any = equipment item over $250,000 or any vehicle, aircraft or watercraft, financed with homeland security Q. funds. a, 0 0 During the review process, Riverside UASI staff and Cal OES staff examined and evaluated your project Q proposal. As a result of this review, some of your funded projects may have been assigned purchasing N milestones shorter than the grant performance period, based in part on information provided in your project proposal, Riverside UASI's investment justifications, and grant guidance. Purchasing and performance milestones identified below in your project proposal will be used by Riverside UASI Q to both determine the appropriate date to disencumber funds awarded under this grant and re- direct them to other needs across the RUASI region and as indicators of performance and grant x management capacity in future competitive project proposals. w L Y Once you have completed the Post Award Actions, this letter will serve as your authorization to begin J spending against your approved projects listed below. Please remember that any modifications to your project will require pre-approval by both Riverside UASI and Cal OES prior to incurring any costs. All 3 purchases must comply with U.S. Department of Homeland Security grant management procedures and d directives. c a� Post Award Actions: E U The following actions are required prior to incurring any costs against your project(s): Q 1. Executed Memorandum of Understanding (MOU)with City of Riverside/Riverside UASI 2. Executed Grant Assurances 3. Executed Certificate of Non-Supplanting 4. Executed Certificate of Debarment 5. Performance Bond(s) as required 6. EHP(s)as required 7. Sole Source(s) as required 1 of w Office of Emergency Management 3085 St Lawrence Street, Riverside, CA 92504 1 Phone: (951) 320-8100 1 RiversideCA.gov/Fire packet Pg. 108 5.K.b Page 2 Cal EMA Project Numbering: Project D - Regional Critical Infrastructure Protection $160,000 Milestones: All Projects 6 month mark 5%complete $0 of funds expended 02/01/2016 12 month mark 25% complete $0 of funds expended 08/01/2016 18 month mark 50% complete $80,000 of funds expended 02/01/2017 24 month mark 65%complete $104,000 of funds expended 08/01/2017 30 month mark 80%corn lete $128,000 of funds expended 02/01/2018 33 month mark 100% complete $160,000 of funds expended 05/01/2018 Q D U) Please note your Department Head or Agency Director's signature is required on this letter. Sign and o return the original to our office within ten days of receipt, and keep a copy for your grant file. For further assistance, please feel free to contact our office any time at(951)320-8100. u. 0 Please refer to your Sub-Recipient Grant Guide for additional information, forms, and guidance. I look forward to working with you and to the success of your project. a a� U Q Sincerely, c N M Gale Schulte x Administrative Analyst w .r Riverside Fire Department Office of Emergency Management/UASI Program 3085 Saint Lawrence Street 3 Riverside, CA 92504 Q (951) 320-8106 direct a� E U R rr Q Signed, &WJ Jarr d urguan, Police Chief City Of San Bernardino Police Department Packet Pg. 109 Memorandum of Understanding - Urban Area Security Initiative Grant Funding MEMORANDUM OF UNDERSTANDING CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT AND THE REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING FOR FEDERAL FISCAL YEAR 2015 THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective , 20� between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT and the ("Participating Agency") under the following terms and conditions: Q LO 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). N 2. The Participating Agency agrees to comply with United States Department of c Homeland Security—Homeland Security Grant Program guidance,processes and requirements. a as 3. The Participating Agency agrees that all equipment, supplies and training funded Q through the UASI program is for the mutual benefit of the Riverside UASI o Region and not for the exclusive benefit of the Participating Agency. 4. The Participating Agency agrees that all equipment, supplies and technical m expertise developed through training funded by the UASI program is to be made available for emergency use through established mutual aid systems, established w mutual aid agreements or made reasonably available through a valid request by a o member jurisdiction or organization of the Riverside UASI. d d 5. The Participating Agency agrees to provide prior to being funded the most recent E copy of their; 1. NIMSCAST Report and 2. Single Audit Report. v 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. _ cc 7. The participating agency agrees to designate a Project Manager and Grant a 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 Packet Pg. 110 5.K.c 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 a requirements and shall be available for audit and inspection by the City and LO designated grant agent personnel. 0 N 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 c City and approved by the California Office of Emergency Services (Cal OES) and the U.S. Department of Homeland Security Grants Program Directorate. Q. m 10. The Participating Agency agrees to defend, indemnify, and hold harmless the Q City, its agents, officers, and employees, from and against all liability arising out c of the Participating Agency's acts or omissions under this MOU. M 11. The City agrees to defend, indemnify, and hold harmless the Participating m Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. w M 12. The Participating Agency agrees to provide the Certificate of Non-Supplanting g (Attachment B). Q. 13. The Participating Agency agrees to provide the Certification regarding v Debarment, Suspension and Other responsibility matters (Attachment Q. r c a� 14. The Participating Agency agrees to replace all UASI funded equipment if lost, .Ec stolen, or damaged beyond repair, the equipment shall be replaced with that of r 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 Packet Pg. 111 S.K.c 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 , by and through their authorized representatives. CITY OF RIVERSIDE PARTICIPATING AGENCY r By: By: Title: Title: D LO Attest: Attest: N LL By: By: 0 Colleen J.Nicol 0 r Title: Title: City Clerk Q 0 N M Approved as to form: By: 00 Neil Okazaki x w Title: Supervising Deputy City Attorney d d a E 0 U _ E s U R Q 3 Packet Pg. 112 S.K.c 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 N a (Name of Applicant) LO 0 OR cm r (Name or Title of Authorized Agent) 0 as OR (Name or Title of Authorized Agent) Q (Name or Title of Authorized Agent) N M is hereby authorized to execute for and on behalf of the named applicant, a public entity m 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 x and sub-granted through the State of California. w D 0 Passed and approved this day of , 20 m as a E Certification r c duly appointed and E (Name) cc of the a (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the of the on the (Governing body) (Name of Applicant) day of , 20 (Official Position) 4 Packet Pg. 113 Memorandum of Understanding - Urban Area Security Initiative Grant Funding (Signature) C �a 'Ln V 75 Q W r 0 N LL 4- O V C M Q d V V Q O N M m r.+ .Q t X W D O m r d a E O Q r C Q E t v ca Q 5 Packet Pg. 114 j S.K.d CalOES 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, a management and completion of the project described in this application, within prescribed timelines. cD Q I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: N (a) Applicable Federal Regulations (see below); o (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. U U Q Federal Regulations 0 Government cost principles, uniform administrative requirements and audit requirements for federal M 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/. U Y Significant state and federal grant award requirements (some of which appear in the documents w listed above) are called out below. The Applicant hereby agrees to comply with the following: a� >_ 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized Q 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. Jow (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 Packet Pg. 115 S.K.d 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 N of a Member of Congress in connection with the awarding of any Federal contract, the D LO making of any Federal grant, the making of any Federal loan, the entering into of any 0 cooperative agreement, and the extension, continuation, renewal, amendment, or N modification of any Federal contract, grant, loan, or cooperative agreement. u- (b) If any funds other than Federal appropriated funds have been paid or will be paid to any ° a� 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 Q Congress in connection with this Federal contract, grant, loan, or cooperative agreement, U the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report a Lobbying", in accordance with its instructions. N (c) The undersigned shall require that the language of this certification be included in the award 7t- 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. w 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. d 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 Packet Pg. 116 5.K.d (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 r_ transaction (Federal, State, or local) terminated for cause or default. 0 Where the Applicant is unable to certify to any of the statements in this certification, he or she shall 0 attach an explanation to this application. o N 5. Non-Discrimination and Equal Employment Opportunity U_ 4- The Applicant will comply with all Federal statutes relating to non-discrimination. These include, but a°, are not limited to, the following: CL CD (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 a that recipients of federal financial assistance take reasonable steps to provide meaningful M 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; r2 (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits w 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.); Q (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 Packet Pg. 117 5.K.d (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. c 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 Q employment because of race, color, religion, sex, gender, gender identity, gender expression, D sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical c 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 U_ illegal discrimination related to one of these categories, or for reporting patient abuse in tax M supported institutions. CL a� 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant a certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness M program as outlined in the Act. U 7. Environmental Standards The Applicant will comply with State and Federal environmental standards which may be prescribed w pursuant to the following, as applicable: a� (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§21000- E U 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- Q 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 s 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 Packet Pg. 118 5.K.d (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.); 3 (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 a discharge prohibitions; or 3)finally determined to be in violation of federal law relating to air or water D pollution. c N 8. Audits 4- For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will a°, cause to be performed the required financial and compliance audits in accordance with the Single c Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F CD Audit Requirements. U 9. Access to Records N In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller v General of the United States and, if appropriate, the State, through any authorized representative, U 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 w acknowledge and agree to comply with this provision. a� 10. Conflict of Interest L) The Applicant will establish safeguards to prohibit employees from using their positions for a y purpose that constitutes or presents the appearance of personal or organizational conflict of a 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 Packet Pg. 119 5.K.d 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 t� period of time that the award is in effect (2) Procuring a commercial sex act during the period of 75 time that the award is in effect or (3) Using forced labor in the performance of the award or D LO subawards under the award. 0 N 14. Labor Standards U_ 4- The Applicant will comply with the following federal labor standards: c (a) Comply with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), as a 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 a federally-assisted construction contracts or subcontracts. N (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to v employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. v r_ 15. Worker's Compensation x The Applicant must comply with provisions which require every employer to be insured against w liability for Worker's Compensation before commencing performance of the work of this Agreement, as per California Labor Code §3700. ca 16. Property-Related `t 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 of 10 Initials Packet Pg. 120 5.K.d 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 (a) Not dispose of, modify the use of, or change the terms of the real property title or other 0 interest in the site and facilities without permission and instructions from the awarding Q agency. Will record the Federal awarding agency directives and will include a covenant in D the title of real property acquired in whole or in part with Federal assistance funds to assure o nondiscrimination during the useful life of the project. CN (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 0 and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Q 0 N M 18. Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding 0 Y under this program or provided in the course of an entity's grant management activities which is :c under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The w 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, E needs assessment and strategic planning process. U R Y Y 19. California Public Records Act Q 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 Packet Pg. 121 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. M /L^ V 22. Reporting Accusations and Findings of Discrimination N 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, N including outcome and copies of settlement agreements to Cal OES for reporting to the DHS U- 4- awarding office and the DHS Office of Civil Rights and Civil Liberties. ° m c If any court or administrative agency makes a finding of discrimination on grounds of race, color, Q national origin (including limited English proficiency), sex, age, disability, religion or familial status U against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination, Q subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the N DHS Component and/or awarding office. c} The United States has the right to seek judicial enforcement of these obligations. X 23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags w All subrecipients must acknowledge their use of federal funding when issuing statements, press E releases, requests for proposal, bid invitations, and other documents describing projects or _- programs funded in whole or in part with federal funds. Y 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 Packet Pg. 122 5.K.d 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 r- 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 Q E.O. and laws. D LO 0 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. o. a� U U IMPORTANT a The purpose of the assurance is to obtain federal and state financial assistance, including any and all M 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. U r 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 w funds. Y c a� E 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 Q 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 Packet Pg. 123 5.K.d 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: i+ /L V v a D LO r N LL w O d U C ttS Y CL d U U a 0 N M V Y X W Y E L U t6 Y Y a Homeland Security Grant Program-2015 Grant Assurances Page 10 of 10 Initials Packet Pg. 124 5.K.d 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: c L Printed Name Fn Q D Ln r O N Signature 4- 0 a� _ a Title 0 U V Q O N M Agency U .r 72 X w m ;_ .r Q Packet Pg. 125 S.K.d 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 c 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, Q for prospective participants in covered transactions, as defined in the applicable CFR LO 0 1. The applicant certifies that it and its principals: N U- 4- a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a 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," CL "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.); Q 0 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, re forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen w property; C a> c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, t State, or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this certification; and Q 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. Authorized Agent Signature Business Name Name Printed or Typed Street Address Date City,State,Zip Code Packet Pg. 126 5.K.e Project Funding filar? DA-fa,11 } w S escribe;in detail hok. WsWI "& eni in,eacti.of„lhe,IGU[,solu6on areas 'k�wrr`^� xf ` �”-.*�'°��_ �' � ��k # e�i ��i''`rE� s -- ,�f°"3� r.s•k."``. . .x. �a d�k a 4 'sr4, •�� • rte e # �� V �ojBiC nitQ ...x z':,FYT.Lakf.. .e[%',+.,...S a-. ... .. S..z .eei...t:..:�L�.-_,�., L-��,3...� ,_i�{.�.i..x...3-^m.._.._..._,._..: ...,.•#,:i. .Sa..E. :-wtu%;L�.�[ •-s �.,�..!nF'Y!;%' z4 to aft 04MD-01-VCAM; Camera, Video 14SW-01-VIDA, System, Video Assessment, Security Equipment 21GN-00-INST, Installation, General, Equipment c (indude equlpment'4 name,AEL#, 160,000.00 100% 0 supplies and ,pperformance Q tw. nds} LO c .._....... LL T r, O orS U CL U _ U 1 . o - ude exercisl�kN� N type,part cipants supplies and personnel costs) 0 'Total Cost , $160,000.00 100% Lu .... a m Can you accept partial fund rt ?........ .. .: Yes: YES. No:] If yes, how much? $ 60,000.00 _ c Performance Bond:if your project requires a performance bond,what is the cost of the w bond? $ be sure.to include this cost In the total:costof your proposed rA eci c E t U - ea The existing Downtown Camera Protection Zone system is maintained by the annual recurring information technology budget of the San Bernardino Police Department. Cameras and licensing for this new portion of the system will be added to this annual budget item. Cameras connected to equipment in this portion of the project will use cellular data connections provided by the Police Department's annual MDG mobile data contract. Trailers will be registered as exempt government vehicles by the City of San Bernardino. Regular maintenance on these vehicles will be handled by the City Fleet Division who maintains all vehicles operated by the Police Department. It is expected that the first year of operation for the high-ground observation tower will be covered 01; by the vendor as part of the purchase. Future maintenance will either be handled by the City Fleet Division or will be budgeted as a maintenance a ense for manufacturer provided maintenance b the Police _ _ 5 Packet Pg. 127