HomeMy WebLinkAboutORANGE, COUNTY OF (16)INSURANi;,.:V01 REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: NOV 3 0 2023
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A-2023-198
Return FULLLY EXECUTED
Copy to COTC, M-30
AGREEMENT TO TRANSFER FUNDS
FOR 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this day of 2023, which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a politica
subdivision of the State of California, hereinafter referred to as "COUNTY,"and
CITY OF SANTA ANA, a municipal corporation, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred t,
as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received
and accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant")
from the California Office of Emergency Services ("CalOES").
WHEREAS, the purpose of the grant is to support comprehensive emergency management
at the state, tribal and local levels and to encourage the improvement of prevention, protection,
mitigation, response and recovery capabilities for all hazards, as set forth in Attachment A
hereto (FEMA Preparedness Grants Manual), which is attached hereto and incorporated herein b,
Ireference.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to
nburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In
er to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF
required information and documentation, as set forth in Attachment B (FY2022 EMPG Financial
;ment Forms Workbook), which is attached hereto and incorporated herein by reference.
2. Throughout their useful life, grant property and equipment shall be used by
iCIPIENT only for grant purposes in accordance with Attachment A hereto.
3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 1 of 4
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4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of i
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents anc
information in accordance with requirements set out in the Attachment C (FY2022 Emergenc}
Management Performance Grant Program: California Supplement to the FEMA Preparedness Grants
Manual; or, The State Guidance), which is attached hereto and incorporated herein by reference.
6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Standard
Assurances for all CalOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
this Agreement or Attachments A, B, C, or D hereto.
7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBRECIPIENT's performance of this Agreement,
including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in the
performance of this Agreement, including Attachments A, B, C, and D hereto.
8. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
10. SUBRECIPIENT shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
CFDA: 97.042
emergency Management Performance Grant
Department of Homeland Security Page 2 of 4
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required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
11. For a period of three years after the final Federal Financial Report hereunder or until all
claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve
and maintain all documents, papers and records relevant to the work performed or property or equipment
acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the
same time period, SUBRECIPIENT shall make said documents, papers and records available to
COUNTY and the agency from which COUNTY received the grant fimds or their duly authorized
representative(s), for examination, copying, or mechanical reproduction on or off the premises of
SUBRECIPIENT, upon request, during usual working hours.
12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after the final Federal
Financial Report hereunder.
13. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants
contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the
time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in
the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
15. By signing this Agreement, SUBRECEIPIENT understands and agrees that:
a. Failure to follow grant guidance, including those detailed below, will result in
ineligibility for any reimbursement under the FY22 EMPG:
b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
Managers Organization meetings held from July 1, 2022 through June 30, 2024;
CFDA: 97.042
Emergency Management performance Grant
Department of nomeland Security Page 3 of 4
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c. SUBRECIPIENT must maintain National Incident Management System (NIMS)
compliance;
d. For any personnel whose salary is charged to the grant, that specific individual must
meet the training and exercise requirements set forth in the grant guidance;
e. Only those expenditures specifically detailed in the Financial Management Forms
Workbook are approved for funding; any changes must be pre -approved by the
California Office of Emergency Services;
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
APPROVED AS TO FORM
COUNTY COUNSEL
U
Wendy J. Phillips, Senior Deputy
DATED: August 15 2023
c
J fer L. Hall, City C1`e k
,D: 36 , 2023
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Assistant City Attorney
COUNTY OF ORANGE, a political subdivision
of the State of California
Sheriff -Coroner
"COUNTY"
DATED: 2023
SUBRECIPIUT CITY OF SANT ANA
By ,�V�//n%
Title: Chief of Police
DATED: &I, 8 2023
CITY OF SANTA ANA
c
Tom Hatch
Interim City Manager
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
Page 4 of 4
Cal ®ES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
Initials
Page 1 of 15
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(d) The Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements
and that all subrecipients shall certify and disclose accordingly.
Page 2 of 15 Initials
Cal OES
GOVERNOR S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
Page 3 of 15 Initials'_
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in some sex marriages;
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Cal OES
GOVERNOR S OPPICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which the Applicant must comply with equal treatment policies and
requirements contained in 6 C.F.R. Part 19;
(1) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug -free workplace and a drug -free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000-21 177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
Page 5 of 15 Initials 4-
Cai ®ES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICE5
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) determined to be in violation
of federal law relating to air or water pollution.
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Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal IDES Federal Non -Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal
Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b)
executive compensation data for first -tier subawards as set forth in 2 C.F.R. Part 170,
Appendix A. The Applicant also agrees to comply with the requirements set forth in
the government -wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2 C.F.R. Part
25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
Page 7 of 15 Initials
Cal OE5
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the-
Cooeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (NE), hospitals and othernon-profit
organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Prooerty Acauisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
Page 8 of 15 Initials
Cat OES
EMERGENCY M NOES OFFICE OF EH OF ERGE N CY SERVICES
RYICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16U.S.C. § 469a-1 et
seq.); and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead -based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers
are also prohibited from the use of a wireless telephone without hands -free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
Page 9 of 15
Initials
CaI OES
GOVERNOR'S OFFICE
OFF EME ENE0.OrrENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is
required to have a publicly -available privacy policy that describes standards on the
usage and maintenance of PH they collect. The Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number)
to any work first produced under federal financial assistance awards.
Page 10 of 15 Initials
Cat OES
GOVERNOR'S
OF EMERGENCY
CYYSER SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude the Applicant from
shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms
and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non -delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. E
40118) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision 13-
138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
4
Page 11 of 15 Initials
LA
Cat OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
30. Non -supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through
non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, the Applicant must comply with the requirements set forth in the
government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
Page 12 of 15 Initials *_
L14
Cat OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
36. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
37. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States - this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
Page 13 of 15
Initials I
Cal OES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United
States - this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under
applicable law or regulation; and
(c) All construction materials are manufactured in the United States -this means
that all manufacturing processes for the construction material occurred in the
United States.
The "Buy America' preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of
the BABAA requirements to be effective for a period of six months, through January 1,
2023. Applicants will not be required to follow the BABAA requirements for FEMA
awards made, and any other funding FEMA obligates, during this waiver period. For
any new awards FEMA makes after January 1, 2023, as well as new funding FEMA
obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA
requirements unless another waiver is requested and approved.
Page 14 of 15 Initials
Car 4ES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) has made false certification,
or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by the Department of
Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated
by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs-
standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Tom Hatch
Printed Name of Authorized Agent: _ interim city Manager
Title: `htfijN ny% lVfArt
- Date: 6//W/�3
Page 15 of 15
Initials
Cat ®ES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
Public Law (PL) 109-282 Federal Funding Accountability and Transparency Act of 2006,
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008
(PL 110-252), which is outlined in the Federal Emergency Management Agency, Grant
Programs Directorate Information Bulletin No. 350.
As defined by the Office of Management Budget, the following are subject to FFATA
reporting requirements:
All new federal awards of $30,000 or more, as of August 13, 2020.
NOTE: Cal OES reports on this requirement in the Federal Funding Accountability
and Transparency Act Subaward Reporting System (FSRS).
2. The Total Compensation and Names of the top five executive, if the
Subrecipient in the preceding year received:
a. 80 percent or more of its annual gross revenues in Federal Awards; and
b. $25,000,000 or more in annual gross revenues from Federal awards; and
c. The public does not have access to information about the compensation of
the senior executives of the entity.
Subrecipients are required to provide the Executive compensation information in
the below chart, if applicable.
Executive Name
Title
Annual
Salary
Annual Dollar
Value of Benefits
Total
Compensation
bg Not subject to the Executive Compensation requirement of the FFATA Financial
Disclosure.
Page 1 of 2 rev. August 2021
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Federal Funding Accounting and Transparency Act (FFATA)
Financial Disclosure
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed N me of Authorized Agent:
Tq Av" M
Title: T`t HA tJAe-, -A Date: 3
Page 2 of 2 rev. August 2021
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)
(Cal OES Use Only)
Cal OES # I FIPS # I I yS;r I Subaward # 2022-000.5
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
The California Governors Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:
1. Subrecipient: County of Orange Ia. UEI:
2. Implementing Agency: City of Santa Ana - Santa Ana Police Department 2a. UEL KZE9G2M4GRX9
3. Implementing Agency Address: 60 Civic Center Plaza Santa Ana 92702-1981
(Street) (City) (Zip+4)
4. Location of Project: Santa Ana Orange 92702-1981
(City) (County) (Zip+4)
5. Disaster/Program Title: Emergency Management Performance Grant 6. Performance / July 1, 2022 to June 30, 2024
Budget Period: (Start Date) (End Date)
7. Indirect Cost Rafe: (Select) Federally Approved ICR (if applicable):
Item
Number
Grant
Year
Fund
Source
A. State
B. Federal
C. Total
D. Cash Match
E. In -Kind Match
F. Total Match
G. Total Cost
a.
2022
EMPG
$52,569
$52,569
$52,569
$52,569
$105,138
9.
10.
11.
12.
Total Project Cost
$52,569
$52,569
$52,569
$52,569
$105,138
13. Certification This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the
Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial
Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this
agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the
grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal
OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.
14. CA Public Records Act- Grant applications are subject to the California Public Records Act, Government Code section 6250 et seq. Do not put any personally
identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the
Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the
information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.
15. Official Authorized to Sign for Subrecipient:
Name: Tom Hatch Title: Interim City Manager
Payment Mailing Address: 60 Civic Center Plaza PO Box 1981 City: Santa Ana
Signature: /y ," Date:
i / J
16. Federal Employer ID Number:
(FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds are available forihe period and purposes of this expenditure stated above.
Zip Code+4: 92702-1981
(Date) (Cal DES Director or Designee) (Date)
FY 2022 EMPG FMFW (Macro) v.22 12 of 26 Grant Subaward Face Sheet Cal OES 2-101 (Revised 01/2022)
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