HomeMy WebLinkAboutCalEMA Grant AssurancesName of Applicant:
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
City of National City
Address: 1243 National City Blvd.
City: National City State: CA
Zip Code:
Telephone Number: (61 9) 3 3 6— 4 5 5 6 Fax Number: (61 9) 3 3 6— 4 3 2 8
E-Mail Address:
wamedee@nationalcityca.gov
91950
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Will assure that grant funds will support efforts related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies.
2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA) and sub -granted through the State of California, California Emergency Management
Agency (Cal EMA).
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between grant programs (for example: State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
fiscal years.
4. Will comply with any cost sharing commitments included in the FY2010 Investment
Justifications submitted to DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General of
the United States, the State of California, the Office of Inspector General, through any authorized
representative, access to, and the right to examine, all paper or electronic records, books, or
documents related to the award; and will establish a proper accounting system in accordance
with generally accepted accounting standards and/or awarding agency directives.
6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State
approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by
the Fusion Capability Planning Tool.
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7. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, including the payment of interest earned on advances.
11. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes, or presents the appearance of, personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family, business,
or other ties.
12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from DHS/FEMA/Cal EMA.
13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -
owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
14. Will notify Cal EMA of any developments that have a significant impact on award -supported
activities, including changes to key program staff.
15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
structures.
16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination.
These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683
and 1685-1686), which prohibits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
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g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or. State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which
provides for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally assisted programs. These requirements apply to all interested in
real property acquired for project purposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally -assisted programs.
18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
19. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
20. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, and purchase and/or use of any sonar equipment. The subgrantee must
comply with all conditions placed on the project as a result of the EHP review. Any construction -
related activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA
funding. Any change to the scope of work will require re-evaluation of compliance with the
EHP. If ground -disturbing activities occur during the project implementation, the subgrantee
must ensure monitoring of the disturbance. If any potential archeological resources are
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discovered, the subgrantee will immediately cease activity in that area and notify
DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office.
21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)
List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consideration for listing by the EPA.
22. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental
Quality (EO11514).
b. Notification of violating facilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93-523).
f. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
24. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEMA's
Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEMA's Grant Programs Directorate or the U.S. Department of
Homeland Security." The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security."
25. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights
of copyright to which a recipient or sub -recipient purchases ownership with Federal support.
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26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
27. Has requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
c. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per Federal Fiscal Year.
28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
30. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
31. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor
standards for Federally -assisted construction sub -agreements.
34. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member
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of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
35. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
36. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non -Federal funds.
37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB
Circular A-122).
39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in the current edition of
the DHS Financial Management Guide.
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43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2010 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application. Further, use of FY10 funds is limited to those investments included in the
California FY10 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated
through the peer review process.
44. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension".
45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a. The applicant certifies that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
ii. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
b. Establishing an on -going drug -free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs;
and
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iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
47. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
48. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
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