HomeMy WebLinkAboutAGR-5556.L - CITY OF ANAHEIM - FY 2024 URBAN AREAS SECURITY INITIATIVE (UASI)e,inkhtit AGR-14,02y
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AGREEMENT
SUB-RECIPIENT: CITY OF ORANGE
City Contract Number Y 5 ."• L
TABLE OF CONTENTS
Section Description Page
I
INTRODUCTION
101. Parties to the Agreement 3
102. Representatives of the Parties and Service of Notices 3
103. Independent Party 4
104. Conditions Precedent to Execution of this Agreement 4
II
TERM AND SERVICES TO BE PROVIDED
201. Time of Performance 5
202. Use of Grant Funds 5
III
PAYMENT
301. Payment of Grant Funds and Method of Payment 9
IV
STANDARD PROVISIONS
401. Construction of Provisions and Titles Herein 10
402. Applicable Law, Interpretation and Enforcement 10
403. Integrated Agreement 10
404. Excusable Delays 10
405. Breach 11
406. Prohibition Against Assignment or Delegation 11
407. Permits 11
408. Bonds 11
TABLE OF CONTENTS
Section Description Page
409. Indemnification 11
410. Conflict of Interest 12
411. Restriction on Disclosures 14
412. Statutes and Regulations Applicable to All Grant Contracts 14
413. Federal, State, and Local Taxes 17
414. Inventions, Patents and Copyrights 17
415. MBE/WBE 20
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
501. Defaults 21
502. Amendments 21
V
ENTIRE AGREEMENT
601. Complete Agreement 22
602. Number of Pages and Attachments 22
Execution (Signature) Page 23
EXHIBITS
Exhibit A CalOES FY2024 Standard Grant Assurances
Exhibit A-1 Standard Assurances Addendum
Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility
Matters
Exhibit C Certification Regarding Lobbying
Exhibit D Supplemental Grant Subaward Information
Ci -J4 etar2- 5'5•49 . 1.-
tout ik Agreement Number:N(J __
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2024 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF ANAHEIM
AND CITY OF ORANGE
THIS AGREEMENT is made and entered into this 2Z day of Mau 20 21,', by and
between the CITY OF ANAHEIM, a municipal corporation (the "CI "), and CITY OF
ORANGE ("SUB-RECIPIENT").
WITNESSETH
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity
as a Core City for the Anaheim/Santa Ana Urban Area under the FY2024 Urban Areas
Security Initiative, has applied for, received and accepted a grant entitled "FY 2024
Urban Areas Security Initiative" FAIN # EMW-2024-SS-05088 under the Homeland
Security Grant Program from the federal Department Of Homeland Security (DHS),
Federal Emergency Management Agency (FEMA), through the State of California
Governor's Office of Emergency Services (CalOES), to support state and local efforts to
prevent terrorism and other catastrophic events and to prepare the Nation for the
threats and hazards that pose the greatest risk to the security of the United States (the
grant"), as set forth in the grant guidelines and assurances that are incorporated to this
Agreement by reference and located at:
U.S. Department of Homeland Security "Fiscal Year 2024 Homeland Security Grant
Program (HSGP) Notice of Funding Opportunity (NOFO)"
https://www.fema.gov/grants/preparedness/homeland-security/fy-24-nofo
California Office of Emergency Services "FY2024 Homeland Security Grant
Program: California Supplement to Federal Program Guidance and Application
Kit"
https://www.caloes.ca.qov/wp-content/uploads/Grants/Documents/FY2024-HSGP-
State-Supplement-updated-12.18.24.pdf
Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant
Office.
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM
CITY") and is overseen by the California Governor's Office of Emergency Services
CalOES"); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
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them in building an enhanced and sustainable capacity to prevent, prepare for,
protect against, and respond to threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of 34 cities
in Orange County, including the City of Anaheim and the City of Santa Ana, the County
of Orange, Santa Ana Unified School District Police, California State University,
Fullerton, University of California, Irvine, Municipal Water District of Orange County,
and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management ("OGM") awarded a FY2024 UASI
Grant of$4,731,981 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use
in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and
the Anaheim Police Department, Emergency Management Director ("UASI Grant
Office") to provide for terrorism prevention and emergency preparedness; and
WHEREAS, the UASI Grant Office now wishes to distribute FY2024 UASI Grant
Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to
CITY OF ORANGE ("SUB-RECIPIENT") and others;
WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this
Agreement as authorized by the City Council and the Chief of Police which
authorizes the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
i
INTRODUCTION
101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 425 South
Harbor Boulevard, Anaheim, CA 92805; and
B. CITY OF ORANGE, a municipal corporation, 300 E. Chapman Avenue,
Orange, CA 92866
102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications
shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise
stated in the Agreement:
Kerrstyn Vega, Police Support Services Administrator
Anaheim Police Department
425 South Harbor Boulevard
Anaheim, CA 92805
Phone: (714) 765-1931
kvega@anaheim.net
2. The representative of CITY OF ORANGE shall be:
Name: Daniel R. Slater
Title: Mayor
Sub Recipient Name: city of Orange
Sub Recipient Address: 300 E. Chapman Avenue
City Orange State: CA Zip: 92866
Phone: (714)288-2571
mberuman cit oforan e.orE-mail: @ Y 9 9
B. Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
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C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change.
103. Independent Party
SUB-RECIPIENT is acting hereunder as an independent party, and not as an
agent or employee of the CITY OF ANAHEIM. No employee of SUB-RECIPIENT
is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement,
and SUB-RECIPIENT shall so inform each employee organization and each
employee who is hired or retained under this Agreement. SUB-RECIPIENT shall
not represent or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the CITY OF ANAHEIM.
104. Conditions Precedent to Execution of This Agreement
SUB-RECIPIENT shall provide copies of the following documents to the CITY OF
ANAHEIM, unless otherwise exempted.
A. Grant Assurances in accordance with section §412A of this Agreement attached
hereto as Exhibit A and Exhibit A-1 and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with section §412 of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with section
412C1 of this Agreement and attached hereto as Exhibit C and made a part
hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of the information contained in any Disclosure
Form previously filed by SUB-RECIPIENT.
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I I
TERM AND SERVICES TO BE PROVIDED
201. Time of Performance
The term of this Agreement shall commence on 11/12/2025 and end on
3/31/2027 or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
202. Use of Grant Funds
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services
purchased with grant funds and in accordance with grant guidelines set
forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized
equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines
and in full compliance with all of SUB-RECIPIENT'S purchasing and
bidding procedures. SUB-RECIPIENT shall specify the equipment,
services, exercises and training to be purchased using the Application for
Project Funding. A paper copy of this document will be provided to SUB-
RECIPIENT by CITY. If additional copies of the document are needed,
SUB-RECIPIENT may contact the Anaheim Grant Coordinator and it will be
provided.
B. SUB-RECIPIENT shall provide any reports requested by the CITY regarding
the performance of the Agreement. Reports shall be in the form requested by
the CITY, and shall be provided in a timely manner.
C. SUB-RECIPIENT shall provide the CITY a copy of its most current
procurement guidelines and follow its own procurement requirements as long
as they meet the minimum federal requirements. Federal procurement
requirements for the FY2024 UASI Grant can be found at 2 Code of Federal
Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards."
D. The Authorized Equipment List (AEL) is a list of the allowable equipment
which may be purchased pursuant to this Agreement and is located at
https://www.fema.gov/authorized-equipment-list, and incorporated to this
Agreement by reference. A copy of the AEL shall be retained in the
Anaheim/Santa Ana Grant Office. Unless otherwise stated in program
guidance any equipment acquired pursuant to this Agreement shall meet all
mandatory regulations and/or DHS-adopted standards to be eligible for
purchase using grant funds.
Any equipment acquired or obtained with Grant Funds:
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1 . Shall be made available under 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;
2. Shall be consistent with needs as identified in the National Priorities
and Core Capabilities, the State Homeland Security Strategy and the
Anaheim/Santa Ana Urban Area and Orange County Operational
Area Homeland Security Grants Strategy, the Threat Hazard
Identification and Risk Assessment (THIRA), the State
Preparedness Report; and deployed in conformance with those
plans;
3. Shall be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
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;
4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and
200.314. For the purposes of this subsection, "Equipment" is defined
as nonexpendable property that is not consumed or does not lose its
identity by being incorporated into another item of equipment, which
costs $5,000 or more per unit, or is expected to have a useful life of
one (1) year or more.
5. Shall be used by SUB-RECIPIENT in the program or project for
which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no
longer useful for the original program or project, the Equipment may
be used in other activities currently or previously supported by a
Federal agency.
6. Shall be made available for use on other projects or programs
currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by
the awarding agency.
7. Shall be recorded on a ledger. The record shall include: (a)
description of the item of Equipment, (b) serial number or other
identification number, (c) the source of funding for the property
including FAIN); (d) who holds the title, (e) date of acquisition; (f)
the per unit acquisition cost of the Equipment, (g) percentage of
federal participation in the project costs for the Federal award under
which the property was acquired, (h) location, and (i)use and
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condition of Equipment, and (j) ultimate disposition data including the
date of disposal and sale price of the property. Records must be
retained pursuant to 2 CFR Part 200.313.
8. All equipment obtained under this Agreement shall have an ASAUA
identification decal affixed to it, and, when practical, shall be affixed
where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every two years.
Inventory shall also be taken prior to any UASI, State or Federal
monitor visits.
10.SUB-RECIPIENT shall exercise due care to preserve and
safeguard equipment acquired with grant funds from damage or
destruction and shall provide regular maintenance and such repairs
for said equipment as necessary, in order to keep said equipment
continually in good working order. Such maintenance and servicing
shall be the sole responsibility of SUB-RECIPIENT, who shall
assume full responsibility for maintenance and repair of the
equipment throughout the life of said equipment.
11.SUB-RECIPIENT shall identify a Point-of-Contact (POC)to be
responsible for all Equipment prior to the receipt of the item(s). POC
will serve as the custodian of the Equipment. SUB-RECIPIENT shall
notify the CITY of any change in the POC and assume the
responsibility of advising the new custodian of all UASI grant
program guidelines and requirements.
12.SUB-RECIPIENT shall contact the ASAUA Grant Office prior to
initiating the disposition process. Disposal of equipment shall be
conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact
the awarding agency for disposition instructions, if necessary, prior to
any action being taken.
E. Any training paid pursuant to this Agreement shall conform to the guidelines
as listed in FY2024 Homeland Security Grant Program, as set forth above. All
training expenses must be pre-authorized by CaIOES. A catalogue of
Grantor approved and sponsored training courses is available at
https://cdp.dhs.gov/.
F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY2024 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at https:/Iwww.fema.gov/media-library/assets/documents/32326.
G. Any planning paid pursuant to this Agreement shall conform to the guidelines
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as listed in FY2024 Homeland Security Grant Program, as set forth above.
H. Any organizational activities paid pursuant to this Agreement shall conform to
the guidelines as listed in FY2024 Homeland Security Grant Program, as set
forth above.
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III
PAYMENT
301. Payment of Grant Funds and Method of Payment
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased
with grant funds; or, b) reimburse SUB-RECIPIENT for the purchase of
authorized equipment, exercises, services or training upon receiving prior written
approval from CITY or its designee and in accordance with grant guidelines and
in full compliance with all of SUB-RECIPIENT'S purchasing and bidding
procedures. SUB-RECIPIENT shall specify the equipment, exercises, services
or training to be purchased using the Application for Project Funding. A copy of
this document will be provided to SUB-RECIPIENT by CITY. If additional
copies of the document are needed, SUB-RECIPIENT may contact the
Anaheim Grant Coordinator and it will be provided. Funds may be used for
planning, exercises, organizational and training activities, and the purchase of
equipment as described in Section 202 above.
B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all
supporting documentation. Each reimbursement request shall be
accompanied by the Reimbursement Request for Grant Expenditures detailing
the expenditures made by SUB-RECIPIENT as authorized by Section 202
above. Each reimbursement request shall be submitted to the Anaheim UASI
Grant Office. For equipment for which SUB-RECIPIENT is requesting
reimbursement, all appropriate back-up documentation must be attached to the
reimbursement form, including invoices, proof of payment, packing slips, and
Equipment Reimbursement Worksheet. For training reimbursements, SUB-
RECIPIENT must include a copy of any certificates issued or a copy of the
class roster verifying training attendees, proof that a CalOES tracking number
has been assigned to the course, timesheets and payroll registers for all
training attendees, receipts for travel expenses related to the training, and
Training Reimbursement Worksheet. For regional project reimbursements,
SUB-RECIPIENT must include approval from the lead agency for all submitted
invoices.
C. Payment of final invoice shall be withheld by the CITY until SUB-RECIPIENT
has turned in all supporting documentation and completed the requirements of
this Agreement.
D. It is understood that the CITY makes no commitment to fund this
Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing
availability to the CITY of federal funds for this program. The Agreement may
be terminated immediately upon written notice to SUB-RECIPIENT of a loss or
reduction of federal grant funds.
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Iv
STANDARD PROVISIONS
401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
Sub-recipient" herein and in any amendments hereto includes the party or
parties identified in this Agreement. The singular shall include the plural. If
there is more than one Sub-recipient as identified herein, unless expressly
stated otherwise, their obligations and liabilities hereunder shall be joint and
several. Use of the feminine, masculine, or neuter genders shall be deemed to
include the genders not used.
402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the CITY. This
Agreement shall be enforced and interpreted under the laws of the State of
California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only by a written instrument executed by both parties hereto.
404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
I()
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
Contractual / Legal Remedies for Breach of Contract--Should SUB-RECIPIENT
fail for any reason to comply with the contractual obligations of this Agreement
and/or willfully, knowingly, or negligently breach any term, condition or
requirement of the Agreement, City may impose sanctions including but not
limited to damages (liquidated damages and or penalties) and/or any other
remedy available pursuant to the Agreement or the laws then in effect.
406. Prohibition Against Assignment or Delegation
SUB-RECIPIENT may not, unless it has first obtained the written permission of
the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
407. Permits
SUB-RECIPIENT and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for SUB-RECIPIENT performance
hereunder and shall pay any fees required therefore. SUB-RECIPIENT further
certifies to immediately notify the CITY of any suspension, termination, lapses,
non-renewals or restrictions of licenses, certificates, or other documents.
408. Bonds
SUB-RECIPIENT must purchase a performance bond for any equipment item
over$250,000 or any vehicle (including aircraft or watercraft) financed with
homeland security funds. SUB-RECIPIENT must provide a copy of performance
bond to CITY no later than the time of reimbursement.
409. Indemnification
To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend,
and hold harmless the City of Anaheim, its officers, agents, employees,
it
representatives and designated volunteers from and against any and all claims,
demands, defense costs, or liability of any kind or nature arising out of or resulting
from, or any way connected with SUB-RECIPIENT'S acts, errors or omissions in
the performance of SUB-RECIPIENT'S services or use of grant funds under the
terms of this Agreement.
410. Conflict of Interest
A. SUB-RECIPIENT covenants that it will comply with 2 CFR 200.318(c)(1) and
that none of its directors, officers, employees, or agents shall participate in
selecting, or administrating any subcontract supported (in whole or in part) by
Federal funds where such person is a director, officer, employee or agent of
the subcontractor; or where the selection of subcontractors is or has the
appearance of being motivated by a desire for personal gain for themselves or
others such as family business, etc.; or where such person knows or should
have known that:
1 . A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
87100 et seq. if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic
partner and/or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial interest of
five percent or more; ownership of five percent or more of
the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
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C. SUB-RECIPIENT further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary value from any
actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any
officer, employee, or agent).
D. SUB-RECIPIENT shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and SUB-RECIPIENT..
E. Prior to obtaining the CITY'S approval of any subcontract, SUB-RECIPIENT
shall disclose to the CITY any relationship, financial or otherwise, direct or
indirect, of SUB-RECIPIENT or any of its officers, directors or employees or
their immediate family with the proposed subcontractor and its officers,
directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws
of the CITY, SUB-RECIPIENT, the State of California, and Federal regulations
regarding conflict of interest.
G. SUB-RECIPIENT warrants that it has not paid or given and will not pay or give
to any third person any money or other consideration for procuring this
Agreement.
H. SUB-RECIPIENT covenants that no member, officer or employee of SUB-
RECIPIENT shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in connection
with this project during his/her tenure as such employee, member or officer or
for one year thereafter.
I. SUB-RECIPIENT agrees that no individual shall participate in any
procurement activity if a real or apparent conflict of interest exists, including,
but not limited to, financial or personal relationships with any entity considered
for a contract.
J. SUB-RECIPIENT shall maintain a written standards of conduct and shall
take appropriate disciplinary action against any employee, officer, or agent
who violates these standards. Disciplinary actions may include, but are not
limited to, formal reprimand, suspension, or termination, depending on the
severity of the violation.
K. SUB-RECIPIENT shall report any violations of this agreement to the
awarding agency within 5 business days of discovery and shall cooperate
fully with any investigation or audit related to the incident.
L. SUB-RECIPIENT shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this
project and shall substitute the term "subcontractor" for the term "SUB-
RECIPIENT" and "sub subcontractor" for "Subcontractor".
I i
411. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
California Government Code Sec. 6250, et seq.).
412. Statutes and Regulations Applicable To All Grant Contracts
A. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the CITY to sign certain promises regarding the way the Grant Funds would
be spent ("Grant Assurances"), attached hereto as Exhibit A and Exhibit A-1.
By signing these Grant Assurances, the CITY became liable to the Grantor for
any funds that are used in violation of the grant requirements. SUB-
RECIPIENT shall be liable to the Grantor for any funds the Grantor determines
SUB-RECIPIENT used in violation of these Grant Assurances. SUB-
RECIPIENT shall indemnify and hold harmless the CITY for any sums the
Grantor determines SUB-RECIPIENT used in violation of the Grant
Assurances.
B. SUB-RECIPIENT shall comply with all applicable requirements of state, federal,
county and SUB-RECIPIENT laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. SUB-RECIPIENT shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. SUB-RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
1. Office of Management and Budget (OMB) Circulars
SUB-RECIPIENT shall comply with 2 Code of Federal Regulations
CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit
Requirements for Federal Awards).
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
SUB-RECIPIENT shall adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of
Federal Regulations, Part 200, Subpart F Audit Requirements;
and any administrative regulation or field memos implementing
the Act. When reporting on the FY2024 UASI Grant Program
under the Single Audit Act, SUB-RECIPIENT shall use Catalog
of Federal Domestic Assistance (CFDA) Program Number
97.067 "Homeland Security Grant Program"; Grant Identification
Number 2024-0088; and identify the City of Anaheim as the
Pass-Through.
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3. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the CITY with respect to all matters
covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents specified
in this Agreement. Such records shall be retained for a period of
three (3) years after the CITY receives notification of grant closeout
from CalOES, and after final disposition of all pending matters.
Pending matters" include, but are not limited to, an audit, litigation or
other actions involving records. The CITY may, at its discretion, take
possession of, retain and audit said records. Records, in their
original form pertaining to matters covered by this Agreement, shall at
all times be retained within the County of Orange unless authorization
to remove them is granted in writing by the CITY.
4. Subcontracts and Procurement
SUB-RECIPIENT shall comply with the federal and SUB-
RECIPIENT standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not
be limited to purchase agreements, rental or lease agreements,
third party agreements, consultant service contracts and
construction subcontracts.
SUB-RECIPIENT shall ensure that the terms of this Agreement with
the CITY are incorporated into all Subcontractor Agreements.
SUB-RECIPIENT shall submit all Subcontractor Agreements to the
CITY for review prior to the release of any funds to the
subcontractor. SUB-RECIPIENT shall withhold funds to any
subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective Subcontractor
Agreement.
5. Civil Rights
SUB-RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) 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 sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) 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
15
P.L. 91-616) as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 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 non-discrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for
Federal assistance is being made; (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and
k) P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this
award of assistance.
6. Telecommunications
SUB-RECIPIENT will comply with 2 CFR 200.216 and FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
on Covered Telecommunication Equipment or Services (Interim),
which prohibits grant recipients and subrecipients from obligating
or expending loan or grant funds to procure or obtain, extend or
renew a contract to procure or obtain, or to enter into a contract (or
extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system.
7. Lobbying Prohibited
SUB-RECIPIENT will comply with all applicable lobbying
prohibitions and laws, including those found in the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that
none of the funds provided under this award may be expended by
SUB-RECIPIENT to pay any person to influence, or attempt 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 any federal action
concerning the award or renewal of any federal contract, grant,
loan, or cooperative agreement.
8. Clean Air Act
SUB-RECIPIENT agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq. SUB-RECIPIENT agrees to
report any violation of the Clean Air Act to the CITY and
understands and agrees that the CITY will, in turn report each
violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate
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Environmental Protection Agency Regional Office. SUB-RECIPIENT
further agrees to include these requirements in each subcontract
exceeding $150,000 in value financed in whole or in part with Federal
assistance provided by FEMA.
C. Statutes and Regulations Applicable To This Particular Grant
SUB-RECIPIENT shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular
grant program. SUB-RECIPIENT shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office
of the Comptroller, U.S. Department of Homeland Security,
Preparedness Directorate Financial Management Guide; U.S.
Department of Homeland Security, Office of Grants and Training, FY
2024 Homeland Security Grant Program —Notice of Funding
Opportunity; ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act,
Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
CCR Title 19, §§ 2445-2448.
Provisions of 44 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures;
Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information;
Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of
Faith-based Organizations; Part 42, Nondiscrimination/Equal
employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and Wetland Protection
Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to
federal Assistance Programs; Part 69, New Restrictions on Lobbying;
Part 70, Uniform Administrative Requirements for Grants and
Cooperative Agreements (including sub-awards) with Institutions of
Higher Learning, Hospitals and other Non-Profit Organizations; and
Part 83, Government- Wide Requirements for a Drug Free
Workplace (grants).
I
2. Travel Expenses
SUB-RECIPIENT as provided herein may be compensated for SUB-
RECIPIENT'S reasonable travel expenses incurred in the
performance of this Agreement, to include travel and per diem,
unless otherwise expressed. Travel including in-State and out-of-
State travel shall not be reimbursed without prior written
authorization from the UASI Grant Office.
SUB-RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on SUB-RECIPIENT'S travel policies and
procedures. If SUB-RECIPIENT does not have established travel
policies and procedures, SUB-RECIPIENT'S reimbursement rates
shall not exceed the amounts established under 5 U.S.0 5701-11,
Travel and Subsistence Expenses; Mileage Allowances"), or by
the Administrator of General Services, or by the President (or his
or her designee) pursuant to any provisions of such subchapter
must apply to travel under federal awards (48 CFR 31.205-46(a)).
3. Noncompliance
SUB-RECIPIENT understands that failure to comply with any of the
above assurances may result in suspension, termination or reduction
of grant funds, and repayment by SUB-RECIPIENT to CITY of any
unlawful expenditures.
413. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as
an independent party and not as a CITY employee.
414. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation,
processes and business methods made in the course of work under this
Agreement, SUB-RECIPIENT shall report the fact and disclose the Invention
promptly and fully to the CITY. The CITY shall report the fact and disclose the
Invention to the Grantor. Unless there is a prior agreement between the CITY
and the Grantor, the Grantor shall determine whether to seek protection on
the Invention. The Grantor shall determine how the rights in the Invention,
including rights under any patent issued thereon, will be allocated and
administered in order to protect the public interest consistent with the policy
Policy") embodied in the Federal Acquisition Regulations System, which is
based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95-517, Pub.
L. 98-620, 37 CFR part 401); Presidential Memorandum on Government
Patent Policy to the Heads of the Executive Departments and Agencies, dated
2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987
I8
Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR
48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT hereby agrees to be
bound by the Policy, and will contractually require its personnel to be bound by
the Policy.
B. Rights to Use Inventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable,
royalty- free license, to use, manufacture, improve upon, and allow others to
do so for all government purposes, any Invention developed under this
Agreement.
C. Copyright Policy
1 . Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material ("Material") is developed
under this Agreement, the author or the CITY, at the CITY'S
discretion, may copyright the Material. If the CITY declines to
copyright the Material, the CITY shall have an unencumbered right,
and a non-exclusive, irrevocable, royalty- free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,
irrevocable, royalty-free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Material
developed under this Agreement or any Copyright purchased under
this Agreement.
3. SUB-RECIPIENT shall comply with all applicable requirements in the
Code of Federal Regulations related to copyrights and copyright
policy.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
SUB-RECIPIENT shall require all subcontractors to comply with the obligations
of this section by incorporating the terms of this section into all subcontracts.
It)
415. Minority, Women, And Other Business Enterprise Outreach Program
It is the policy of the CITY to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all SUB-RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub-Contractors.
2u
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
501. Defaults
Should SUB-RECIPIENT fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
CITY reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
502. Amendments
Any change in the terms of this Agreement, including changes in the services to be
performed by SUB-RECIPIENT and any increase or decrease in the amount of
compensation which are agreed to by the CITY and SUB-RECIPIENT shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules,
amendments or requirements promulgated by the CITY affecting this
Agreement.
VI
ENTIRE AGREEMENT
601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
602. Number of Pages and Attachments
This Agreement is executed as one original. This Agreement includes twenty-
three (23) pages and five (5) Exhibits which constitute the entire understanding
and agreement of the parties.
IN WITNESS WHEREOF, the City and CITY OF ORANGE have caused this Agreement to
be executed by their duly authorized representatives on the date first set forth above.
ATTEST: CITY OF ANAHEIM, a municipal Corporation
of the State of California
By: By: "
re Bass 74 1•'\o-vn r.y Ci d
Clerk o the Coou.%'Elm=
C'
Chief of Police
V Ot'=``"'4
SUB-RECIPIENT
ib di."`i' ` r`. CITY OF ORANGE
o './!UEI No. KF72Q5W8MG44liN . ,gy
APPROVED AS TO F • By: eti-itt
i
Printed Name Daniel R. Slater
By:
K st Pelletier Title
Chief ssistant City Attorney
Mayor
APPROVED AS TO FORM
By: --3e0§ )-
Printed Name Nathalie Adourian v'
Title
City Attorney
ST:
i
Pamela Coleman, City Clerk
i
23
I