CA Emergency Management Agency/Homeland Security 12California Emergency Management Agency
Riverside County Fire/OES
FY 2012 Grant Assurances
(All HSGP Applicants)
Name of Applicant: City of La Quinta
Address:
City:
La Quinta
78-495 Calle Tampico
State: CA
Code: 92247-1504
Telephone Number: 760-777-7069ax Number: 760-777-7011 E-mail Address: phess@la-quinta.org
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) and
further sub -granted through Riverside County Office of Emergency Services (OES).
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 FY2012 Investment Justifications
submitted to DHS/FEMA/Cal EMA, where applicable.
S. 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, and Riverside County OES, 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.
7. Will provide progress reports, and other such information as may be required by the awarding agency
on a quarterly basis.
8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal
EMA and Riverside County OES.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement
of funds.
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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.
It. Will comply with ail provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations.
12. 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.
13. 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/Riverside County DES.
14. 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.
15. Will notify Riverside County OES of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. 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.
17. 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.
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 Vlll 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.
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in. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the cwrent edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1.
18. Will comply with the requirements of Titles H 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 properly 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 -misted
programs.
19. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Ad 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.
20. 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.
21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10, Environmental
Considerations.
22. Agrees not to undertake any project having the potential to impact the EHP resources without the prior
written approval of DHS/FEMA/Cal EMA/Riverside County OES, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements, communications
towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The Isubgrantee
must comply with all conditions and restrictions 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 Riverside
County OES funding. Airy 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 discovered, the subgrantee will
immediately cease activity in that area and notify DHS/FEMA/CaI EMA Riverside County OES and the
appropriate State Historic Preservation Office.
23. Any construction activities that have been initiated prior to the full environmental and historic
preservation review could result in noncompliance finding. Sub -Grantees must complete the FEMA
EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all
supporting documentation, to the Riverside County OES for review and processing.
24. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon
receiving their grant award. The Screening From for these types of projects is available at:
www.fema.¢ov/doc/govemmenVemtlbuiletins/info329 final screening memo.doc
25. 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 Riverside County OES of the receipt of arty 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.
26. Will provide any information requested by DHS/FEMA/Cal EMA/Riverside County OES to ensure
compliance with applicable laws, including the following:
a. Institution of environmental quality control measures under the Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), 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).
£ 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.
27. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the
California Emergency Services Act, Government Code, Chapter 7 of Division l of Title 2, Section
8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
28. 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 US Department of Homeland Security. "
29. 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.
30. The recipient agrees to consult with DHS/FEMA/Cal EMA/Riverside County OES regarding the
allocation of any patent rights that arise from, or are purchased with, this funding and 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 and Riverside County OES, agrees to the following:
a. Promptly return to Riverside County OES 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 Riverside County OES.
c. Property/equipment purchased under the HSGP reverts to Riverside County OES if the
grant funds are deobligated/disallowed and/or not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid following
deobligation/disallowment of costs or Riverside County OES reserves the right to place a lien on the
property for the amount owed. .
e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of
M00 per Federal Fiscal Year.
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31. Will comply with the lmergovemmental Personnel Act of 1970 (42 U.S C. Sections 47284763) 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).
32. 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.
33. 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.
34. Will comply with the minimum wage and maximum hour provisions of the Federal Far Labor Standards
Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other
nonprofit organizations,
35. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as
amended, means information that has been determined pursuant to EO 12958 or any predecessor order to
require protection against unauthorized disclosure and is marked to indicate its classified status when in
documentary form No funding under this award shall be used to support; a contract, subaward, or other
agreement for goods or services that will include access to classified national security information if the
award recipient has not been approved for and has access to such information.
36. Agrees that where an award recipient has been approved for and has access to classified national security
information, no funding under this award shall be used to support a contract, subaward, or other
agreement for goods or services that will include access to classified national security information by the
contractor, subawardee, or other entity without prior written approval from the DHS Office of Security,
Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or
agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements
shall be processed and administered in accordance with the DHS "Standard Operating Procedures,
Classified Contracting by States acid Local Entities," dated July 7, 2009; EOs 12829, 12958, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable
implementing directives or instructions. All security requirement documents are located at:
http://www.dhs og v/xopnbi7Jgrants/index shtm
37. Immediately upon determination by the award recipient that funding under this award will be used to
support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate
the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB,
or the applicable Federal department or agency, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
38. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if
recipients are authorized to make subawards under this award, they must notify potential subrecipients flat
no entity (see definition in paragraph C of this award term) may receive or make a subaward to any entity
unless the entity has provided its DUNS number. For purposes of this award teen, the following
definitions will apply:
a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and
assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number
may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at
hfp://fedgov.dnb.com/webfortn -
b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a
foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -
profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a
non -Federal entity.
c. "Subaward" means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award
to an eligible subrecipient.
It does not include your procurement of property and services needed to carry out the project or
program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of
States, Local Governments, and Non -Profit Organizations") and may be provided through any legal
agreement, including an agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this award; and is
accountable to you for the use of the Federal funds provided by the subaward.
39. 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 Ad (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted
construction sub -agreements.
40. 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 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 subgrams, contracts under grants and cooperative
agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was trade 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.
41. 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.
42. 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
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of the applicant, and deployed with personnel trained in the use of such equipment ina 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.
43. 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.
44. 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).
45. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
46. 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.
47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
48. Will comply with the financial and administrative requirements set forth in the current edition of the DHS
Financial Management Guide.
49. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012
Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement
to the FY 2012 Homeland Security Grant Program Funding Opportunity Announcement. 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 FY2012 Homeland Security Grant Program application. Further, use of FY 12 funds
is limited to those investments included in the California FY 12 Investment Justifications submitted to
DHS/FEMA/Cal EMA and evaluated through the peer review process.
50. 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'. As required by Executive Order
12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in
primary covered transactions, the applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency.
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 (1)(b) of
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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
d. 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.
51. 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.
52. Will comply with the administrative requirements that apply to most DHS award recipients through a
grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB)
Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at
Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments." - OMB Circular A-110, Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215. The requirements for
allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110 (2 CFR §
215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of
the award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for "
Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State,
Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost
Principles for Non -Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A-133, Audits of
States, Local Governments and Non -Profit Organizations.
53. Will acknowledge, agree, and require any subrecipients, contractors, successors, transferees, and
assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records,
accounts, documents, information, facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS,
Cal EMA and/or Riverside County OES.
b. Recipients must give DHS/Cal EMA/Riverside County OES access to and the right to examine and
copy records, accounts, and other documents and sources of information related to the grant and .
permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS/Cal
EMA/Riverside County OES regulations and other applicable laws or program guidance.
c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/Cal
EMA/Riverside County OES officials and maintain appropriate backup documentation to support the
reports.
d. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance.
e. If, during the past three years, the recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status, the recipient must provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS/Cal EMA/Riverside County OES
awarding office and the DHS Office of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of discrimination on grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status against the recipient, or the recipient settles a case or matter alleging such discrimination,
recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding
office. The United States has the right to seekjudicial enforcement of these obligations.
54. Agrees that none of the funds provided under an award may be expended by the recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress,
Page 8
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, cooperative
agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352.
55. Will comply with requirements to acknowledge 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.
56. Will comply with requirements that publications or other exercise of copyright for any work�first
produced under Federal financial assistance awards hereto related unless the work includes any
information that is otherwise controlled by the Government (e.g., classified information or other
information subject to national security or export control laws or regulations). For any scientific,
technical, or other copyright work based on or containing data first produced under this award, including
those works published in academic, technical or professional journals, symposia proceedings, or similar
works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to
reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize
others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the
applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government
sponsorship (including award number) to any work first produced under an award.
57. Will obtain DHS's approval 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 seat, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
58. Will comply with the requirements 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.
59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S.
Government funds requirement, which states preference for the use of 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. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General
Decision B 139942.
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),
which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -
free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted
of violating a criminal drug statute. Failure to comply with these requirements may be cause for
debarment. These regulations are codified at 2 CFR 3001.
61. Will comply with the requirements of the government -wide award term which implements Section 106(g)
of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2
CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007.In accordance with Section 106(g) of the TVPA, as amended,
requires the agency to include a condition that authorizes the agency to terminate the award, without
penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the
period of time that the award is in effect, procures a commercial sex act during the period of time that
the award is in effect; or uses forced labor in the performance of the award or subawards under the
award. Full text of the award term is provided at 2 CFR § 175.15.
62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq.), which provides that no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
63. Will comply with Title V HI of the Civil Rights Act of 1968, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (42 U.S.C.§ 3601 et seq.), as implemented by the Department of Housing and Urban Development at
24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units -Le., 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 CFR § 100.201).
64. Will comply with the requirements of Titles 1,11, and III of the Americans with Disabilities Act, which
prohibits recipients from discriminating on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12101-12213).
65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
66. Will comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681
et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part
19.
67. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons
with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency
guidance, national origin discrimination includes discrimination on the basis of limited English
proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure
that LEP persons have meaningful access to your programs. Meaningful access may entail providing
language assistance services, including oral and written translation, where necessary. Recipients are
encouraged to consider the need for language services for LEP persons served or encountered both in
developing budgets and in conducting programs and activities. For assistance and information regarding
LEP obligations, go to http://www.lep,gov.
68. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order It 738, which
provides for the protection and enhancement of the quality of the nation's air resources to promote public
health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of
the nation's waters is considered research for other purposes.
69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in
DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with
human subjects. The regulations specify additional protections for research involving human fetuses,
pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of
autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR
Part 46.
70. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42
U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with NEPA for its grant -supported
activities, DHS requires the environmental aspects of construction grants (and certain non -construction
projects as specified by the Component and awarding office) to be reviewed and evaluated before final
action on the application.
71. Will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended,
which provides for benefit payments under the Standard Flood Insurance Policy for demolition or
relocation of a structure insured under the Act that is located along the shore of a lake or other body of
water and that is certified by an appropriate State or local land use authority to be subject to imminent
collapse or subsidence as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63.
72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §
4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct
properly may be provided in identified flood -prone communities in the United States, unless the
community participates in the National Flood Insurance Program and flood insurance is purchased within
one year of the identification. The flood insurance purchase requirement applies to both public and private
applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published
in the Federal Register by FEMA.
73. Will comply with the requirements of Executive Order 11990, which provides that federally funded
construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive
Order provides that, in furtherance of Section 10l(bx3) of NEPA (42 U.S.C. § 4331(bx3)), Federal
agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction
located in wetlands unless the head of the agency finds that there is no practicable alternative to such
construction, and that the proposed action includes all practicable measures to minimize harm to wetlands
that may result from such use. hi making this finding, the Tread of the agency may take into account
economic, environmental, and other pertinent factors. The public disclosure requirement described above
also pertains to early public review of any plans or proposals for new construction in wetlands. This is
codified at 44 CFR Part 9.
74. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends IS U.S.C.
§§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent,
toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to
specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or
receive any biological agent or toxin that is listed as a select agent.
75. Understands the reporting of sub -awards and executive compensation rules, including first tier sub -
awards to Riverside County OES.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report
each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as
defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in the following
paragraphs to Riverside County OES. For subaward information, report no later than the end of
the month following the month in which the obligation was made. (For example, if the
obligation was made on November 7, 201 I, the obligation must be reported by no later than
December 31, 2011.)
c. What to report: You must report the information about each obligating action that the submission
instructions posted in Information Bulletin 350, to Riverside County OES. To determine if the public
has access to the compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execom[).htm. Subgrartees must report
subrecipient executive total compensation to Riverside County OES by the end of the month
Page 11 In"
following the month during which you make the subaward. Exemptions include: If, in the previous
tax year, you had gross income, from all sources, under $300,000, you are exempt from the
requirements to report on subawards, and the total compensation of the five most highly compensated
executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each
of your five most highly compensated executives for the preceding completed fiscal year, if
L the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
$25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
(To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
htto://www.sec.eov/answers/execomr).htm.)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier
subrecipient under this award, you shall report the names and total compensation of each of
the subrecipients five most highly compensated executives for the subrecipient's preceding
completed fiscal year, if in the subrecipienfs preceding fiscal year, the subrecipient
received 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual
gross revenues from Federal procurement contracts (and subcontracts), and Federal
financial assistance subject to the Transparency Act (and subawards); and the public does
not have access to information about the compensation of the executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
76. 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. /i'
f ♦)
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Greg Butler, Building & Safety Director
DATE: November 13, 2012
RE: Assurances by Homeland Security Grant Program (HSGP) Applicants
Attached for your signature is one (1) original FY 2012 Grant Assurances between
California Emergency Management Agency/Riverside County Fire/OES and the City of
La Quinta for the grant program referenced above.
This document requires your initials at the bottom -right corner of each page and your
full signature on the last page, all in blue ink.
Please sign and return the original to the City Clerk for final distribution
Requesting department shall Check and attach the items below as appropriate: -,
A Conflict of Interest Form 700 Statement of Economic Interests from Consultantlsl is attached with
no reportableinterests LQ or _ reportable interests -
.X- A Conflict of Interest Form 700 Statement of Economic Interests is not requiredbecause this Consultant does
not meet the definition in. FPPC regulation 18701(21. .
Authority to execute this agreement is based upon:
_X_ Approved by the City Council by Resolution #2011-082 _.
_ rCity Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
_ City Manager's. signature authority provided under Resolution No. 2005-096
'Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under$100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
Insurance certificates asrequired by the agreement(initialed by R40 Manager on - date)
Performance bondsas required by the agreement (originals)
City of La-.Quirre Business License {copy or note number &.expiration date here 1
9
, #
I
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Greg Butler, Building & Safety Director
DATE: November 13, 2012
RE: Grant Applicant Assurances (HSGP)
I have read the attached document in its entirety and recommend that you sign it. The
document contains assurances that we are required to make to the California
Emergency Management Agency/Riverside County Fire/OES as an applicant for the FY
2012 Homeland Security Grant Program (HSGP).
The assurances are primarily promises that we will abide by all rules and regulations
relating to Federal grants, and that we will provide any documentation or cooperation
asked of us.
We are eligible for a grant of $6,467. We intend to use the monies for the purchase of
PREP program booklets and medical equipment response bags, all pre -qualified items.
Let me know if you need any additional information.
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