20-0318_ORANGE, COUNTY OF_Homeland Security Grant Program2
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Attachment B -Agreement to Transfer Property or Funds Page 1 of 4
AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2018 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this 11th day of _M_a_rc_h _____ 20 20, which date
5 is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
6 subdivision of the State of California, hereinafter referred to as "COUNTY", and
7 ___ c_it_y _of_s_a_n_J_ua_n_c_a_pi_st_ra_n_o ________ , a (municipal corporation/special district/not-for-
8 profit corporation), hereinafter referred to as "SUBGRANTEE."
9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the lead
10 agency for the Orange County Operational Area, has applied for, received and accepted a grant from the
11 State of California, acting through its California Office of Emergency Services, to enhance county-wide
12 emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are
13 attached hereto as Attachments A (FY 18 CA Supplement to the Federal Notice of Funding Opportunity),
14 B (FY 18 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 18 Homeland
15 Security Grant Assurances) and incorporated herein by reference.
16 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
17 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
18 purposes.
19 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
20 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
21 specified in Attachment D hereto, which is incorporated herein by reference. If the grant requires
22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
23 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after
24 acquisition by COUNTY as is reasonably practicable.
25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant
26 funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to
27 perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE to
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CFDA: 97.067
Homeland Security Grant Program
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Attachment B -Agreement to Transfer Property or Funds Page 3 of 4
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
2 Attachments A, B and C hereto.
3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
4 Auditor General with respect to this Agreement for a period of three years after final payment hereunder.
5 10. No alteration or variation of the terms of this Agreement shall be valid unless made in
6 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
7 agreement not incorporated herein shall be binding on any of the parties hereto.
8 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
9 written consent of COUNTY.
10 12. For a period of three years after final payment hereunder or until all claims related to this
11 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
12 documents, papers and records relevant to the work performed or property or equipment acquired in
13 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
14 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
15 from which COUNTY received grant funds or their duly authorized representative(s), for examination,
16 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual
17 working hours.
18 13. SUBGRANTEE shall provide to COUNTY all records and information requested by
19 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
20 required to provide to the agency from which COUNTY received grant funds or other persons or agencies.
21 14. COUNTY may terminate this Agreement and be relieved of the payment of any
22 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in
23 this Agreement, including Attachments A, B and C hereto, at the time and in the manner herein provided,
24 or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with
25 the work in any manner deemed proper by COUNTY.
26 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
27 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
28 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of 4
Attachment B -Agreement to Transfer Property or Funds Page 4 of 4
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
2 State of California .
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DATED: 2019 --------·
APPROVED AS TO FORM:
COUNTY COUNSEL
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18 ATTEST:
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By
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CFDA : 97.067
Homeland Security Grant Program
Department of Homeland Security
COUNTY OF ORANGE, a political
subdivision of the State of California
Sheriff-Coroner
"COUNTY"
SUB GRANTEE
3-1()-U) Dated: ------------
Page 4 of 4
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant
has the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any non-federal share of project cost)
to ensure proper planning, management, and completion of the project described in this
application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO ; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for
federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations
(C .F.R.). Updates are issued by the Office of Management and Budget (OMS) and can be
found at http://www .w h ltehouse .gov /omb /.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are set forth below. The Applicant hereby agrees to comply
with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that the
Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or authorized
body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body, and
(d) The official executing this agreement is, in fact , authorized to do so .
This Proof of Authority must be maintained on file and readily available upon request.
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(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. These
include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or national
origin and requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency
(LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the
basis of disability and requires buildings and structures be accessible to those
with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part 100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units-i.e., the public and common
use areas and individual apartment units (all units in buildings with elevators and
ground-floor units in buildings without elevators)-be designed and constructed
with certain accessible features (See 24 C.F.R. § 100.201 );
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions of
NEPA; and Executive Order 12898 which focuses on the environmental and human
health effects of federal actions on minority and low-income populations with the
goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency empowered to
enter into contracts for the procurement of goods, materials, or services and each
federal agency empowered to extend federal assistance by way of grant, loan, or
contract shall undertake such procurement and assistance activities in a manner
that will result in effective enforcement of the Clean Air Act and the Federal Water
Pollution Control Act Executive Order 11990 which requires preservation of
wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m)Wild and Scenic Rivers Act of 1968 (16U.S.C.§1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist
order pursuant to § 13301 of the California Water Code for violation of waste discharge
requirements or discharge prohibitions; or 3) determined to be in violation of federal law
relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of
Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the
Comptroller General of the United States and, if appropriate, the state, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents related to the award. The Applicant will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply
with this provision.
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16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to
protect workers who may be injured on the job at all times during the performance of
the work of this Agreement, as per the workers compensation laws set forth in California
Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P .L. 93-234) which requires subrecipients in a
special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive
Order 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.);
and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and
24 CFR Part 35) which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting,
review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
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24. Best Practices for Collection and Use of Personally Identifiable Information (Pll)
OHS defines personally identifiable information (Pll) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is
linked or linkable to that individual. All recipients who collect Pll are required to have a
publically-available privacy policy that describes standards on the usage and maintenance
of Pll they collect. Recipients may also find the OHS Privacy Impact Assessments: Privacy
Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any
work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.
Part 200, Subpart E may not be charged to other federal financial assistance awards to
overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations,
or federal financial assistance award terms and conditions, or for other reasons. However,
these prohibitions would not preclude recipients from shifting costs that are allowable
under two or more awards in accordance with existing federal statutes, regulations, or the
federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issued in
compliance with this Act.
28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments . See OMB Circular A-129.
29. Fly America Act of 197 4
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding
certificates under 49 U.S. C. § 41102) for international air transportation of people and
property to the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 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-138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants
must ensure that all conference, meeting, convention, or training space funded in whole or
in part with federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including
any and all federal and state grants, loans, reimbursement, contracts, etc . The Applicant
recognizes and agrees that state financial assistance will be extended based on the
representations made in this assurance . This assurance is binding on the Applicant, its
successors, transferees, assignees , etc. Failure to comply with any of the above
assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with
these requirements may result in suspension of payments under the grant or termination of
the grant or both and the subrecipient may be ineligible for award of any future grants if the
Cal OES determines that any of the following has occurred: (1) the recipient has made false
certification, or (2) violates the certification by failing to carry out the requirements as noted
above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated
by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-standard -
terms-and-cond itions .
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Title : __ c_it _y _M_an_a_ge_r ______________ Date: ___ M_a_rc _h _11_, _20_2_0 ____ _
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