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Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 2, 2025
TOPIC: FY2024 Urban Area Security Initiative Program
AGENDA TITLE
Resolution, Appropriation Adjustment, Agreement, and Memorandum of Understanding
Accepting FY2024 Urban Area Security Initiative Grant Program Funds (Non-General
Fund - UASI)
RECOMMENDED ACTION
1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their
designee(s), to enter into agreements with the City of Anaheim for the FY 2024
Urban Area Security Initiative Grant Program.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE
CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN
AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2024 URBAN AREA
SECURITY INITIATIVE FUNDING PROGRAM
2. Authorize the City Manager and the Chief of Police to execute agreements
(transfer agreement and award agreement) with the City of Anaheim accepting the
FY 2024 Urban Area Security Initiative Grant Program in the amount of $1,655,974
for the period of November 12, 2025 through March 31, 2027 (Agreement Nos. A-
2025-XXX and A-2025-XXX).
3. Approve and authorize the City Manager and the Chief of Police to execute the
Memorandum of Understanding with the City of Anaheim accepting the FY 2024
Urban Area Security Initiative Grant Program.
4. Approve an Appropriation Adjustment recognizing $1,655,974 in grant revenue
from the FY 2024 Urban Area Security Initiative funding program revenue account
and appropriate same to the FY 2024 Urban Area Security Initiative Program Grant
expenditures accounts. (Requires five affirmative votes)
FY2024 Urban Area Security Initiative Program
December 2, 2025
Page 2
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GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Urban Area Security Initiative (UASI) program is approved by Congress through the
Consolidated Appropriations Act of 2024, and implemented by the U.S. Department of
Homeland Security (DHS) through the Federal Emergency Management Agency (FEMA),
to assist high-density urban areas to strengthen the nation’s communities against
potential terrorist attacks and other hazards. The UASI program provides funds to local
emergency first responders to enhance security and overall preparedness to prevent,
respond to, and recover from acts of terrorism. The grant specifically provides funding
for training, planning, equipment, exercises, and technical assistance.
In FY 2006, the DHS established a combined UASI in the Orange County Urban Area
called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. The City of Santa Ana now
shares grant administrative responsibilities with the City of Anaheim, annually alternating
the function of lead administrative agency. The City of Anaheim is the lead agency for FY
2024 funding and is therefore the UASI Sub-Grantee, with Santa Ana designated as a
sub-recipient through Anaheim. The Santa Ana Police Department has worked with the
City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban
Area to determine current capabilities and needs and have established goals and
objectives for the Anaheim/Santa Ana Urban Area. The goals and objectives are based
on regional assessments performed on annual basis. These assessments provide the
Anaheim/Santa Ana Urban Area insight into capability gaps related to the counties
response to acts of terrorism and any other form of natural or man-made disaster. The
capability gaps are then addressed through mitigating efforts. The mitigation efforts could
be in the form of training, and/or the purchasing of equipment. The City of Santa Ana will
work in collaboration with the City of Anaheim to implement complementary strategies for
responding to acts of terrorism.
The FY2024 funds will support the Homeland Security Training and Exercise Program to
enhance capabilities across multiple disciplines and jurisdictions in areas such as active
shooter, mass gathering and civil disturbances, cyber security, emergency management,
and advanced life-saving techniques. The funding will also be used for portable vehicle
barriers and to support the ReadyOC Emergency Preparedness Campaign, the "If You
See Something, Say Something" (SafeOC) Public Awareness Campaign, and the Orange
County Civic Center Video Surveillance System.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
FY2024 Urban Area Security Initiative Program
December 2, 2025
Page 3
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Approval of the appropriation adjustment will recognize $1,655,974 in the FY 2024 Urban
Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to
the Urban Area Security Initiative expenditure accounts for projected expenditures as
follows:
Fiscal
Year
Accounting Unit –
Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
FY 25-26 12514491-Various OES UASI UASI Cal OES
Anaheim, Various $ 993,585
FY 26-27 12514491-69011 OES UASI
UASI Cal OES
Anaheim, Reserve
Appropriations
$ 662,389
Total $1,655,974
The amounts shown above are estimates based on projected grant projects. Any
remaining balances not expended at the end of each fiscal year will be presented to City
Council for approval of carryovers to the subsequent fiscal year.
EXHIBIT(S)
1. FY 2024 Award Letter from the City of Anaheim
2. FY 2024 Resolution
3. FY 2024 UASI Transfer Agreement
4. FY 2024 Notification of Sub-Recipient Award
5. FY 2024 MOU with the City of Anaheim
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
ANAHEIM POLICE DEPARTMENT
TO MAINTAIN A SAFE COMMUNITY TO LIVE, WORK, AND PLAY
October 23, 2025
Alvaro Nuriez, City Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
SUBJECT: Notification of Sub-Recipient Award
Fiscal Year (FY) 2024 Urban Area Security Initiative (UASI) Program
Grant #2024-0088, Cal OES #059-95010; CFDA# 97.067
Sub-Recipient Performance Period: November 12, 2025 to March 31, 2027
FAIN: EMW-2024-SS-05088
Requesting Jurisdiction:City of Santa Ana
UEI #: KZE9G2M4GRX9
Fund: Federal Trust
Program: Homeland Security Grant Program
Match Requirement: None
Federal Awarding Agency Section:
Federal
Program
Fund / AL #
Federal
Awarding
Agency
Federal Award
Date
Total Federal
Award Amount
Total Local
Assistance
Amount
Homeland
Security Grant
Program /
97.067
US Department
of Homeland
Security
09/01/2024 tO
8/31/2027 9182,068,773 S172,965,335
Project Description Section:
* Project Acronym:
Homeland Security Grant Program (HSGP)
@ Project Description:
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.
Research & Development Section:
Is this Subaward a Research & Development grant? Yes € No [X
Exhibit 1
Subrecipient Award Section:
Projects:011- QC Civic Center Maintenance (NP)
020 - If You See Something, Say Something
023 - Ready QC Preparedness Campaign
045 - Portable Vehicle Barriers
Regional Training Program (NP)
(Project No. 031, 034, 036)
Regional Exercise Program (NP)
(Project No. 035, 037)
Program Management (NP)
(Project No. 010, 012, 022, 024, 041)
043 - Management & Administration
Total Award:
Dear Mr. Nuriez:
5xgs>-i
S150,000
9125,000
S115,860
5383,910
S155,000
S420,000
9109,937
Sl,655,974
This letter serves to inform you that the City of Santa Ana has been approved for grant
funding under the FY2024 Urban Areas Security Initiative (UASI) Grant Program in the
amount of 51,655,974. Once your completed eligibility packet, including signed UASI
Transfer Agreement, is received and an executed copy of the agreement is on file,
for eligible expenditures using the appropriatereimbursement may be requested
Anaheim/Santa Ana UASI (ASAUA) forms.
As part of the Homeland Security Grant Program (HSGP) Investment Justification and Grant
Application process, project applications submitted by the City of Santa Ana were reviewed
and evaluated based on federal program priorities, regional benefit, and degree of
applicability to the overarching Anaheim/Santa Ana Urban Area goals and objectives.
Throughout the grant cycle, the ASAUA Grant Office will use projected milestones and
performance measures to assess project status and overall grant compliance. All activities
funded with this award must be completed within the Sub-Recipient performance period.
It is critical that all City of Santa Ana employees that are involved in the FY24 UASI Grant
Program become familiar with the Transfer Agreement between the City of Anaheim and
the City of Santa Ana regarding the FY24 UASI Grant Program as well as the FY24 Homeland
Security Grant Notice of Funding Opportunity, the FY24 Homeland Security Grant Program
California Supplemental Guidance, and the FY24 Anaheim/Santa Ana UASI (ASAUA) Sub-
Recipient Grant Guide. This subaward is subject to the requirements in 2 CFR, Part 200. It
is imperative that the Anaheim UASI Office is contacted before any projects are procured to
ensure that Environmental Historic Preservation (EHP), Aviation/Watercraft, and
FY24 UASI Subrecipient Award Letter Page 2 of 3
Establish/Enhance Emergency Operations Center requirements have been met, as well as
financial regulations pertaining to sole source. Any modifications to projects identified as a
National Priority Project (designated on the project list with (NP)) will require prior approval
from CalOES/FEMA. We will seek any applicable requests and approvals on your behalf to
the California Governor's Office of Emergency Services (CalOES). Sub-Recipients are also
required to obtain a performance bond prior to the purchase of any equipment item over
9250,000. Performance bonds must be forwarded to the ASAUA Grant Office for submission
to CalOES no later than the time of reimbursement.
Reimbursement for overtime and backfill for training is no longer offered by the ASAUA;
however, the grant will continue to provide reimbursement for personnel who assist with
the instruction and delivery of the approved UASI courses. The funding allocation below is
being provided as an estimated value of training instructor participation based on the
number of first responders in your agency who have been approved to teach. It is being
provided for your City's respective internal budgetary needs only and does not reflect a
direct allocation as in the past. Additional funds may be awarded at a later time, depending
on your agency's participation and available dollars.
Regional Training Program - Instructor Participation
Police Department: S96,883
Sub-Recipients are encouraged to seek reimbursement through the grant cycle, as funds are
expended. Final Training Reimbursement Requests are due no later than December 31,
than March 31, 2027.
This grant is subject to all provisions of 2 CFR Part 200 Subpart F -Audit Requirements. Sub-
recipients are required to submit copies of completed Single Audit Reports to the ASAUA
Grant Office, along with any Corrective Action Plans as a result of HSGP findings.
Additionally, in accordance with 2 CFR Part 200.414, as part of the FY2024 UASI Grant
application process, the Anaheim/Santa Ana UASI was required to notify CalOES as to
whether or not they would be claiming indirect costs under the FY2024 grant award. The
ASAUA Grant Office has elected not to claim any "Facilities" and "Administration" indirect
costs under this grant cycle.
A dated signature from you, or your authorized designee, is required below. Please sign and
return the original to the ASAUA Grant Office and retain a copy for your files. If you have
any questions regarding this letter, please feel free to contact UASI Grant Coordinator
Jennifer Wann at (714) 765-1591 or jwann@anaheim.net.
FY24 UASI Subrecipient Award Letter Page 3 of 3
Sancere
Kerrstyn Vega
Police Support Services Administrator
Anaheim Police Department
CC: AUTHORIZED AGENT
ALV ARO NUNEZ
City Manager
ATTEST:
JENNIFER L. HALL
City Clerk
RECOMMENDED FOR APPROV AL:
ROBERT RODRIGUEZ
Chief of Police
APPROVED AS TO FORM:
SONIA R. CARV ALHO
City Attorney
TAMARA BOGOSIAN
Senior Assistant City Attorney
Date
FY24 UASI Subrecipient Award Letter Page 4 of 3
Resolution No. 2025-XXX
Page 1 of 2
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO
ENTER INTO AN AGREEMENT WITH THE CITY OF
ANAHEIM FOR THE FY2024 URBAN AREA SECURITY
INITIATIVE FUNDING PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A.The United States Department of Homeland Security has developed the
Urban Area Security Initiative funding program (UASI). UASI provides
funds to local emergency first responders to purchase equipment, planning,
training, exercises and technical assistance to enhance security and
preparedness to prevent, respond to, and recover from acts of terrorism.
B.In FY 2006 the United States Department of Homeland Security combined
the Anaheim and Santa Ana Urban Areas into a single Urban Area, and
provided for shared administrative responsibilities between Santa Ana and
Anaheim. In FY 2024, the City of Anaheim is the lead administrative agency
for UASI funding.
C.The City of Santa Ana has been awarded funding from the City of Anaheim
for the fiscal year 2024 UASI in the amount of $1,655,974.
Section 2. The City Council of the City of Santa Ana hereby authorizes and
directs the City Manager and the Chief of Police or their designee(s) to enter into
agreements with the City of Anaheim for the FY 2024 Urban Area Security Initiative
funding program in the amount of $1,655,974, including but not limited to an agreement
to accept the grant funding; a transfer or purchase of equipment services agreement with
the City of Anaheim; and a memorandum of understanding for the FY 2024 Urban Areas
Security Initiative.
Section 3. The authorization provided herein shall delegate the authority to the
City Manager, or their designee, to conduct all negotiations, sign and submit all
documents, including, but not limited to applications, agreements, and amendments, in
furtherance of and funded solely by the FY 2024 UASI grant funds, including but not
limited to agreements with contractors, consultants and vendors as necessary to
implement the goals set forth by the Urban Area Security Initiative funding program and
Exhibit 2
Resolution No. 2025-XXX
Page 2 of 2
applies to any and all FY 2024 UASI grant monies awarded under this grant and
documents required for authorization in furtherance of these grant monies.
Section 4. The City Council of the City of Santa Ana hereby approves an
Appropriation Adjustment recognizing the FY 2024 Urban Area Security Initiative in the
amount of $1,655,974 and appropriates same in the FY 2024 Urban Area Security
Initiative Program Grant expenditure accounts.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 2nd day of December, 2025.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Tamara Bogosian
Senior Assistant City Attorney
AYES: Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
Resolution No. 2025-XXX
Page 3 of 2
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2025-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on _______________.
Date: ________________ ____________________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
AGREEMENT
SUB-RECIPIENT: CITY OF SANTA ANA
City Contract Number
Exhibit 3
TABLE OF CONTENTS
Section Description
I
INTRODUCTION
§101. Parties to the Agreement
§102. Representatives of the Parties and Service of Notices
§103. IndependentParty
§104. Conditions Precedent to Execution of this Agreement
It
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Use of Grant Funds
Ill
PAYMENT
§301. Payment of Grant Funds and Method of Payment
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
§402. Applicable Law, Interpretation and Enforcement
§403. Integrated Agreement
§404. Excusable Delays
§405. Breach
§406. Prohibition Against Assignment or Delegation
§407. Permits
§408. Bonds
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3
4
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TABLE OF CONTENTS
Section Description
§409. Indemnification
§410. Conflict of Interest
§41 1. Restriction on Disclosures
§412. Statutes and Regulations Applicable to All Grant Contracts
§413. Federal, State, and Local Taxes
§414. Inventions, Patents and Copyrights
§415. MBE/VS/BE
3
v
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
§502. Amendments
v
ENTIRE AGREEMENT
§601. Complete Agreement
§602. Number of Pages and Attachments
Execution (Signature) Page
EXHIBITS
Exhibit A
Exhibit A-I
Exhibit B
Exhibit C
CalOES FY2024 Standard Grant Assurances
Standard Assurances Addendum
Certification Regarding Debarment, Suspension and Other Responsibility
Matters
Certification Regarding Lobbying
Exhibit D Supplemental Grant Subaward Information
Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2024 URBAN AREAS SECURITY INITIATIVE (UASI)
BET\/VEEN
THE CITY OF ANAHEIM
AND CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of 20, by and
between the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF
SANTA ANA ("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.qov/qrants/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-12.1 8.24.pdf
Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant
Office.
WHEREAS, this financial assistance is administered by the CtTY 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
1
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 or Anaheim and the City or Santa Ana, the County
of Orange, Santa Ana Unified School District Police, California State Llniversity,
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 uASl
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 ("LIASI 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 SANTA ANA ("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:
2
I
INTRODUCTION
§101. Parties to the Aqreement
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 SANTA ANA, a municipal corporation, 60 Civic Center Plaza, Santa
Ana, CA 92701
§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 or CITY OF SANTA ANA shall be:
Name: r41T SolleliSoQ
Sub Recipient Name: CtT '7 b/" J/hJ'7A AaAjA
SubRecipientAddress: (to ttvit t PL-
city5kt'lp A'4 State: CA, Zip: IliQ)
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. IndependentParty
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 Aqreement
SUB-RECIPIENT shall provide copies of the following documents to the CITY OF
ANAHEIM, unless otherwise exempted.
A. Standard Grant Assurances in accordance with section §41 2A 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 quafer 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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II
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on 1 1/12/2025 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.qov/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. ShallbesubjecttotherequirementsofTitle2CFRPart200.313and
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 0) 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.
4. 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.
2. 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.
3. 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 SOB-RECIPIENT, who shall
assume full responsibility for maintenance and repair of the
equipment throughout the life of said equipment.
4. SOB-RECIPIENT shall identify a Point-or-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.
5. SOB-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 CalOES. A catalogue of
Grantor approved and sponsored training courses is available at
https://cdp.dhs.qov/.
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://www.fema.qov/media-library/assets/documents/32326.
G. Any planning paid pursuant to this Agreement shall conform to the guidelines
7
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.
8
Ill
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 SLIB-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 SLIB-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.
9
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. Inteqrated 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
10
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 or all rights and
remedies, at law or equity, in the courts or 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 Aqainst Assiqnment or Deleqation
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 or 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,
11
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. Conflictoflnterest
A. SUB-RECIPIENTcovenantsthatitwillcomplywith2CFR200.318(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
§871 00 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.
12
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".
13
§41 1. 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 Requlations 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 Manaqement and Budqet (OMB) Circulars
SUB-RECIP'lENT shall comply with 2 Code of Federal Regulations
(CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit
Requirements for Federal Awards).
2. Sinqle 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.
14
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.
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 Riqhts
SUB-RECIPIENT shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title Vl 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 Vlll 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.
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.
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 or
a Member or Congress in connection with any federal action
concerning the award or renewal of any federal contract, grant,
loan, or cooperative agreement.
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
16
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 1 2372;
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 I 9, §§ 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).
17
2.Travel Expenses
SLIB-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.
SLIB-RECIPIENT'S travel and per diem reimbursement costs shall
be reimbursed based on SLIB-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.c 5701-11,
("Travel and Subsistence Expenses; Mileage Allowances"), or by
the Administrator or 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 SOB-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 Copyriqhts
A. Reportinq 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. 95-5"l7, 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
18
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. Riqhts 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. Copyriqht 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. Riqhts 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 Bindinq 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.
19
§415. Minority, Women, And Other Business Enterprise Outreach Proqram
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 or all SUB-RECIPIENT contracts,
including procurement, construction and personal services. This policy applies to
all Contractors and Sub-Contractors.
20
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.
21
Vl
ENTIRE AGREEMENT
§601. Complete Aqreement
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 Paqes 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.
22
IN WITNESS WHEREOF, the City and CITY OF SANTA ANA 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:
Theresa Bass
Clerk of the Council
Rick Armendariz
Interim Chief of Polioe
SUB-RECIPIENT
CITY OF SANTA ANA
UEI No. KZE9G2M4GRX9
APPROVED AS TO FORM:
BY:
Kristin Pelletier
Chief Assistant City Attorney
By:
pjjlli8d %818 ALVARO NUNEZ
Title
City Manager
ATTEST:
JENNIFER L. HALL
City Clerk
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM
Printed Name Tamara Bogosian
Title
ROBERT RODRIGU
Chief of Police
Senior Assistant City Attorney
23
EXHIBIT A
California Governor's Office of Emergency Services
FY2024 Grant Assurances
(All HSGP Applicants)
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
+imelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering
to all requirements within the:
(a) Applicable Federal Regulations (see below):
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Gron+s Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the
Code of Federal Regulations (C.F.R.) and adopted by the Department of
Homeland Security (DHS) CI+ 2 C.F.R. Part 3002.10. Updates are issued by the Office
of Management and Budget (OMB) and can be found at
ht+p://www.whitehouse.qov/omb/.
In the event Cal OES determines that changes are necessary to the subaward
after a subaward has been made, including changes to period of performance
or terms and conditions, Applicants will be notified of the changes in writing.
Once notification has been made, any subsequent request for funds will indicate
Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant
hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing
board, or authorized body in support of this project. This written authorization
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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;
(d) The Applicant is authorized by the city council, governing board, or
authorized body to apply for federal assistance, and the institutional,
managerial and financial capability (including funds sufficient to pay the
non-federal share of project cost, if any) to ensure proper planning,
management and completion of the project described in this
application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon
request.
2. Period of Performance
The period of performance is specified in the Aword. The Applicant is only
authorized to perform allowable activities approved under the award, within
the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (u.s.c.), for
persons entering into a contract, grant, loan, or cooperative agreement from
an agency or requests or receives from an agency a commitment providing for
the United States to insure or guarantee a loan, the Applicant certifies that:
(o) No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
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connection with this federal contract, grant, loan, or cooperative
agreemerf, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 u.s.c. §§ 1501-
1508 and §§ 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation,
or policy without the express written approval from the California Governor's Office
of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders l 2549 and 12689, and 2 C.F.R. § 200.214 and
codified in 2 C.F.R. Part l 80, Debarmenf and Suspension, the Applicant will provide
protection against waste, fraud, and abuse by debarring or suspending those
persons deemed irresponsible in their dealings with the federal government. The
Applicarf certifies that it and its subrecipien+s:
(Cl) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
depar+merf 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 an+itrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, moking 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 10CCII) with commission of any of the
offenses enumerated in paragraph (4) (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.
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5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with Clll state and federal statutes relating to non-
discrimination, including:
(a) Title Vl of the Civil Rights Act of l 964 (Public Law (P.L.) 88-352 and 42 u.s.c. §
2000d e+. 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. §§ l 681 -l 683, and
l 685-1686), which prohibi'is discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of l 973, (29 u.s.c. § 794), which
prohibits discrimination against those with disabilities or access and
functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 u.s.c. § 12101et seq.),
which prohibits discrimination on the basis of disability and requires buildings
and structures be accessible to those with disabilities and access and
functional needs;
(e) Age Discrimination Act of 1975, (42 u.s.c. §§ 6101-6!07), 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 Vlll of the Civil Rights Act of 1968 (42 u.s.c. § 3601 et seq.), relaxing 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.
Par+100. The prohibition on disability discrimination includes the requirement
that new multifamily housing with Tour or more dwelling units - i.e., the
public and common use areas and individual apartment units (all units in
buildings with elevators and ground-floor units in buildings without elevators)
- be designed and constructed with certain accessible features (See 24
C.F.R. § 100.201):
(h) Executive Order l 1246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000
in Government business in one year from discriminating in employment
decisions on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order l 1375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in
hiring and employment in both the United States federal workforce and on
the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination
based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations,
under which the Applicant must comply with equal treatment policies and
requirements contained in 6 C.F.R. Part 19:
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(l) The California's Fair Employment and Housing Act (FEHA) (California
Government Code §§ 12940-12957), as applicable. FEHA prohibits
harassmem and discrimination in employment because of ancestry, familial
status, race, color, religious creed (including religious dress and grooming
practices), sex (which includes pregnancy, childbirth, breas+feeding and
medical conditions related to pregnancy, childbirth or breastfeeding),
gender, gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and
family care leave, or pregnancy disability leave, military and veteran status,
and/or retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in fox supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply
to this application.
Civil Riqh+s Policies for Proqram Beneficiaries and Subrecipients of DHS funding,
pertaining to the following are available on the Cal OES website
(https://www.caloes.ca.qov/office-oflhe-director/policy-administration/civil-
riqhts-eeo/):
ii Non-discrimination in Programs & Services
* Reasonable Accommodation for Program Beneficiaries
Language Access Policy
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 u.s.c. § 701 et seq.),the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards,
including:
(a) The California Environmental Quality Act (CEQA) (Ca1ifornia Public
Resources Code §§ 21000-21177), to include coordination with the city or
county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6,
Chapter 3, §§ 15000-15387):
(c) The Federal Clean Water Act (CWA) (33 u.s.c. § 1251 et seq.), which
es+ablishes the basic structure for regulating discharges of pollutants into the
waters of the United States and regulating quality standards for surface
woters:
(d) The Federal Clean Air Act of 1955 (42 u.s.c. § 7401 ) which regulates air
emissions from stationary and mobile sources:
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(e) Institution of environmenfol quality control measures under the National
Environmental PolicyAct (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 l 1988:
(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 l 1990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1 974, (P.L. 93-523);
(j) The Endangered Species Act of l 973, (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 1 76(c) of the Clean Air Act of 1955, as amended (42 u.s.c.
§§74m et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 u.s.c. § 127 l et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: l ) 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 pursuam to section l 3301 of the California Water Code for
violation of waste discharge requirements or discharge prohibitions; or 3)
determined to be in violation of federal law relaxing to air or water pollution.8.
Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually,
the Applicant will perform the required financial and compliance audits in
accordance with the Single Audit Act Amendments of l 996 and C.F.R., Part 200,
Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give
the awarding agency, the Comptroller General of the United States and, if
appropriate, the state, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the award.
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The Applicant will require any subrecipients, contractors, successors, transferees
and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
I 'I. Financial Management
False Claims for Payment -The Applicant will comply with 31 u.s.c §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting -Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. l 09-282), including but not
limited to (a) the reporting of subawards obligating $30,000 or more in federal
funds, and (b) executive compensation data for first-tier subawards as set forth in
2 C.F.R. Part '170, Appendix A. The Applicant also agrees to comply with the
requirements set forth in the government-wide financial assistance award term
regarding the System for Award Management and Universal Identifier
Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower
protections at 10 u.s.c. § 2409, 41 u.s.c. § 4712, and 10 u.s.c. § 2324, 41 u.s.c. §
4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 1 06(g) of the
Victims Protection Act of 2000, as amended (22 u.s.c. § 7104) which prohibits the
Applicant or its subrecipien+s from: (1 ) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(Cl) The Davis-Bacon Act (40 u.s.c. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 u.s.c. § 3145 and l 8 u.s.c. § 874) and the Contract Work
Hours and Safety Standards Act (40 u.s.c. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 u.s.c. § 201 et seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non-
profit organizations.
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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 aword, 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 treatmem 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 1 02(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal
award subrecipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more;
(c) ASSiSt the awarding agency in ossuring compliance with Section 106 of the
National Historic Preservation Act of l 966, as amended (16 u.s.c. § 470),
Executive Order 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1 974 ( l 6 u.s.c. §
469a-1 e+ seq.): and
(d) Comply with the Lead-Based Paint Poisoninq 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 ond
such other information as may be required by the assistance awarding
agency or Sfate.
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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123
and 23123.5. These laws prohibit driving motor vehicle while using an electronic
wireless communications device to write, send, or read a text-based
communication. Drivers are also prohibited from the use of o wireless telephone
without hands-free listening and talking, unless to make an emergency CCIII to 911,
law enforcemenl or similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of
applying for funding under this program, or provided in the course of an entity's
grant management activities that are under Federal control, is subject to the
Freedom of Information Act (FOIA), 5 u.s.c. § 552, and the California Public
Records Act, California Government Code §7920.000 et seq. The Applicant should
consider these laws and consult its own State and local laws and regulations
regarding the release of information when reporting sensitive matters in the grant
application, needs assessment, and strategic planning process.
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other
documents describing projects or programs funded in whole or in part with federal
funds.
22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when
performing project activities outside the United States and obtain all appropriate
licenses, permits, or approvals.
23. Best Practices for Collection and Use of Personally Identifiable Information (Pll)
DHS defines 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. If the Applicant collects Pll, the Applicant is required to have a
publicly-available privacy policy that describes standards on the usage and
maintenance or the Pll they collect. The Applicant may refer to the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.
24. Copyright
Recipients must affix the applicable copyright notices of l 7 u.s.c. §§ 401 or 402 to
any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award (including
the federal award number and federal awarding agency). As detailed in 2 C.F.R.
§ 200.315, a federal awarding agency reserves a royaltyiree, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal
purposes and to authorize others to do so.
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25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing or matching requirements of any
other federal award in either the current or o prior budget period. (See 2 C.F.R. §
200.403(f)). However, recipients may shift costs that are allowable under two or
more federal awards where otherwise permitted by federal statutes, regulations,
or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 u.s.c. § 6201 which
contain policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular Ad 29.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (a
list of certified air carriers can be found of: Certificated Air Carriers List i US
Department of Transportation, https://www.transportation.gov/policy/aviation-
policy/certificated-air-carriers-list) 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 1 974 (49 u.s.c. §
40l 18) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision
B-1389 42.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1 974, as
amended, 15 u.s.c. § 2225a.
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under
programs that prohibit supplanting by law, the Applicant must ensure that federal
funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federai sources.
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31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 u.s.c. § 200 et seq. and
applicable regulations governing inventions and patents, including the regulations
issued by the Department of Commerce at 37 C.F.R. Part 4m (Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms under Government
Awards, Controcts, and Cooperative Agreements) and the standard patent rights
clause set forth at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under
programs that provide emergency communication equipment and its related
activities, the Applicam must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure
and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to,
individuals and organizations associated with terrorism. The Applicant is legally
responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative
agreements, and procurement contracts from all federal assistance offices
exceeds $10,000,000 for any period of time during the period of performance of
this federal financial assistance award, the Applicant must comply with the
requirements set forth in the government-wide Award Term and Condition for
Recipient Integrity and Performance Matters locafed at 2 C.F.R. Part 200,
Appendix Xll, the full text of which is incorporated here by reference in the award
terms and conditions.
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act), which amends 18 u.s.c. §§ '175-1 75c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This
includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
37. Peformance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission
requirements outlined in the Preparedness Grants Manual, the Applicant must
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demonstrate how the grant-funded project addresses the core capability gap
associated with each project. The capability gap reduction must be addressed in
the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a resta+ement of general
requirements imposed upon the Applicant and flow down to any of its
subrecipien+s as a matter of law, regulation, or executive order. If the requirement
does not apply to Indian tribes or there is a federal law or regulation exempting its
application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability
to an Indian tribe. The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe where it
does not already exist
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive
Order 14005. Applicants receiving a federal award subject to BABAA requirements
may not use federal financial assisfance funds for infrastructure projects unless:
(o) All iron and steel used in the project are produced in the United States - this
means all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United
States - this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured
product that are mined, produced, or manufactured in the United States is
greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has
been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this
means that all manufacturing processes for the construction material
occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies
that are consumed in, incorporated into, or affixed to an infrastructure project. It
does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment
and furnishings, such as movable chairs, desks, and portable computer
equipment, that are used at or within the finished infrasfructure project but are
not an integral part of the structure or permanently affixed to the infrastructure
project.
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Per section 70914(c) of BABAA, FEMA may waive the opplication of o Buy
America preference under an infrastructure program in certain cases.
40. E.0. 14074 - Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety
Recipient State, Triba!, local, or territorial law enforcement agencies must comply
with the requirements of section 1 2(c) of E.0. 1 4074. Recipient State, Tribal, local,
or territorial law enforcement agencies are also encouraged to adopt and
enforce policies consistent with E.0. l 4074 to support safe and effective policing.
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state gronts, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended
based on the representations made in these assurances. These assurances are
binding on Applicant, its successors, transferees, assignees, etc. as well as any of its
subrecipien+s. Failure to comply with any of the above assurances may result in
suspension, termination, or reduction of grant funds.
All appropriate documentation, CIS outlined above, must be maintained on file by
the Applicant and available for Cal OES or public scrutiny upon request. Failure to
comply with these requirements may result in suspension of payments under the
grant or termination of the grant or both and the Applicant may be ineligible for
award of any future grants if Cal OES determines that the Applicant: ( 'l ) has made
false certification, or (2) violates the certification by failing to carry out the
requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by the DHS Standard
Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can
be found CIO: h+tps://www.dhs.gov/publication/fyl5-dhs-standard-terms-and-
conditions.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
ApplicanUSubrecipient: C"Y o' San'a Ana
Signature of Authorized Agent:
Printed Name of Authorized Agent: Alvaro NLlr1eZ
Title: City Manager Date:
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EXHIBIT A-I
Program Standard Assurances Addendum
As the duly authorized representative of the Applicant/Subrecipient, I hereby certify
that the Applicant/Subrecipient, and any of its second-tier subrecipients or
representatives, will comply with all applicable 10CCII, state, and federal statutes,
including but not limited to the following state and federal statutes prohibiting hate-
based conduct:
(a) California Penal Code section 422.6(a):
(b) California Penal Code section 404.6:
(c) California Penal Code section 422(o):
(d) California Civil Code section 52.1 ;
(e) 18 u.s.c. § 249;
(f) 42 u.s.c. § 3631 :
(g) 18 u.s.c. § 247: and
(h) 18 u.s.c. § 241, 245.
Additionally, Applicant/Subrecipient will not engage, and certifies that it will take
steps to ensure that its second-tier subrecipients and representatives do not engage,
in conduct contrary to the purposes of the grant program and/or that threatens the
safety and security of Californians, including, but not limited to, acts of violence or
unlawful intimidation on the basis of race, gender, religion, national origin, sexual
orierfation, or other protected classifica'iions. Prohibited conduct includes, but is not
limited to, violation of the federal and state laws identified herein.
The undersigned represents that he/she is authorized to enter into this Addendum for
and on behalf of the Applicant/Subrecipient. Applicant/Subrecipient understands that
failure to comply with this Addendum or any of the assurances may result in
suspension, termination, reduction, or de-obligation of funding.
Applicant/Subrecipient agrees to repay funds in the event there is a violation of grant
aSSUranCeS.
Applicant/Subrecipient: C"V of Sania Ana
Signature of Authorized Agent:
Printed Name of Authorized Agent: AlVarO Nur1ez
Title: City Manager Date:
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to tl'ie regulations cited below to determine the certification to which they are required
to attest. Applicants should also review the instructions for certification included in the regulations before
completing this forin. Signature of this form provides for compliance with certification requirements under
the applicable CFR covering New Restrictions on Government-wide Debaririent and Suspension
(Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance
will be placed when the Agency determines to award the covered transaction or cooperative agreement.
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable
CFR, for prospective participants in covered transactions, as defined in the applicable CFR
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debannent, 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, forgeiy, 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 government entity
(Federal State or local) with commission of any of these offenses enumerated in paragraph (1)
(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions
(Federal, State or local) teiminated for cause or defarilt; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
Authorized Agent Signature
Alvaro Nufiez
Printed or Typed Natne
City Manager
Address: 20 Civic Center Plaza
Santa Ana, CA 92702
Title
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to whom this agreement is entered, if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Proqrams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Aqreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, u.s. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $I0,000 and
not more than $100,000 for each such failure.
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Subrecipient understands and
agrees that the provisions of 31 u.s.c. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
AGREEMENT NUMBER:
City of Santa Ana
AGENCY
Alvaro Nuriez, City Manager
NAME AND TITLE OF AUTHORIZED REPRESENT ATIVE
SIGNATURE DATE
EXHIBIT D
SUPPLEMENT AL GRANT SUBAWARD INFORMATION
1. Anaheim uASI Grant Office Contact Information Section:
Anaheim Police Department
Kerrstyn Vega, Police Support Services Administrator
425 S. Harbor Blvd.
Anaheim, CA 92805
2. FAIN#: EMW-2024-SS-05088
3. FUND: Federal Trust
4. Program: Homeland Security Grant Program
5. Match Requirement: None
6. Federal Awarding Agency Section:
Federal
Program
Fund / AL #
Federal
Awarding
Agency
Federal Award
Date
Total Federal
Award Amount
Total Local
Assistance
Amount
Homeland
Security Grant
Program /
97.067
US- De-partment
of Homeland
Security
09/01 /2024 $182,068,773 $172,965,335
7. Project Description Section:
* Project Acronym:
Homeland Security Grant Program (HSGP)
* Project Description:
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.
8. Research & Development Section:
* Is this Subaward a Research & Development grant? Yes € No [X
Police Support Services Administrator
425 S. Harbor Blvd.
Kerrstyn Vega
Anaheim, CA 92805
Anaheim / Santa Ana UASI
October 22, 2025
Dear Kerrstyn Vega:
NANCY WARD
DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8510 TELEPHONE
NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL
FY 2024 Homeland Security Grant Program (HSGP)
Subaward #: 2024-0088, Cal OES ID: 059-95010
The California Governor's Office of Emergency Services (Cal OES) has approved your
FY 2024 Homeland Security Grant Program (HSGP) application in the amount of
$4,731,981. As of the date of this letter, you may request reimbursement of eligible
grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW)
available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for
your records.
Any activities requiring additional review (e.g., Environmental Planning and Historic
Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment,
etc.) shall not incur costs until you receive written approval for those activities.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit
Requirements. Any funds received in excess of current needs, approved amounts, or
those found owed as a result of a final review or audit, must be refunded to the State
within 30 days upon receipt of an invoice from Cal OES.
For additional information, please contact your Cal OES Program Representative.
SUBJECT:
Homeland Security & Emergency Management Grants Processing
Enclosure
cc: Subrecipient file
GAVIN NEWSOM
GOVERNOR
www.CalOES.ca.gov
Exhibit 4
059-95010
ENY: 2025-26 Chapter: 4 SL: 14734Item: 0690-101-0890 Pgm: 0385FAIN#: EMW-2024-SS-05088 09/01/24 to 08/31/27Fund: Federal Trust AL#: 97.067Program: Homeland Security Grant ProgramMatch Req.: NoneProject No.: OES24HSGP000012 Amount: $315,000SC: 2025-14734
ENY: 2025-26 Chapter: 4 SL: 14744Item: 0690-101-0890 Pgm: 0385FAIN#: EMW-2024-SS-05088 09/01/24 to 08/31/27Fund: Federal Trust AL#: 97.067Program: Homeland Security Grant ProgramMatch Req.: NoneProject No.: OES24HSGP000012 Amount: $3,896,981SC: 2025-14744
ENY: 2025-26 Chapter: 4 SL: 14754Item: 0690-101-0890 Pgm: 0385FAIN#: EMW-2024-SS-05088 09/01/24 to 08/31/27Fund: Federal Trust AL#: 97.067Program: Homeland Security Grant ProgramMatch Req.: NoneProject No.: OES24HSGP000012 Amount: $120,000SC: 2025-14754
ENY: 2025-26 Chapter: 4 SL: 14764Item: 0690-101-0890 Pgm: 0385FAIN#: EMW-2024-SS-05088 09/01/24 to 08/31/27Fund: Federal Trust AL#: 97.067Program: Homeland Security Grant ProgramMatch Req.: NoneProject No.: OES24HSGP000012 Amount: $400,000SC: 2025-14764
MAIL LOG# 785096Docusign Envelope ID: 11CE6B67-1F06-4DA4-9697-D6F84D31EA5E
10/20/2025 10/20/2025
""-1\- €'51D'l
Cities of Anaheim and Santa Ana
Memorandum of Understanding
Urban Areas Security Initiative 2024
INTRODUCTION
1. Since 2004, the federal Department of Homeland Security (DHS), through the State
of California's Office of Homeland Security (OHS), now known as California Office of
Emergency Services (CalOES), as the State Administrative Agency (SAA), has
designated the Cities of Anaheim and Santa Ana (hereafter referred to as "the
Cities") as Urban Areas and awarded each jurisdiction grants under the Urban Areas
Security Initiative (UASI). UASI Grants have been awarded yearly since 2004 with
each cycle having a performance period of approximately two years. In the 2004
and 2005 grant cycles, DHS awarded the funds and subsequently required a
Homeland Security Strategy from each of the Urban Areas. Anaheim and Santa
Ana submitted a joint Strategy which ultimately formed the basis for Orange
County's overall terrorism preparedness efforts. In addition, DHS required an Initial
Strategy Implementation Plan (ISIP) as an overview of how the Cities planned to
spend UASI grant funds. The Strategy and the ISIP were approved for both grant
cycles and project development and implementation is on-going.
2. Starting with the 2006 grant cycle and with subsequent grant cycles, and at the
direction of Congress, DHS has redefined the criteria by which Homeland Security
funds are awarded under the UASI. In addition to population and population density,
DHS mandates that funds be distributed based upon risk and need. Additionally, as
part of the funding process, the latter grant cycles require a competitive application
process and the development of Investment Justifications to define how the Urban
Areas intend to spend requested funds. These changes make it clear that a city's or
cities' eligibility as high-risk destination is only the beginning of the analysis. The
analysis then has to consider what needs the cities are going to address with the
particular investments proposed. Only when the investment is justified will the
money flow to the cities that are otherwise eligible. This process ensures that not
only is DHS allocating funding based on risk and need, but that the funding is being
used to build the regional critical capabilities consistent with DHS goals and
priorities.
3. The Cities elected to define each Urban Area broadly to include all jurisdictions in
the county, as well as key disciplines, such as Health, Law, Fire, Emergency
Management 'and others as defined by DHS. Thus far, the grants have' been
individually awarded to, and managed in all respects by, each City (Anaheim and
Santa Ana). The Cities have collaborated with the County of Orange and all other
Exhibit 5
jurisdictions to form a partnership that has garnered acclaim from DHS, CalOES and
Congress. The Cities have formed a true partnership with all stakeholders in the
county and have collaborated to enhance overall preparedness levels, at all times
focusing on mitigating risk and improving consequence management for the most
critical infrastructure and targets as ultimately identified in the Countywide Strategic
Plan for Terrorism Preparedness.
4. Starting in fiscal year 2006, the Cities joined together and became one UASI. With
this came the requirement that one of the two UASI jurisdictions be designated as
the Single Point of Contact for purposes of the grant application and financial
management of the grant. The Cities wish to continue their collaborative effort with
the 2024 UASI Grant. The 2024 grant guidelines require fomialization of the current
Orange County structure for determining the focus of grant fund spending, which
includes the use of the lJrban Area Working Group to obtain input in developing
investment areas and specific projects to be funded. This process and input, which
is consistent with the process used in previous grant years, will assist the City
Managers of Anaheim and Santa Ana, as well as Orange County's Chief Executive
Officer, in making the final decisions with respect to grant expenditures.
OBJECTIVE AND SCOPE
In recognition of the 2024 Urban Areas Security Initiative grant purpose, guidelines, and
requirements, the Cities of Anaheim and Santa Ana wish to continue their strategic
partnership with each other, as well as with the County of Orange, all jurisdictions in the
county, and the stakeholder groups and disciplines that have thus far resulted in a
successful and acclaimed effort to reduce risk, mitigate vulnerabilities and manage
consequences related to a terrorism incident or threat. In addition, the Cities wish to
fulfill the requirements of DHS and Congress that all grant funds be distributed through
a funding program dedicated to a risk-based set of priorities, in which the Cities and
their partners will develop investment areas and projects that address the highest risks,
thus demonstrating their ability to effectively and efficiently spend grant funds in a
systematic and focused manner.
Therefore, the Cities of Anaheim and Santa Ana agree as follows:
4. Investment areas and projects will be developed as in previous years, consistent
with Orange County's Homeland Security Strategy, and with input from the Urban
Area Working Group.
2. The City of Anaheim will be designated as the Single Point of Contact (SPC) for
the 2024 UASI grant.
Cities of Anaheim and Santa Ana
Urban Areas Security Initiative 2024 MOU
Page 2 of 3
3. The SPC's responsibilities will include serving as the application lead; financial
and reporting management; and coordination of grant requirements with CalEMA
and DHS for the duration of the 2024 grant cycle.
4. Future SPC responsibilities will be negotiated and agreed upon by the Cities
when future grant cycles are announced.
5. This MOU has been submitted for review to CalOES, which fully supports and
approves or Ll,4 iieiil.
JimV rpool, Manag Date
City of Anah-ei
Alvaro Nunez, City Manager
City of Santa Ana
Date
Additional signatures on following page
Citles of Anaheim and Santa Ana
Urban Areas Security Initiative 2024 MOU
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Cities of Anaheim and Santa Ana
Memorandum of Understanding Urban Areas Security Initiative 2024.
ATTEST:RECOMMENDED FOR APPROVAL:
JENNIFER L. HALL
City Clerk
ROBERT RODRIGUEZ
Chief of Police
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
T BOGOSIAN
Senior Assistant City Attorney