HomeMy WebLinkAbout2024-21 - 2023 Operation Stonegarden (OPSG)RESOLUTION 2024-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING ACCEPTANCE OF FISCAL YEAR 2023 OPERATION
STONEGARDEN (OPSG) FUNDS WHICH ARE TO BE USED TO DETER NARCOTICS
TRAFFICKING
WHEREAS, narcotics trafficking organizations continue to pose significant threats
in California, and in Costa Mesa; and
WHEREAS, federal grant funds have been allocated to the Riverside County
Sheriff's Department; to issue to sub -grantees to help disrupt and degrade transnational
criminal organizations involved in narcotics trafficking; and
WHEREAS, the Costa Mesa Police Department was allocated $191,000 for the
purchase of a fully outfitted marked patrol truck and operational overtime for personnel
costs; and
WHEREAS, it is in the interest of the city to accept the grant funds to assist in
deterring transnational drug trafficking.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
RESOLVES:
SECTION 1. In all respects, the above recitals are hereby incorporated by
reference.
SECTION 2. The City Manager or designee is authorized to approve all
documents necessary to accept the fiscal year 2023 OPSG funds in the amount
of $191,000.
Resolution No. 2024-21 Page 1 of 2
PASSED AND ADOPTED by this 21St day of May, 2024.
ATTEST:
Z46'_(ko/YL,
Brenda Green, bity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2024-21 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 21 st day of May, 2024, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, REYNOLDS, HARLAN,
AND STEPHENS
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: MARR.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 22"d day of May, 2024.
a Wda- CkVA�' -
Brenda Green, Qy Clerk
Resolution No. 2024-21 Page 2 of 2
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EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
FY2023 Standard Assurances
(All OPSG Participating Agencies)
Name of Agency:
Address:
City:
State: Zip Code:
As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the
Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial
capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any
reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure
proper planning, management and completion of the project described in this application, within prescribed
timelines.
I further acknowledge that the Agency 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 Grants Manual;
(d) HSGP California State 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.). Updates are issued by the Office of
Management and Budget (OMB) and can be found at http://www.whitchouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed above)
are set forth below. The Agency hereby agrees to comply with the following:
1. Proof of Authority
The Agency will obtain written authorization from the city council, governing board or authorized body in support
of this project. This written authorization must specify that the Agency and the city council, governing board or
authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be appropriated as
required;
(b) That any liability arising out of the performance of this agreement shall be the responsibility of the
Agency and the city council, governing board or authorized body;
(c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing
board or authorized body;
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 1 of 9 Initials
(d) That the Agency is authorized by the city council, governing body, 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, or to retroactively repay any reimbursement found
out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper
planning, management and completion of the project described in this application; and
(e) That the official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Agency is only authorized to perform allowable activities approved under the award, within the period of
performance specified in the grant. Allowable activities may be initiated after approval of the award.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. 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 Agency certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of 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 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.
(c) 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 Agencies shall certify and disclose accordingly.
The Agency 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 Agency 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 (EO) 12549 and 12689, and 2 C.F.R §200.213 and codified in 2 C.F.R Part 180,
Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or
suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies
that it and its principals, contractors, or subcontractors:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements,
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 2 of 9 Initials
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this
certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction
(Federal, State, or local) terminated for cause or default.
Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not
limited to the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.)
which prohibits discrimination on the basis of race, color or national origin and requires that recipients
of federal financial assistance take reasonable steps to provide meaningful access to persons with
limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex in any federally funded educational program or
activity;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, and requires buildings and structures be accessible to those with disabilities and access and
functional needs (42 U.S.C. § 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis
of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd --- 2), relating to confidentiality of patient
records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in
the sale, rental or financing of housing as implemented by the Department of Housing and Urban
Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units --- i.e., the public and
common use areas and individual apartment units (all units in buildings with elevators and ground -
floor units in buildings without elevators) --- be designed and constructed with certain accessible
features (See 24 C.F.R § 100.201);
(h) Executive Order (E.O.) 11246, 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 (E.O.) 11375, 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 all recipients must
comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(1) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California
Government Code § 12940, 12945, 42945.2), as applicable. FEHA prohibits harassment and
discrimination in employment because of ancestry, familial status, race, color, religious creed
(including religious dress and grooming practices), sex (which includes pregnancy, childbirth,
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 3 of 9 Initials
breastfeeding 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 tax
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) which may apply to the application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will
maintain a drug -free workplace and a drug -free awareness program as outlined in the Act.
7. Environmental Standards
The Agency will comply with State and Federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California 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) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for
regulating discharges of pollutants into the waters of the United States and regulating quality standards
for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and
mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act
(NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing
the Procedural Provisions of NEPA; and Executive Orders (EO) 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 (EO) 11988
(g) Executive Order (EO) It 514 which sets forth national environmental standards;
(h) Executive Order (EO) 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 (EO) 11990 which requires preservation of
wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
0) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 etseq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board
or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code
for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal
law relating to air or water pollution.
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 4 of 9 Initials
8. Audits
For grant recipients expending $750,000 or more in federal grant funds annually, the Agency will cause to be
performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R § 200.336, the Agency will give the awarding agency, the Comptroller General of the
United States and, if appropriate, the State, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Agency will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Agency will establish safeguards to prohibit the Agency'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.
11. Financial Management
False Claims for Payment - The Agency will comply with 31 U.S.0 § 3729-3733 which sets forth that no subgrantee,
recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency
Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal
funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which
includes requirements for executive compensation, and also requirements implementing the Act for the non-federal
entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and
2 C.F.R. part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Agency also 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 Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act TVPA
of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient 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 Agency will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. §
3145 and 18 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 al.) as they apply to employees of institutes
of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Agency 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 etseq.
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 5 of 9 Initials
17. Property -Related
If applicable to the type of project funded by this federal award, the Agency will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
PropertyAcquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment
of persons displaced or whose property is acquired as a result of federal or federally -assisted programs.
These requirements apply to all interests in real property acquired for project purposes regardless of
federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973 (P.L. 93-234) which requires Agencies in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order (EO) 11593 (identification
and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16
U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. 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 Agency 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 to the approved plans and specifications and will furnish progressive
reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Agencies are 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 a wireless telephone without hands -free listening and
talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act
The Agency 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 section 6250 et seq. The Agency 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.
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 6 of 9 Initials
HOMELAND SECURITY GRANT PROGRAM (HSGP) —
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgement of Federal Funding from DHS
All Agencies must acknowledge their use of federal funding when issuing statements, press releases, requests for
proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with
federal funds.
22. Activities Conducted Abroad
All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary
with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PH)
DHS defines personally identifiable information (PII) as any information that permits the identity of an individual
to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All
Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the
usage and maintenance of PII they collect. Agencies may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy template a useful resource respectively.
24. Copyright
All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of
U.S. Government sponsorship (including the award number) to any work first produced under federal financial
assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E
may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions
imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other
reasons. However, these prohibitions would not preclude Agencies from shifting costs that are allowable under two
or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award
terms and conditions.
26. Energy Policy and Conservation Act
All Agencies 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
All Agencies are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129.
28. Fly America Act of 1974
All Agencies must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 7 of 9 Initials
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all
conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the
fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15
U.S.C. § 2225a.
30. Non -supplanting Requirement
All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by
law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, Agencies are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All Agencies who receive federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All Agencies must comply with Executive Order (EO) 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. Agencies are legally
responsible to ensure compliance with the EO and laws.
34. Reporting of Matters Related to Subrecipient Integrity and Performance
If the total value of the Agency'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, you must comply with the requirements set forth in the government -wide Award
Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,
the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
All Agencies must comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18
U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All Agencies must obtain permission from DHS Financial Assistance Office, prior to using the DHS seal(s), logos,
crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast
Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 8 of 9 Initials
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and
state grants, loans, reimbursement, contracts, etc. The Agency recognizes and agrees that state financial assistance
will be extended based on the representations made in this assurance. This assurance is binding on the Agency, its
successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Agency 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 Agency may be ineligible for award of any
future grants if Cal OES determines that any of the following has occurred: (1) the Agency has made false
certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at
all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2023,
Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-
standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the
above -named Agency.
Name of Agency:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Date:
Email Address:
FY 2023 Operation Stonegarden Grant - Standard Assurances Page 9 of 9 Initials
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Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2023 OPSG
(All OPSG Participating Agencies)
Certification for Contracts, Grants, Loans and Cooperative Agreements
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 of Lobbying Activities,' 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 $10,000 and not more than $100,000 for each such
failure.
FY 2023 Operation Stonegarden Grant - Certification Regarding Lobbying P a g e 1 1 2
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG)
CERTIFICATION REGARDING LOBBYING UNDER FY2023 OPSG
(All OPSG Participating Agencies)
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.
Name of Agency:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
FY 2023 Operation Stonegarden Grant - Certification Regarding Lobbying P a g e 2 1 2