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HomeMy WebLinkAbout9/3/2003 - STAFF REPORTS (18) DATE: September 3, 2003 TO: City Council FROM: Executive Director-Airports STATE GRANT ACCEPTANCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to accept State of California, Office of Homeland Security, Office of Emergency Services, SHSGP 03 Part II Critical Infrastructure Protection Grant ID #065-55254. SUMMARY: This action would enable the City to accept this state grant in a timely fashion and is required for acceptance by the state's Office of Homeland Security. BACKGROUND: Airport staff submitted a grant application to the State of California's Homeland Security Office of Emergency Services as part of the 2003 State Homeland Security Grant Program for Critical Infrastructure Protection. This$15.9 million dollar program allowed the Governor's Office of Emergency Services to award grant monies to various public safety agencies in 23 counties to reimburse overtime incurred while protecting critical infrastructure during the war with Iraq. The Critical Infrastructure Protection Grant marks the first time since the terrorist attacks of 9-11-01, that the federal government has agreed to reimburse police, fire, universities, transit districts,airports and others for the cost of overtime during a period of heightened alert. The airport's share is $4,582.00 for overtime incurred during the specified period. The attached Resolution allows the Office of Emergency Services to make the payment,and authorizes the City Manager to accept the grant amount as shown. BARRY`� F ALLEN F. SMOO , A.A.E. Assistant DjrmCtor of Aviation Executive Director- Airports APPROVED- City Manager ��. �• Attachments: Resolution No. / �� v , City of Palm Springs 5 y�11`d fl pld f'II1 iFr Office of the City Manager TEL: 619-323-8201 FAX: 619-323-8207 TDD: 619-864-9527 September4, 2003 Mr. George V. Vinson Director Governor's Office of Emergency Services Grant Payments Unit Post Office Box 419023 Rancho Cordova, California 95741-9023 Re. NOTIFICATION OF APPLICATION APPROVAL SHSGP 03 Part II Critical Infrastructure Protection 2003-0035, OES ID#065-55254 Dear Mr. Vinson: Enclosed is the application and Resolution No.20719 approved by the City Council of the City of Palm Springs on September 3, 2003 to accept State of California, Office of Homeland Security, Office of Emergency Services, SHSGP 03 Part II Critical Infrastructure Protection Grant ID#065-55254. The following Information concerning jurisdiction, grant program, name, title, address, city, zip code, telephone, fax, cell phone and e-mail is as follows: Jurisdiction - City of Palm Springs Grant Program - SHSGP 03 Part II Critical Infrastructure Protection 2003-0035, OES ID#065-55254 Name - David H. Ready Title - City Manager Address - 3400 E. Tahquitz Canyon Way, Suite OFC Zip Code - 92262 Telephone - (760) 322-8350 Fax - (760) 323-8207 Cell Phone - (760) 409-0833 E-Mail Address - DavidR@ci palm-springs.ca.us Sincerely, David H. Ready City Manager Enclosures. (as stated) Post Office Box 2743 0 Palm Springs, California 92263-2743 RESOLUTION NO. 20719 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY SHSGP 03 PART II CRITICAL INFRASTRUCTURE PROTECTION 2003-0035, OES ID#065- 55254 GRANT. WHEREAS the City of Palm Springs participated in the State of California's Office of Homeland Security Critical Infrastructure Protection Grant Program; and WHEREAS ;the Office of Homeland Security has approved the grant application in the amount of$4,582.00 forovertime cost incurred at the Palm Springs International Airportwhile protecting critical infrastructure during heightened threat levels with the war with Iraq; and NOW THEREFORE BE IT RESOLVED that the City Council authorizes the City Manager to accept this grant amount as of September 3, 2003, ADOPTED this 3rd day of September 2003. AYES: Members Hodges, Mills, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM 1 � � S GOVERNOR GRAY DAMS OFFICE OF TFIE GOVERNOR STATE CAPITOL STATE CiP Ca.I,QORNIA SACRAMENTO,CA 95814 GEORGr V. VINSON (916)324-8908 MAIN DIRECTOR OFFICE OF HOMELAND SECURITY (916)323-9633 FAx August 8, 2003 John Barry Griffith Assistant Director of Aviation Palm Springs, City of 3400 East Tahquitz Canyon Way, Suite OFC Palm Springs, California 92262 Dear Mr. Griffith: SUBJECT: NOTIFICATION OF APPLICATION APPROVAL SHSGP 03 Part lI Critical hifrastiucture Protection 2003-0035, OES ID #065-55254 The Office of Homeland Security has approved your grant application in the amount of $4,582.00. hi order to process your payment, the following fonns must be completed and returned: Governing Body Resolution indicating your authorized agent(s), Grant Assurances and Subgrant Award Agreement signed by an authorized agent(copies of all applicable forms have been enclosed). Once the Office of Emergency Services (OES)has received all required documents, your payment will automatically be processed. Please return the completed original forms to: Governor's Office of Emergency Services Grant Payments Unit Post Office Box 419023 Rancho Cordova, California 95741-9023 This grant is subject to all policies and provisions of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Any funds found owed as a result of an audit, must be refunded to the State within 30-days upon receipt of an invoice from OES. For further assistance, please contact the OES Grant Management Section at(916) 845-8110. Sincerely, / George V. Vinson Enclosures c: Applicant's file City Manager's Office o E s Governor's Office of Emergency Services CALIFORNIA «` C.as ofsa of Grant Detail Report FY03 State Homeland Security Grant Program - Part II Palm Springs, City of Decl# 2003-35, FIPS# 065-55254 Discipline item# Purchasing/Receiving Jurisdiction Unit Cost quantity Local Share Total Cost MULTIPLE 311 Palm Springs, City of / Palm Springs, City 4,582.00 1 4,582.00 Category: Non-Equipment Description: Critical Infrastructure Protection Total Obligated: 4,582.00 08/07/03 Page 1 of 1 California Office of Homeland Security State Homeland Security Grant Program,Part II Critical infrastructure Prntectinn Annlication for Assistance Applicant CITY OF PALM SPRINGS -- PALM SPRINGS INTERNATIONAL AIRPORT RECEIVEDTotal Public Safety Agency Overtime Costs ✓ $ 45,&2'05 t l S6,2 JUN 0 3 2003 Total Contract Security Personnel Costs $ G 5 (,00 GRANT PAYMENTS UNIT Total Amount Requested S 45yi� t I S8 2, v� Certification and Signature of Agency's Chief Financial or Administrative Officer (or designee) By signing below, I hereby certify that I am the duly appointed, qualified, and acting chieffinancial or administrative officer of the named agency; the amounts requested herein represent the applicant's actual Critical Infrastructure Protection costs incurred between March 17 through Apri116, 2003 in accordance with and have not violated the federal Department of Homeland Security, Office of Domestic Preparedness'FY 03 State Homeland Security Grant Program, Part II instructions. Signature Printed Name John Barry Griffith Title ssistant D' ector of Aviation Date May 30, 2003 Mailing Address 3400 East Tahquitz Canyon Way, Suite OFC City Palm Springs, California Zip 92262 Area Code,Office E-Mail Telephone Number (760) 318-3803 Address BarryG@ci.palm—springs.ca.us For OHS use ONLY Grant amount awarded:$ Verification of eligibility performed byi Name - "Date Award approved by: - 71157/0` ., Name Date - OES ID# Catalog of Federal Domestie;;Assietanoe 416.007,'fAward# 2M3-C__rD a STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY SUBGRANT AWARD AGREEMENT STATE HOMELAND SECURITY GRANT PROGRAM 03 PART II CRITICAL INFRASTRUCTURE PROTECTION 1. AGREEMENT NO. 2. OES ID NO. 3. TYPE OF ACTION 4. PROJECT/BUDGET PERIOD 2003-MU-T3-0035 065-55254 Subgrant Award 3/17/03 to 4/16/03 5. SEND AGREEMENT TO 6. PAYMENT METHOD 7. TOTAL PROJECTBUDGET COST Office of Emergency Services $4,592.00 Grant Payments Unit Reimbursement P.O.Box 419023 Rancho Cordova,CA 95741-9023 S. AUTHORIZED AGENT ADDRESS 9. RECIPIENT Palm Springs,City of City of Palm Springs 3400 East Tahquitz Canyon Way,Suite OFC Palm Springs,California 92262 10.ASSISTANCE PROGRAM(CDFA PROGRAM NO.&TITLE) 11. STATE PROJECT MANAGER AND PHONE# Peter Cruse(916)845-8203 16.07 Fiscal Year 2003 State Domestic Preparedness Equipment 12. STATE FISCAL COORDINATOR AND PHONE# Support Program OES Grant Management (916)845-8110 13. PROJECT TITLE AND DESCRIPTION 14. STATUTORY AUTHORITY SHSGP 03 Part II Critical Infrastructure Protection Public Law 108-11 15. REGULATORY AUTHORITY Title 28 CFR Part 66 FUNDS FORMER AWARD THIS ACTION TOTAL 16. Amount this action 0 $4,582.00 $4,592.00 17. Recipient Contribution 0 $0 $0 18. Allowable Project Cost $4,582 00 $4,582.00 NOTE: This Agreement must be signed and returned to the Office of Emergency Services(OES),Grant Payments Unit,P. O.Box 419023,Rancho Cordova,CA 95741-9023,within 3 calendar weeks after receipt or within any extension of time as maybe granted by OES. Receipt of a written refusal or failure to return the properly executed document within the prescribed time,may result in the withdrawal of this offer by OES. Any change to this document by recipient,subsequent to it being signed by the OES Award Official,which materially alters the document,shall void the Agreement. OFFER AND ACCEPTANCE The United States of America,acting by and through the U.S.Department of Homeland Security and California Office of Homeland Security,hereby offers assistance to the City of Palm Springs for 100%of all approved costs incurred up to and not exceeding$4,582.00 for the support of approved project described above(including all application modifications). THE U.S.DEPARTMENT OF HOMELAND SECURITY BY THE CALIFORNIA OFFICE OF HOMELAND SECURITY S GNATURE OF AWARD OFFICIAL TYPE NAME AND TITLE DATE Michael Levy August 8,2003 De my Do ector,Office of Homeland Security This Agreement is sub rot to applicable .Department of Homeland Security statutory provisions and assistance regulations In accepting this award or amendment and any payments made pursuant theieto,(1)the undersigned represents that s(he)is duly authorized to act on behalf of the recipient organization,and(2)the recipient agrees(a)that the award is subject to the applicable provisions of Public Law 108-11 and of the provisions of this agreement,including the Articles of Agreement,and (b)that acceptance of any funds constitutes an agreement by the recipient that the amounts,if any found owed as a result of an audit,must be refunded to the State within 30-day upon receipt of an invoice from OES. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPE NAME AND TITLE DATE Governing Body Resolution BEITRESOLVEDBYTHE CITY COUNCIL (Governing Body) OF THE CITY OF PALM SPRINGS THAT (Name of Applicant) DAVID H. READY, CITY MANAGER OR (Name or Title of Authorized Agent) OR (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance under the State Homeland Security Grant Program. Passed and approved this 3rd day of September 20 03 Certification I, DAVID H. READY duly appointed and (Name) CITY MANAGER ofthe CITY OF PALM SPRINGS (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the CITY COUNCIL ofthe CITY OF PALM SPRINGS on the (Governing body) (Name of Applicant) 3rd day Of September 20 03 CITY MANAGER (Official Position) (Signature) (Date) FY03 State Homeland Security Grant Program Page 51 Instruction Sheet for the Governing Body Resolution Purpose The purpose of the Governing Body Resolution is to appoint individuals to act on the governing body's behalf Authorized The Governing Body Resolution allows for the appointment of individuals Agent(s) or positions. For each person or position appointed by the governing body, submit the following information,with the resolution, to OES on the applicant's letterhead: ❑ Jurisdiction ❑ Telephone ❑ Grant Program ❑ Fax # ❑ Name ❑ Cell Phone# ❑ Title ❑ E-Mail Address ❑ Address ❑ City ❑ Zip Code Authorized If the Governing Body Is a new Applicant Action Needed Agent Changes Resolution identified Resolution authorized agents by.. Needed? Position Title No Submit authorized agent details as listed above Name Yes . Submit new Resolution to OES • Submit authorized agent details as listed above x FY03 State Homeland Security Grant Program Page 52 Office of Homeland Security Grant Assurances for State Homeland Security Grant Program Name of Applicant: CITY OF PALM SPRINGS — PALM SPRIigGS INTFRNATTDXAT ATppoRT Address: 3400 E,, Tahquitz Canyon Way, Suite OFC .. City: Palm Springs State: California Zip Code:_ 92262 Telephone Number: 760 322-8350 Fax Number: 7( 60 ) 323-5207. E-Mail Address: DavidMci.-palm—springs ca us As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning,management and completion of the State Homeland Security Grant Program. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. 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; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. .Will establish safeguards to prohibit employees from.using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others,particularly those with whom they have family,business or other ties. :7. Will comply,if applicable,with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C, §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 8. Will comply with all federal statues relating to nondiscrimination, These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended,which prohibits discrimination on the basis of race, color or national origin; FY03 State Homeland Security Grant Program Page 53 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 (P.L. 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations,Part 42, Subparts C,D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s)under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s)which may apply to the application. 9. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which maybe prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. 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.); FY03 State Homeland Security Grant Program Page 54 f, conformity of federal actions to State (Clean Air)Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the 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. 13. Will 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),EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 14. Will comply with Standardized Emergency Management System (SEMS)requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 15. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of$100 per federal fiscal year. 16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 17. Will comply with provisions of the Hatch Act(5 U.S.C. Sections 1501-1508 and 7324- 7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. FY03 State Homeland Security Grant Program Page 55 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89- 544, as amended, 7 U.S.C. 2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act(29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 21. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. Section 276a to 276a-7), the Copeland Act(40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagreements. 22. Will not make any award or permit any award(subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 23. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. 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. 24. Agrees that equipment acquired or obtained with grant funds: a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, FY03 State Homeland Security Grant Program Page 56 emergency medical,hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. c. Will 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. 25. Agrees that funds awarded under this grant will be used to supplement existing fiends for program activities, and will not supplant (replace)non-federal funds. 26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations,Part 66, that govern the application, acceptance and use of Federal funds for this federally-assisted project. 27. Will comply, and assure the compliance of all its subgrantees and contractors,with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 28. Will comply with provisions of 28 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 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 29. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 30. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act(ADA) 1990. 31. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. FY03 State Homeland Security Grant Program Page 57 32. Will provide an Equal Employment Opportunity Plan, if applicable,to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable,with the provision of the Coastal Barrier Resources Act(P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 35. Will comply with all applicable requirements of all other federal laws, executive orders, regulations,program and administrative requirements,policies and any other requirements governing this program. 36.Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: DAVID H. READY Title: , CITY MANAGER Date: FY03 State Homeland Security Grant Program Page 58