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Home My WebLink AboutORANGE, COUNTY OF (5) - 20091~~S1!RANCE n'^T REQUIRED WC?NK D:i;~Y F'~3QCEED A-2009-058 CLEf;i~ ~'~; Ct7UNC1L r1t~Tr ~ ~~ a'~~ AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2008 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this ~ S± day of ~c,.c. in ~ 2009, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and CITY OF SANTA ANA a (municipal corporation special districtfnot-for- profit corporation), hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the `lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security, to enhance county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 08 CA Supplement to Federal Program Guidelines), B (2008 Homeland Security Grant Programs) and C (FY 08 Grant Assurances) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as specified in Attachment B hereto, which is incorporated herein by reference. If the grant require COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soor. after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use saic grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEI= Page 1 of 4 ,7 1 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3• Throughout its useful life, SUBGR.ANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 shall make it available for mutual aid response. 6 4• SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 7 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 11 said equipment. 12 5. SUBGR-ANTES shall assume all continuation costs of said equipment, technologies 13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment, 14 technologies and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGI2ANTEE shall transfer or dispose of grant-funded 17 equipment only in accordance with the instructions of COUNTY. 18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 21 corporation furnishing or supplying work services, materials or supplies in connection with 22 SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGR.ANTEE's 23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims 24 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged b 25 SUBGRANTEE in SUBGRANTEE's use of y grant-funded equipment, technology or services and 26 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 27 8• By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY Page 2 of 4 - _. ~,~; 1 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A, B and C hereto. 3 9• SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after fmal payment 5 hereunder. 6 10• No alteration or variation of the terms of this Agreement shall be valid unless made in 7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 8 agreement not incorporated herein shall be binding on any of the parties hereto. 9 11 • SUBGR.ANTEE may not assign this Agreement in whole or in part without the express 10 written consent of COUNTY. 11 12. For a period of three years after final a p yment hereunder or until all claims related to this 12 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 13 documents, papers and records relevant to the work performed or property or equipment acquired in 14 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 16 from which COUNTY received grant funds or their duly authorized representative(s), for examination, 17 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during 18 usual working hours. 19 13. SUBGRANTEE shall provide to COUNTY all records and information requested b 20 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY ma be 21 re wired to y q provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 14. COUNTY ma terminate this A Bement and be relieved of the a y gr 24 consideration to SUBGR-ANTEE if a) SUBGRANTEE fails to perform any of the co e yment of any nants contained 25 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein 26 provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may 27 proceed with the work m any manner deemed proper by COUNTY. 28 Page 3 of 4 ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,7 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: , 2009 COUNTY OF ORANGE, a political subdivision of the State of California By Sheri -Coron r «C Y„ APPROVED AS TO FORM: COUNTY COUNSEL BY %~~ G~~ ,,t Nicole A. Sims, Deputy DATED: ~ .S- , 2009 DATED: _ ~' - (~ ~~~ SUBGRANTEE y' ~`,~ DAVID N. REAM City Manager By: ATTEST: "~ YATRICIA -E. AFAT.y Clerk of the - u~Cii SATED: - ( _,, 2009 ApPRQVED AS TO FORM / r. '~~ ~ Vx t ' .~ _ Teresa Judd Deputy City Ati4e~ney Page 4 of 4 Governor's Office of Homeland Security FY08 Homeland Security Grant Program California Supplement to Federal Program Guidance and Application Kit May 7, 2008 EXHIBIT ~ --~ STATE OF CALIFORNIA Arnold Schwarzenegger, Governor Governor's Office of Homeland Security Matthew R. Bettenhausen, Director Gary Winuk, Chief Deputy Director Grants Management Division Larry Davis, Deputy Director John Isaacson, Division Chief Fiscal and Reporting Unit Kris Whitty, Program Manager Homeland Security Grant Unit Ursula Harelson, Program Manager Fiscal Program Staff Inam Ali Sabra Bowen Gina Joaquin Homeland Security Grant Staff Cameron Bardwell Maybel Garing Sarah Knight Leo LaMattina Rachel Magana r Y08 Homeland Security Grant Program Page 2 Table of Contents Page State of California- Office of Homeland Security 2 Foreward- Director's Message 4 Section One -Overview 5 Federal Program Guidance and Updates 5 Purpose of the California Supplement 5 Eligible Subgrantees 5 Approval Authority Body (SHSP only) 5 Subgrantee Allocations 6 Tribal Governments and Native American Allocation 6 Public and Private Organizations 6 Management and Administrative Costs 6 State Contact Information 6 Section 2 -Subgrant Timeline g Timeline Chart Q Section 3 -Key Federal and State Changes & Initiatives 9 Key Federal Changes g Key State Changes and Initiatives 10 Section 4 -Subgrant Applications 13 State Application Components 13 Regional Approach 13 Applications Due 14 Application Approval 14 Governing Body Resolution 14 Grant Assurances 14 State Agencies 15 Section 5 -Post Subgrant Award 16 Post Award Modifications 16 Subgrantee Performance Reports 16 Monitoring Subgrantee Performance 16 Suspension or Termination 1 ~ Closeout 1 ~ Advances and Interest Earned on Advances 1 g Payment Request Process 1 g Non-G&T Developed Training Courses 1 g Authorized Equipment List 1 g Appendiz 19 Governing Body Resolution - OA and UASI 20 Governing Body Resolution Instructions 22 Signature Authority -State Agency 23 State Agency Project Description Template 24 FY08 Homeland Security Grant Program Page 3 Foreward: Director's Message The Governor's Office of Homeland Security (OHS) has had another successful year working with our partners in enhancing the four mission areas of the National Preparedness Goals of prevent, protect, respond, and recover. To continue that progress, we are releasing the FY2008 Homeland Security Grant Program (HSGP) guidance. As you review the guide, you will see that there have been several changes this year. FY2008 HSGP will focus on three objectives as its highest priorities: 1. Measuring progress in achieving the National Preparedness Guidelines 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, detection and protection capabilities 3. Strengthening preparedness planning At least 25% of HSGP (State Homeland Security Program [SHSP], Urban Area Security Initiative [UASI], Metropolitan Medical Response System [MMRS], and Citizen Corps Program [CCP]) funds must be collectively allocated to objectives two and three as required by the federal grant guidelines. In past years, the federal Department of Homeland Security has consolidated the administration of programs into one application package. They have once again consolidated the grant programs, however, because of changes in federal law (Implementing Recommendations of the 9/11 Commission Act of 2007 and FY2008 Consolidated Appropriations Act, FY2008 HSGP) there was not a separate budget line-item for the Law Enforcement Terrorism Prevention Program (LETPP). The LETPP grants are now funded as a percentage of the SHSP and UASI allocations. We are required to ensure that at least 25 percent of the SHSP and UASI funds are dedicated towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment activities. Of course, our grant staff is available to assist you with any questions. They are here to serve you, our customer. I also want to take this opportunity to thank them for all their hard work and dedication. While the federal grant rules, guidance and requirements require a lot of effort by all of us, I especially appreciate all the work that each of you do to make sure we meet these requirements and wisely invest these important funds to better prepare California and the nation. I am amazed everyday by the hard work and dedication by each of you across this great State. We look forward to another successful year of working with you to better prepare California and make our communities safer. MATTHEW R. BETTENHAUSEN Director Governor's Office of Homeland Security FY08 Homeland Security Grant Program Page 4 Section 1 -Overview Federal The U.S. Department of Homeland Security (CTS DHS) published the Program FY 2008 Homeland Security Grant Program, Program Guidance and Guidance and Application Kit on February 1, 2008. Updates The Guidance and Application Kit may be obtained at: http://www.ohs.ca. ov/FY2008 HSGP html Information US DHS also issues information bulletins that provide grant updates, Bulletins information, clarification, and requirements throughout the life of the grant. Information Bulletins: http://www.ojp usdoj.gov/odp/docs/bulletins htm Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by the US DHS, Supplement Office of Grants and Training. The Supplement will emphasize differences between the FY 07 and FY 08 Homeland Security Grant Programs, and will include additional California policies and requirements applicable to FY 08 HSGP. Eligible Eligible subgrant recipients, referred to as subgrantees, differ for each Subgrantees program. Generally, eligible subgrant recipients for FY 08: - Operational Areas (OA) - includes Metropolitan Medical Response (MMRS) - Native American tribes - Urban Area Security Initiative Jurisdictions (UASn - State Agencies (SA) Approval Authority Body Operational Areas must appoint an Anti-Terrorism Approval Body (SHSP only) (Approval Authority) to have final approval of the OA's application for SHSP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the Operational Area Fire Chiefs) • County Sheriff • Chief of Police (selected by the Operational Area Police Chiefs) Each member of the Approval Authority must provide written agreement with the OA's application for SHSP funds. NOTE: A list of the Approval Authority Body members, and associated contact information, must be submitted with the FY08 HSGP application. FY08 Homeland Security Grant Program Page 5 Subgrantee Subsequent to US DHS's announcement of funding to California on Allocations approximately July 28, 2008, Subgrantee allocation information will be made available via an OHS Grant Management Memorandum (GMM) Tribal NOTE: All subgrantees are encouraged to coordinate with Tribal Governments Governments to ensure that Tribal needs are considered in the subgrantees' applications. Native Federal FY08 grant guidance requires OHS to designate a portion of the American SHSGP funds to Native American tribes in California. In order to Allocation implement this requirement, OHS will be awarding California tribes a share of this funding equivalent to a 59~' Operational Area on a base plus population basis. In order to submit an application for funding, California's 108 tribes shall develop a coordinating group that represents all or substantially all of the tribes. The coordinating group shall have 180 days to submit to OHS its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California tribes. Public and Private Organizations NOTE: Subgrantees may contract with any other public or private organizations to perform eligible activities on approved projects. Management and The Subgrantee Management and Administrative (M&A) allowance is a Administrative maximum of 3% of the subgrant award on all FY 08 HSGP programs. (The Costs 3% cap was set by federal law.) State Contact Information All Subgrantee application materials, related questions, comments and correspondence should be directed to the address below. Governor's Office of Homeland Security ATTN: Grants Management Division State Capitol Sacramento, CA 95814-4900 (916)324-8908 (916) 324-5902 Fax OHS Regional Representatives may be located on the regionl map at: http://www.ohs.ca.~ov/pdf/OHS Re Tonal Ma,Qpdf Important Note: HAND DELIVERED APPLCATIONS WILL NOT BE ACCEPTED OHS website Governor's Office of Homeland Security Website http://www. ohs . ca. gov/ FY08 Homeland Security Grant Program Page 6 Access to Office for Domestic Preparedness Secure Portal Secure portal https://odp.esportals.com/index.cfin To obtain access to the ODP Secure Portal, please contact BJ Bjornson, Secure Portal Administrator, Office of Homeland Security, Training and Exercise Program (T&E) Bj.Bjornson@ohs.ca.gov Phone (916) 826-4488 Grants To obtain access to the Grants Reporting Tool (GRT), please click on the link Reporting below and follow the instructions that read, "If you need to register for an Tool account please click here." For additional assistance in the GRT, please contact Inam Ali (916-324-6054 or Inam.Ali@ohs.ca.gov) or Sabra Bowen (916-324-6779 or Sabra.bowen@ohs.ca.gov) Federal Emergency Management Agency (FEMA), Grant Reporting Tool (GRT) htt s://www.re ortin .od .dhs. ov FY08 Homeland Security Grant Program page 7 Section 2 - Subgrant Timelines FY 08 HSGP US DHS Announcement of FY 08 HSGP Subgrantee Timeline SAA application due FY 08 HSGP California Supplement release Subgrantee application workshops US DHS Award OHS release of Suballocations Subgrantee applications due to OHS Subgrantee awards (45 days from US DHS award) Subgrantee performance period begins Subgrantee performance period ends Final requests for reimbursement due SAA Performance Period Ends * Date approximate depending on US DHS award date February 1, 2008 May 1, 2008 May 5, 2008 June, 2008 July 28, 2008* August 1, 2008* August 15, 2008* September 10, 2008* September 10, 2008 March 31, 2011 Apri110, 2011 June 30, 2011 FY08 Homeland Security Grant Program Page 8 Section 3 -Key Federal and State Changes and Initiatives Key Federal FEDERAL Changes and Overarching HSGP Priorities Initiatives Funding priorities for this year continue and further narrow the focus on risk-based funding and capability-based planning that the Department of Homeland Security (DHS) began three years ago. FY 2008 HSGP will focus on three objectives as its highest priorities. These three objectives are: 1. Measuring progress in achieving the National Preparedness Guidelines 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities 3. Strengthening preparedness planning Post-award Analysis To ensure that the HSGP funding is allocated to address the nation's highest risks and support the capability-based planning process, the Department will conduct apost- award analysis to identify trends that can better inform and guide future policy decisions supporting national preparedness. Grantees may be asked to cooperate in FEMA's post-award analysis. Potential for Future Match Requirements Grantees are not required to engage in cash or in-kind match for FY 2008 HSGP funds. However, there is the potential for future grant programs to be impacted by cash match requirements as early as FY 2009. Accordingly, grantees should anticipate and plan for future homeland security programs to require cash or in-kind matches at cost-share levels comparable to other FEMA-administered grant programs. FY08 Homeland Security Grant Program Page 9 Key State Changes STATE and Initiatives Terrorism Liaison Officer (TLO) - In an effort to continue to build towards a comprehensive, integrated prevention network of information sharing, all recipients of FY 08 Homeland Security Grant funds will be required to designate a trained TLO within their organization. An initial roster must be submitted at the time of application. Subgrantees must require documentation for their subrecipients prior to the subaward of Homeland Security Grant funds. To request a waiver of this requirement, please contact OHS Information Sharing Division's, Deputy Director, William Hipsley at Bi11.Hipsley@ohs.ca.gov. CAL DRIES - The State Terrorism Threat Assessment Center (STTAC) and Regional Terrorism Threat Assessment Centers (RTTAC) are all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL DRIES), which provides data sharing capabilities throughout the state. The DRIES is an integral component in the information sharing network throughout the state. Applicants shall document CAL DRIES access or an application for access to CAL DRIES in their grant application to be eligible for funding. Access or an application for access will be confirmed with the STTAC prior to final application approval. Native American Allocation -Federal FY08 grant guidance requires OHS to designate a portion of the SHSGP funds to Native American tribes in California. In order to implement this requirement, OHS will be awarding California tribes a share of this funding equivalent to a 59~' Operational Area on a base plus population basis. In order to submit an application for funding, California's 108 tribes shall develop a coordinating group that represents all or substantially all of the tribes. The coordinating group shall have 180 days to submit to OHS its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California tribes. Tactical Interoperable Communications Plans (TICP) and CALSIEC Participation - In FY07 participation in the California Statewide Interoperability Executive Committee (CaISIEC) and the development of a Tactical Interoperable Communications plans was strongly suggested. As a condition of FY 08 HSGP funding, Subgrantees shall show completion or demonstrate progress (to include a completion timeline) for the development of a TICP. Technical assistance in developing a TICP is available. TICPs may be completed regionally or at the Operational Area level. Subgrantees are again encouraged to participate in Ca1SIEC and the Ca1SIEC planning areas. Failure to Submit Required Reports -Many subgrantees fail to fulfill the periodic reporting requirements as required by the grant. Subgrantees who miss a single reporting deadline will receive a letter addressed to their Board of Supervisors informing them of the failure to report. County Operational Areas and Tribal Native Americans who fail to report twice in a row will have subsequent awards reduced by ten percent (10%) until timely reporting is reestablished. UASIs shall have a "hold" placed on any future reimbursements. FY08 Homeland Security Grant Program Page 10 Key State Changes Corrective Action Plans -The Monitoring and Audits Unit (MAU) is actively and Initiatives conducting monitoring visits, both desk review and on-site, among subgrantees. (cont) Many of these jurisdictions receive "findings" which necessitate a Corrective Action Plan (CAP) on their part. Those subgrantees who fail to submit a CAP as required shall have a "hold" placed on any future reimbursements until the `finding" is resolved. "On Behalf Of' -Consistent with the federal guidelines, the OHS may, in conjunction with local approval authorities, designate funds "on behalf of local entities that choose to decline or fail to utilize their homeland security award in a timely manner. CONOPS -State Terrorism Threat Assessment System (STTAS) grant funding is currently provided by the US Department of Homeland Security through the Governor's Office of Homeland Security (OHS) -- Grants Management Division. The State Terrorism Threat Assessment Center (STTAC), Regional Terrorism Threat Assessment Center (RTTAC), and Intelligence Nodes receiving Homeland Security grant funding through the OHS are required to comply with the California STTAC Concept of Operations. Noncompliance with the California STTAC Concept of Operations may result in the loss of eligibility for future grant funds or the rescission of funds previously allocated. Investment Justification Planning Conference -OHS will conduct its annual Investment Justification Planning Conference to receive statewide input across all disciplines. The conference will be held September 2-3, 2008. This conference is an eligible planning activity. Please be sure to include the cost to attend this conference in your FY 08 HSGP application. State Initiative Funding - In FY 08 HSGP, the OHS shall retain twenty percent (20%) of the SHSP, UASI funding awarded to California for state initiatives. The State will pass 100% of the MMRS and CCP funding to eligible subgrantees. 10% Training Requirement -Not less than ten percent (10%) of all subgrantee applications must be allocated to Grants and Training (G&T) approved Training activities. However, training on equipment will be allowed as part of the 10%. Subgrantees will put this in writing and submit to OHS Program Representative. This does not apply for Exercises. Generally, there are not state restrictions or preferences on how subgrantees allocate funds across eligible program activities. Exercises - Subgrantees must conduct threat- and performance-based exercises in accordance with G&T's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Once an exercise paid for with grant funds has been scheduled, subgrantees must notify the Office of Homeland Security, Training and Exercise Program (T&E) of the exercise date, time, location, and point of contact information. T&E will maintain aweb-based master schedule of all exercises occurring throughout the state, to increase communication and coordination of all exercises. FY08 Homeland Security Grant Program Page 11 Key State Changes Exercise After Action Reports (AAR) and Improvement Plans (IP) must be and Initiatives provided to G&T within 60 days following the completion of each exercise. (cont) Delivery to G&T is accomplished by posting the AAR and IP in the appropriate Important Note: portion of the G&T secure portal. Exercise costs will not be reimbursed until an after action report has been posted on the secure portal. Subgrantees scheduled to participate in Golden Guardian (GG) exercise Golden Guardian activities should program FY 08 HSGP funds into their subgrant application. Costs OHS program representatives will be checking applications from subgrantees scheduled to participate GG activities within the FY 08 HSGP grant performance period for adequate exercise funding. T&E is the subgrantee's point of contact for exercise related issues and questions. Subgrantees may contact the T&E at (916) 826-4488, or by e-mail to Bj.Bjornson ,ohs.ca.gov. Applicants are strongly encouraged to functionally integrate their efforts by CAL METRICS participating in the California Metrics Project, a Statewide standardized resource typing and capabilities inventory and assessment effort. The CA Metrics Project, in collaboration with Federally coordinated National efforts, seeks to develop a systematic method for identifying gaps in prevention, planning and emergency response capabilities in order to more effectively allocate economic and human resources in support of achieving preparedness goals. The Metrics Project has associated eligible planning costs. Subgrantees should coordinate with their Operational Area, Urban Area or State agency to ensure the costs of participating in the project are reflected in their respective applications. For more information about the CA Metrics Project, contact the California Governor's Office of Homeland Security. Personnel Costs - In FY 08 HSGP the fifteen percent (15%) cap on personnel costs PERSONNEL is not applicable to the Metropolitan Medical Response System (M1~~S) or Citizen Corps Program (CCP) funding. Grant Management Capabilities -Applicants will be required to document their grant management capabilities and include this information with their application. Performance Bond -Many subgrantees were unable to procure large equipment items due to problems with vendor delivery scheduled to occur after the federal reporting period had expired. To assist with this issue, US DHS allowed purchase of a "performance bond" wherein subgrantees procured the item(s) in question, paid the money up front, and purchased a performance bond to ensure delivery of the item after the grant period had expired. Subgrantees must obtain a performance bond for any equipment item over $250,000 or any vehicle (aircraft or watercraft) financed with homeland security dollars. Financial Management Forms Workbook - an electronic copy of the OHS Financial Management Forms Workbook V 1.08 must be submitted to the ODP Secure Portal via email. Documents requiring an original signature will need to be sent in hardcopy. Late or Incomplete Applications -Late or incomplete applications will be reviewed and/or denied at the sole discretion of the OHS. FY08 Homeland Security Grant Program Page 12 Section 4- Subgrant Applications State Required A completed application will include all of the following components. Application Components • Completed OHS Financial Management Forms Workbook V 1.08 - Submitted electronically via email on the ODP Secure Portal Application Cover Sheet Grant Management Roster Project Ledger Project Description Project - A thru T - Investment Justification -Goals and Objectives - Project Description - Need for Project - Status of Project Equipment Inventory Ledger Training Roster with course approved numbers Exercise Roster Terrorism Liaison Officer (TLO) Roster CAL JRIES Access Authorized Agent form with appropriate signatures • Governing Body Resolution -Mailed State Agency • pro'ect Narrative - State A enc Onl Project ~ ( g Y y) -Mailed Narrative -Template available in Appendix A -Forms • Signature Authority -Mailed • Signed Original Grant Assurances -Mailed - Available only in PDF format on the OHS website The Financial Management Forms Workbook V 1.08 can be found at http://www.ohs.ca.~ov/FY2008 HSGP html NOTE: Subgrant awards will not be made until all required application components have been approved by the state. Regional Subgrantees must take a regional approach when determining the best use of Approach FY 08 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 08 HSGP application. r Y08 Homeland Security Grant Program Page 13 Applications Due Completed financial management forms workbooks must submitted electronically to the ODP secure portal. Place workbook in the folder named, "FY08 HSGP Application". Detailed instructions on the electronic submittal process will be issued in a Governor's Office of Homeland Security (OHS) Grant Management Memo prior to application due date. Project description narratives and original grant assurances must be mailed to the address below. All application materials are due no later than Friday, August 22, 2008*. Only applications postmarked by the due date will be accepted. Additional information will be requested or accepted from subgrantees at the sole discretion of OHS. Applications lost in transit are the responsibility of the applicant and will not be considered for funding. The mailing address for all applications is: Governor's Office of Homeland Security ATTN: Grant Management Division State Capitol Sacramento, CA 95814 ODP Secure Portal https://odp.esportals.com/index.cfin Application The subgrantee will receive written notice of the state's approval of the Approval subgrant application no later than 45 days after the federal grant award. Governing Body The Governing Body Resolution appoints agents authorized to execute any Resolution actions necessary for each application and subgrant. NOTE: All applicants will be required to submit a new Governing Body Resolution with their FY 08 HSGP application. A sample Resolution can be found in Appendix A- Forms. Grant The Grant Assurances form lists the requirements to which the subgrantees Assurances will be held accountable. NOTE: All applicants will be required to submit new Grant Assurances with their FY 08 HSGP application. The required Grant Assurances form can be found only in PDF format on the OHS website and available no later than 14 days after the Federal award. Important note: Self created grant assurances forms will not be accepted. '~ Date approximate depending on US DHS award date FY08 Homeland Security Grant Program Page 14 State Agencies Which State ~Y state agency, department, commission, board, etc., may apply for organizations FY 2008 Homeland Security Grant Program (HSGP 08) funding, as long as may apply? the organization: • Has, or can obtain, appropriate state Department of Finance budget authority for awarded funds; and, • Will comply with all grant requirements contained in the federal and state grant guidance documents, and in the Grant Assurances form. The application cover sheet must be signed by the highest-level person at the Who may sign state or anization or their desi ee. If a desi the Application g ~ ~ ghee, the highest-level person at for a State the state organization must execute and submit a Signature Authority form Agency? with the Application Package. NOTE: The requirement for the creation of an Approval Authority Body does not apply to state organizations. State organizations may apply for; For which Programs may -State Homeland Security Program (SHSP) State -Urban Areas Security Initiative (UASI) Organizations Apply? If a state organization applies for any of the UASI state allocation, the funds Use of UASI must be used to directly support one or more pre-selected urban area(s). The funding by State application's UASI project description must describe the project AND identify Agencies the urban area(s) that will be supported by the project. While the State Homeland Security Strategy broadly describes goals, What are the objectives and implementation steps, the state's priorities for FY 08 HSGP State Priorities are: for FY 08 HSGP? (1) Interoperable Communications (2) Catastrophic Planning (3) Medical Surge (4) Citizen Preparedness and Participation (5) Mass Prophylaxis (6) Critical Infrastructure Protection (7) Training for First Responders In addition to the project description in the Financial Management Forms Project Narrative Workbook, a detailed project narrative is required. Project Narrative is included in Appendix A -Forms FY08 Homeland Security Grant Program Page 15 Section 5- Post Award Requirements Post Award Post award budget, scope and time modifications must be requested using the Modifications OHS Financial Management Forms Workbook V 1.08, by the subgrantee's Authorized Agent, and submitted to the subgrantee's Program Representative in the Homeland Security Grant Unit at OHS. Upon approval the subgrantee will be instructed to make the required changes in the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.re orting odp dhs gov . The subgrantee may implement the modifications, and incur associated expenses, after receiving written final approval of the modification from the State. NOTE: Modifications can be requested once per quarter during the grant performance period. Failure to submit modification requests, and receive written approval prior to expenditure, could result in a reduction or disallowance of that part of the grant. Subgrantee Subgrantees must prepare and submit performance reports to the state for the Performance duration of the grant performance period, or until all grant activities are Reports completed and the grant is formally closed by OHS. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www reporting odp dhs gov ,and will also be required to submit additional information and data requested by the state. Subgrantees who miss a single reporting deadline will receive a letter addressed to their Board of Supervisors informing them of the failure to report. Subgrantees who fail to report twice in a row will have subsequent awards reduced by ten percent (10%) until timely reporting is reestablished. Monitoring The state is currently conducting a program of sub-grantee monitoring. The Subgrantee monitoring will be conducted on the Subgrantees administrative, programmatic Performance and fiscal management of the grant(s). These reviews may include, but are not limited to: • Eligibility of expenditures • Comparing actual subgrantee activities to those approved in the subgrant application and subsequent modifications, if any. • Ensuring that advances have been disbursed in accordance with applicable guidelines. • Confirming compliance with: - Grant Assurances. - Information provided on performance reports and payment requests. - Needs and threat assessments and strategies. FY08 Homeland Security Grant Program Page 16 Important note: It is the responsibility of all subgrantees to monitor and audit the grant activities of their subrecipients. This requirement includes, but is not limited, to on site verification of grant activities as required. Suspension or The State may suspend or terminate subgrant funding, in whole or in part, or Termination other measures may be imposed for any of the following reasons: • Failing to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failing to comply with the requirements or statutory objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. • Filing a false certification in the application or other report or document. • Failing to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the state will provide the subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. Closeout The State will close a subgrantee award after: • Receiving a subgrantee Performance Report indicating that all approved work has been completed, and all funds have been disbursed; • Completing a review to confirm the accuracy of reported information; and • Reconciling actual costs to awards, modifications and payments. If the closeout review and reconciliation indicates that the subgrantee: Is owed additional funds, the state will send the final payment automatically to the subgrantee. Did not use all funds received, the state will issue an Invoice or Grant Modification letter to recover unused funds. In the Grant Closeout letter, the state will notify the subgrantee of the start of the record retention period for all programmatic and financial grant related records. NOTE: Failure to maintain all grant records for the required retention period could result in a reduction of eligible grant activities, and an invoice to return costs associated with the unsupported activities. FY08 Homeland Security Grant Program Page 17 Advances and The US DHS allows subgrantees to request FY 08 HSGP funds up to 120 days Interest Earned prior to expenditure/disbursement, or on a reimbursement basis. The federal on Advances guide requires that advances must be deaosited in interest-bearing accounts, and describes how interest earned should be returned quarterly to the federal government. In addition to returning interest in accordance with the prescribed federal guidance, subgrantees must also inform the grantee's Program Representative in the Homeland Security Grant Unit at the Governor's Office of Homeland Security of any interest returned on program funds. Payment Request To request advance or reimbursement payment of FY 08 HSGP funds, Process complete a payment request form using the OHS Financial Management Forms Workbook and return it to the appropriate Program Representative in the Homeland Security Grant Unit at the Governor's Office of Homeland Security. OHS Financial Management Forms Workbook V 1.08 http://www.ohs.ca.~ov/FY2008 HSGP html NOTE: Payments can only be made if the subgrantee has an approved application, valid Governing Body Resolution and valid Grant Assurance form. Non-G&T When seeking US DHS approval of non-G&T developed courses, the most Developed notable changes: Training Courses • Course materials must be submitted with the approval request; and Conditional approvals are no longer offered. The Office of Homeland Security Training and Exercise and Evaluation Program (HSTEEP) will release additional training related information at a later date. OHS Training Website: http://www.ohs.ca.gov/hseep/Trainin~Home html Authorized The FY 08 Authorized Equipment List (AEL) may now be found on the web at Equipment List http://www.rkb.us. FY08 Homeland Security Grant Program Page 18 Appendix A -Forms FY08 Homeland Security Grant Program Page 19 SAMPLE OF RESOLUTION NOTE: An application to the Governor's Office of Homeland Security for state or federal grant funds is to include, at a minimum, the following information in a resolution. Applicants have the option of including any additional information. RESOLUTION NO. A RESOLUTION APPROVING AN APPLICATION FOR FUNDING FROM THE AND AUTHORIZING THE EXECUTION (name of grant program) OF A GRANT AWARD AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. BE IT RESOLVED by the (governing body) (applicant) SECTION 1: The (governing body) has reviewed and hereby approves application for: for up to $ (name of grant program) PROJECT A: PROJECT B: PROJECT C: PROJECT D: Add projects if necessary. (requested amount) as follows: of the FY08 Homeland Security Grant Program Page 20 SECTION 2: If the grant application is approved, the will provide a match of (applicant) $ consistent with the (match amount) (name of grant program) SOURCE OF MATCH: SECTION 3: Be it resolved that or (authorized agent name/title) (authorized agent name/title) is hereby authorized and directed to act on the (authorized agent name/title) (applicant's) behalf in all matters pertaining to this grant award. PASSED AND ADOPTED at a meeting of the (governing body) (applicant) held on OFFICIAL ATTESTING TO THIS ACTION: ATTEST: Signature: Title: (date) of the or FY08 Homeland Security Grant Program Page 21 Instruction Sheet for the Governing Body Resolution Purpose The purpose of the Governing Body Resolution is to appoint individuals to act behalf of the governing body and the applicant. 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 the state on the applicant's letterhead: ^ Jurisdiction ^ Grant Program ^ Name ^ Title ^ Address ^ City ^ Zip Code ^ Telephone ^ Fax # ^ Cell Phone # ^ E-Mail Address Authorized • If the Governing Body Resolution identifies Authorized Agents by Agent Changes position and/or title, changes can be made by submitting new Authorized Agent information to the state. • If the Governing Body Resolution identifies Authorized Agents by name, a new Resolution is needed when any changes are made. The information list above must also be submitted with the new Resolution. r Y us Homeland Security Grant Program Page 22 SAMPLE Signature Authority AS THE (For State Organizations) (Secretary/Director /President /Chancellor) OF THE (Name of State Organization) I hereby authorize the following individual(s) to execute for and on behalf of the named state organization, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the Governor's Office of Homeland Security. OR (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) ' OR (Name or Title of Authorized Agent) Signed and approved this day of 20 Signature FY08 Homeland Security Grant Program Page 23 State Agency Project Narrative FY 2008 Homeland Security Grant Program Applicant (state organization) NOTE: Complete a separate Project Description for each proposed project Project Title: State Strategy Goal and Objective Supported by the Project: Indicate the State Priority Supported by the Project: Interoperable Communications Catastrophic Planning Medical Surge Citizen Preparedness and Participation Mass Prophylaxis Critical Infrastructure Protection Training for First Responders Provide a detailed description of the proposed project and how it supports the state priority indicated For construction and/or renovation projects, provide the following additional information: • A description and location of the facility; • A description of the vulnerability assessment that has already been conducted of the facility, and the date of the assessment (the assessment does not have to be submitted with the application); • A description of how the proposed project will address the vulnerabilities identified in the assessment; • A description of the consequences if the project is not funded under HSGP 08 • Indicate the requested funding, by program: SHSP $ UASI $ • For UASI funding, indicate the Urban Area(s) supported by the project: FY08 Homeland Security Grant Program Page 24 Txhibit B to ASR Distribution of Grant Fonds or Property 2008 Homeland Security Grant Programs Attachment B Project Tine ! Description Amoant I"hc 34 jurisdictions within the Operational Area (OA) and Cuban Area ([A) share the ~ Countywide Coordinated Communications System (CCCS), a regional SDO MHz franked radio s}stem with 8l channels and 400+tall: groups. The t)A has enhanced radio tower equipment, which increased the voice and data capacity of the system; added. fiequcncies, which permit additional f.'ederal, s41te and local agencies to use the CCCS system; established radio caches to Strengthen ensure suflici.ent communications eyuipment; and implemented 4[%ebrOC, which has vastly Interoperable improved the efficiency of Emergency Operations Centers (EOCs). Gaps to be addressed by Yhis $155,D00 Ct>mmnnications ;project will be in communications, EOC. and. Onsite Incident Management. This project will (5115P funds) € ensure that the OA's first responders have sufficient equipment and systems with which to communicate and to upgrade eyuipment. 'Phis will be addressed in impro~~ing communications within and between regional EOC's by enhancing and expanding the use of WebEOC and upgrading the Radio Amateur Civil Emergency Service (RACES) repeaters so they are ____ narrowband and P25 ca able. This project will enhance the response capability :for improvised explosive devices (IED) and chemical, biological, radiologrical, and nuclear explosives {CBRNE) events and w.i.ll develop and Strengthen CBRNE enh<lnce regioral response teams anal provide training on equipment. This will improve existing $2,273,790 Detection, Response Personal protective equipment {Pl'E). The need. for this Project is the cantirtuati.on to enhance the j ($ I,973,790 and all-hazard response capabilities within the County. It will emphasir..e a coordinated multi- for PPE; Decontamination - discipline, multi jurisdiction response to a CBRNE event. It will replenish :PPE used during ` $3D0,000 for PPE Replenishment training/deployment and improve equipment standardization & response methods among all Planning) disciplinesijurisdictions within. the Cowtty. Same o:f the projects will be PPF_, replenishment, (SHSP fonds) i C liRtiE equipment, fit testing machines, attd maintenance. This project will include eyuipment and su Lies for the JIIA"I~ Team for enhancement and sustainment. This Project will expand the Terrorism Liaison (?ffcer program to enhance the Operational Area's Enhance informati.nn collection and dissemination network. it w711 enhance the computer network for the ~ Information Orange County Intelligence Assessment Center (OCIAC) with the means to collect, store, retrieve, $375,000 ' Collection, Analysis i and analyze the information necessary to produce actionable intelligence products. This project (SHSP funds) and Dissemination ~ will also fund a collaborative effort with the Departtnent of Justice (DO:1) to upgrade aspects of a ! _____ ____ law enforcement database Page 1 of 4 EXHIBIT ~ Exhibit B to ASI2 ro'ect Title _.._... _= •••••••, ••••v a .,..i u~at a u~~u~ vl ! IV~./~:1 tY Descrijption ~ Amount The OA will be able to effectively assess and prioritize the County's critical infrastructure;rk:ey resources (C'UKR) needs; enhance and populate the Ctr'kR database; identify atld complete ~ ' improve and security ea~hancements and target hardening projects at CI.!KR sites. This Project provides funding ' Expand Critical I for costs occurred for heightened threat levels. "Phis project will also include the leasing of Infrastructure warehouse space f«r rc,cening and storage o£equipment and maintenance. The warehouse space $822,2~I9 Protection E will include office space for personnel Fvho will oversee and secure grant-funded equipntcnt, as ~ well as personnel responsible for the CIfK R anal sis resource de l t (SHSP funds) i - I . y , p oymen , assessments, analysis, i and intelligence gathering. This space may house all or part of the I-Iomeland Security Bivision. ~ In addition to supporting the Stale Enhancement Plan and a National C7~~erarchiug Priority, this Project was selected because of its criticality and impact on emergency mitigation, preparedness, response, anal recovery. "I"bis project will allow improvement of regional coordination, mutual a id . , sheltering, and evacuation. The OA must a~ntinue with NIA4S integration info local and county Enhance Emergency )/mertency Management Programs, including emergency plans, EOC upgrades, emergency Planning and ~ IVl management software. business continuity lans_ and hazard. mitigation plans. Included in the P Project is the continued support of WebEOC and its au mentati d i $570,000 anagement g on as a ata transm ssion source with other county agencies during an incident. As funding availability allows, the Project will (SI{SP funds) supply EQC's with the necessary upgrades to allow them to increase functionality and effectiveness during an incident. Increase Community j --- ---- is project will focus on expandinglenhancing existing Citizen Corps Council; expand the ~~~~Y OC" public information preparedness caanpaign; develop and conduct a mutu~il aid drill ± Preparedness, a.nd exercise a countywide volunteer activation plan: identity and implement new community Participation and ~wareness emergency response learn (CEIZT) curriculum to address the needs and concerns of the regional area; improve and standardize volunteer interoperability/communications capabilities. This project will enhance educational proln•ams in schools; and enhance volunteer radio organizations $1$0,000 (SHSP funds) communication capabilities. Thi P t ill d s rojec w evelop a new 3-year exercise plan and design and deliver the exercises outlined in the plan. A full-scale exercise will be conducted in conjunction with the State's "Golden xercises Guardian" exercise, which is designed. to test the State's capability to respond to catastro hic $457,394 i p events. ~ ~_. __ (SHSP funds) i Page 2 of 4 Exhibit B to ASR I7istri{~irtinn of (:rnn~ Rn,,.3~ .. D...,..., P I . roject Title • _ _ Descri lion I ~ Amount ~ __ Thi r f s p oject ocuses on thr coutmuation of training on equipment; and Incident Cornrnand S -stem. This will also fi~cus on the OA being compliant with HSl'D-8, the Or'~ and UASI instituted NI~1S training for public employees at al[ levels. Through continued funding of the OA's training program, first responders will have an increased. capability to recognize potential threats and Training provide a more effective response tct catastrophic events. A Training, Exercise, and L:yuipment Committee has been formed to assist in prioritizing trainin needs f th OA T i i i $750,057 g or e . ra n ng w ll include training for eyuipment purchased with grant funds and awareness, performance, and fSHSP funds) mattagement'planning level training approved by the State. i ___ € _ __ Administration and Program Mattagcment oi' Homeland Security Grant Programs, The OCSD/OA will use the 3°/n of its fatal. 2(108 HSGP ailocation to continue to pay for grant management stafY; anagrntent & ` ; (tire additional staff, and purchase the supplies/equipment to successfully administer the State $209 472 dministrati~tn Homeland Security Grant Program. , Y'ram SFISGP &MMRS ' lltis pmject includes the lease of our Strategic R'arehoase to receive, stare, ship, and coordinate 1 the Strate~,ic National Stockpile and local acid regional medical egtipment, supplies, and Mass Prophylaxis pharmaceuticals for rite Operational Area. This pmject will provide a means to provide t{nd IYlydical Surge prophylaxis to first responders and their families in the event of a biotermrist attack or disease $722 051 ! outbreak and will support protection of [hc cantmunity at large. This facility provides critical support to the region in the event of a disaste di b . (SI•ISP funds) i r r or sease out reak. MMRS f d un s support the three cities of Anaheim, 1-iuntington Beach, and Santa Ana to further enhance and sustain a regionally inte~~tated, systemic mass causality .incident preparedness 1~M12S program that enables a response during the First crucial hours of an incident. The programs prepare jurisdictions and the Operational Area of Orange County far response w all hazards mass $949,208 causality incidents, including CBRIVE terrorism, epidemic disease oufttreaks natural disasters and (MMRS funds) , , large scale hazardous materials .incidents. 141MRS furthex works, plans, and integrates with its l?ASl and SI:ISP partners to provide an efTective res onse to these incidents. It will eat hasize a Page 3 of 4 Exhibit E3 to ~1SR _....._. Distribution of Grant Punds or Properix~ coordinated multi-discipline, ntutti-jurisdiction response to a CBRNt? e~-ent. Projects in this hn~estment will sustain and enhance previotts OAIUA in~•estnaents. The Funds are passed through to these cities to manage. "I'he County retains L.5°'~ .lor Administrative and R4anagement costs. Thisproject will include the purchase of equipment and sunnlies. Rage 4 o f 4 ~~ee of Homeland Secgrity ~'Y08 brunt Assruurices (.hEl F15CsP App~cant~} i~lame of Applicant: CITY OF SANTA ANA Address:_ _.___1439 S. Broadway Citsr: Santa Ana State, CA Telephone 2~lurrsber: 714-647-5741 Zip Code: 92707 Fay Number. 714-647-5779 E-Mail Address:_ bwatson@santa-ann. orQ As the duly authorized representative of the applicars±, I certify treat the applicant nany°d above: I . Has fhe 1"egal authtxiziy to apply for federal assistance, and has the iastiturional, managerial and financial capability to ensure proper planning, snaaggesnent and completion of the grant provided by the federal Department of Homeland Security and sub-granted through the State of California, Governor`s Office of I-Ionzeland Security (OHS). ?. ~l assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring fiords between programs (State Homeland Security Pxogratn, Urban Area Security Initiative, Citizen Corps Progzam, and Metropolitan Medical R,esportse Systema 3. Will give the federal governseat, the General Accounting Office, the Comptrai3er General of the United States= the Sate flf California, throws. any authorized representative, access to and the sight to examine alI paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting stzatdards or awarding a`.ency directives. 4. Agrees that funds utilized to establish or enhance state and local fusion centers mass support the development of a statewide fusion process that co~esponds with the Global .IusticeJHomeland Security Advisory Council (HSAC) Fusion Center Guidelirses and achievement of a baseline level of capability as defined. by Ilse Fusion Capability Plannirsg Tool, 5. Will provide progress reports and such other iufonnation as znay be acquired by the awarding agesacy, including the Initial Strategy Implemesstation Plan (ISIP) within 4S {forty-five) days of the award, and update via a report in the Grant Reporting Tool (GRT} twice each year. 6. Wi11 initiate and complete the work within the applicable time iraine after receipt of approval from C1H5, ?. Rill cvazply with FEM_A's codified regulation 4~ Part 13, Uniform Adminisira#ive Requirements for Greats and Cooperative Agreements to State and Local Govertsraents, is3cinding part 13,1 regarding ti=e payment of interest earned oD advances_ Page 1 ~~~ ~XF~fBiT ~. 8. Rill establish safeguards €o prohibit emplvyees from using their positions for a purpose that cvnstitutes or presents toe appearance of personaI or organizational conflict of interest, or personaI gain far themselves ar others, particularly those with wham They have family, business or other ties. 9. Agr;.es that to the extent contractors or subcontractors are utilized, grantees and subgrantecs sha#I use small, minority, women-owned, or disadvantaged business concerns and. cvntractors or subcontractors to the extent practicable. I ~. ~~~ iII comply with 2 CFR 215.25, and w°ill notify UHS of any developments that havz a significant impact on au=ard-supported activities, including changes to key program staff; 11. 1~i11 comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~ 4801 eY seq.} which prohibits the use of lead based paint in construction yr rehabilitation of residence structures_ I?. Understands and agrees Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification ar adoption of any lau=, regulativn, ter po#icy, at any 1eve1 of goverrtrient, witi~tout the express prior written approval from FE3vIA. 13. G~'i11 comply with alI federal statues relating tv Civil Rights and Nondiscrimination. 'T'hese include but arz nvt limited to: a. Title VT a{'tlte Civil Rights Act of 1954 {P.L. 8&-352}, as amended, which prohibits discrimination vn the basis of race, cvlar or naiional origin. b. Title L~ of the Education Amettdtuents of 1972, as amended {20 U.S.C. §y~' I6&1-158s and. 1.6$5-1586}, which prohibits discrimination an the basis of gender. c. Section 504 of the Rehabilitation Act of I9i3, as amended {29 Lt.S.C. s 79~j which prohibits discrimination vn the basis of handicaps. d. The Age Discrimination Act of 1975, as amended {42 Q.S.C. ~§ 61(77-6107} which prohibits discrimination. vn the basis of age. e, The T)rug Abusa Qffice 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 Alcvholism Prevention, Treatment and Rehabilitation Act of 1970 {P.L. 9 i -615}, as amended, relating to nondiscrimination on the basis of alcvhvl abuse or alcohvlism; g. ~ 523 and 527 of the Public Health Service Act of 1912 {42 U.S.C. 290 dd-~ and 29€? ee-3), as amended, relating is confidentiality of alcohol and drug abuse patient recvrds. h. Title ~'iTT of the Civil Rights Act of #968 {~2 U.S.C. §:1501 et s:.q.), as amendvd, relating to nvndiscrimination in the sale, rental or financing of housing. i. Title 28, Cvde of Federal Regulations, Part ~2, Subparts C, D, E and G. j. Title 28, CFR, Part 3~. k. Any vther nondiscrimination provisivns in the specif c statute{s} under which application far federal assistance is beine Wade, and I. Title 44 CFR Pants 7, I5, and 19 relating to nondiscrimination. m. 1`he requirements on any ether nondiscrimination statute{s) ~=bleb may apply tv the application, n. Will, in the evznt a Federal or State court or Federal or State administr-aiive agency makes a finding of disc: imination after a due prvczss hearing an the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of €he tindinb to the Office of Civil Rights, ©ffice of7ustice Prot7rams. Page 2 tnittals o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Fi~'ill comply, and assure the compliance of all. its subgrantees and contractors, with the nondiseriminat.ion requiremens of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 LSC 3789(d}, ar the juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate.; the provision of the current edition of the Otl rce of Justice Pragazns Financial and Administrative Guide for Grants,14I7200.1, 14. Will comply, qr has already comglicd, with the requirements of Titles 1T and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4801 et seq. (P.L. 9I -64f}which provides for fair and equitable treatment of persons displaced or whose property is acquired as a r~uli 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. Will also comply with Title 4~ Cade of Federal Regulations, ..Part ?~, Uniform Relocation Assistance and Real Property Acquisition for Federal and federally-assisted progrars. 1~. Will comply, if applicable, with the flood insurance purchase requirements of Section lfl2(a} of the Flood Disaster Protection Act of 19 73 (P,L, 93-??'~} which requirLs recipients in a special flood lsazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $I t},flfl{1(ten thousand dollars) or mare. i6. ~'iIl comply with all applicable Federal, State, and local environmental and hiStarical preservation (EHPj requirements. Failure to meet Federal., State, and focal EHP requirements and obtain applicable permits may jcapardize Federal funding. Will comply with ail conditions placed on any project as the result of the EHP review; any change to the scope of work of a project wi?t require re-evaluarion of compliance with these EHP requirements. 17. Agrees not to undertal~e any project having the potential to impact the EFTP resourc s without the prier written approval of FEMA:`OHS, including but not limited to communications towers, physical. security- enhancements, new construction and modifications to buildings that are SQ (fife,.} years old or more. Any construction related activities initiated prior to foil envron~nertal and historic preservation (EHP} review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeaiogical resources are discovered, il~e recipient will immediately ceas:, acti~~ity in that area and notify OHS1FEl~f.A and the appropriate State Historic Preservation Office. 18. Will ensure that the facilities under its ownership, lease or supervision which sha11 be utilized in the accomplishmeni of this pro,~~ct are not listed in the Environmental Protection Agency's (EPA} list of Violating Facilities, and w%11 notify OHS and the Federal Grantor agency of the receipt of any camrnunication Pram the Director of the EPA Office of Federal Activities indicatinj that a facility to be used in the project is under consideration far Iisting by tho EPA. l9. ltv'ill provide any in.farmation requested by FE_'~tA:'OHS to insure cotnpliaatce with applicabl;, laws including the following: a. L-~stitution ofenvironmcntal quality control measures under the National Environmental Policy Act, National Historical Preservation Act, ArchaeuIogical and Historic Preservation Act, Endattgered Species Act, and Executive Orders on Floadplains Initials {Epl 198$}, 'W'etlands {11990) and Environmental Justice (1289fi) and Environmental Quality {EO i 151 ~~. b. Title 44 CFR Parts 9 aad 10, referencing flaodplain management and environmental considerations. c. :notification of ~zolating facilities pursuant to EO 1173$. d. Assurance of project consistency with the approved ;fate management program developed under the Coastal Zone Management Act of 13"'.2 (161~~,S.C. ~, ~ 1451. et seq.}. e. Conformity of federal. actions to State {Clean Air} lmplemertation Plans under Section 176{c) of the Clean Air Act of 1955, as amended {42 L.S.C. ~ 7401 et seq.}. f Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-5?3}. g. California Environmental Quality Act {CEQA}. California Public Resources Code Sections 21050-21095. California Code of Regulations, Title l4, Chapter 3 Section 15000-15(107. h. Wild aztd Scenic Rivers A:,t of 1968 {16 L.S.C. §§ 1271 et.seq.}related. to protecting carnponents or potential components of the national wild and scenic rivers sysk;m. i. Applicable provisions of the Coastal $atrier Resources Act (P.L. 9 a-34$} dot; d ©ctober I9, l 98' {16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within tine units of the Coastal Barrier Resources System. j. Vb'ill comply u=ith all conditions .placed on. any prof ect as the result of the EHP review; env chazage to the scope of won)` of a project will require re-evaluation of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources r~-ithout ~e prior v,~ritten approval of FE?~4AiOHS; including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. Will comply with Standardized Emergency ?management System {SEi~iS} requirements as stated itt the California Emergency Serr~~ices Aet, Govemmettt Code, Chapter 7 ofDivision I of"1'itle 2, Section $60.7.1 {e} and CCR Title 19, Sections 2445, 2446, 2447 and 24:8. ?1. Agrees that all publications cr;~ated or published with funding under this grant shall prominently contain the foilo~=ing statement: "This document ryas prepared under a graflr, from ~Ehf,~'s Grant Pragrrn~s L~irectnrat~ L? S. Department oaf Harr2eland Security. paints of view ar opiniUns expressed in this document are Chase of the authors and do not necessarily represent the offrciat position ar pnlr ies of ~'Et~L~'s Crrart Programs Directorate or the t,' S. Department of .txanzelctrad Sc>~yrritv~. "The recipient also agrees that, when practicable, arty equipment purchased with gran# funding shall be prominently marked as follows: "Purchased with funds prat~ided by the t,~:;S: Department of Homeland Security. 22. 1-1as requested through the State of California, fedoral financial assistance to be used to perform eliibte work approved in the submitted application for federal assistance and at'1er 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. 1n 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 canoed on grant funds, and will return all interest earned, in excess of $100 per federai fiscal year. rage 4 Inittafs 23. V4 ilI comply witl the Intergovernmental Personnel Act of 1970 (4z? U.S C, Sections 4728-476.1) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in AppendiX A of {7PIvi's Standards for a 14lcrt System of Personnel Administration {5 C.F.R. 90fl, Subpart ~. 24. G4'iIl comply with provisions of the Hatch Act{5 t;'.S.C. Sections I~O1-1508 and?3?4-7328) which limit the political acti~~ities of employees whose principal employment activities are funded in whole or in part with federaj funds. 25. Will comply, if applicable, with P.L. 93-348 regarding the protection of-human subjects involved in research, development, and. related activities supported by this award of assistance. 26. t~~ill comply, if applicable, with the Laboratory Animal Welfare Act of 19f6 {P. L. $9-544, as amended, 7 L`. S_C. 2 i .~ 1 et seq.) pLrtaininQ to the care, handling, and treatment of warm btooded animals hekd for research, teaching, or other acti~zties suppcrf,.ed by this award of assistance. 27. Will comply with the minimum wage and maximuzaa hour provisions of the Federal Fair Labor Standards Act {29 U.S.C. 20i), as fey apply to employees of institutions of hither education, hospital, and other non-profit organizations.. 28. Will comply, as applicable, with the provisions of the Davis-Bacon Act {40 L'.S.C. Section 275a to 276a-7), the Copeland Act (40 U.S.C. Section Z76c and. I8 U.S.C. Sections 874), and the Contract Work Hours and Safet~~ Standards Act {40 U.S.C. Sections 327-333), regarding Iabor standards for feeierally assisted construction sub-agreements. 29. Agrees that: a. No f dotal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any Berson far influencing or attempting to influence an officer or employee of any agency, a Iblember of Congress, an off cer or employee of Congress, or an employ:,c ofa ~leniber of Congress in connection with the making ofany federal rani, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal Brant or cooperative agreement. b. if anv other funds than federal appropriated funds have been paid or will be paid to any person fcr influr;ncing or attempting to influence an officer or employee of any agency, a 14~Cernber of Congress, an officer or an employee of Congress, or employee of a iVlember of Congress in connection u^,`th the federak grant or cooperative agreement, the undersigned steal.] complete and submit Standard Fotrri LI..L, "Disctosure ofLobbyina Astir hies," in accordance with its instructions. `~ c. The undersigned shall require that the language of this :,ertifzcation be included in the award documents for aII sub awards at all t€ers including subgrants, contacts under grants and cooperative agreements, and subcontract(s) and that a[t 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 certifcation is a prerequisite fo.r mayking or enteriiag into Phis transaction imposed by section 1..152, Title 1I, U.S. Code. Any person who fails to file the rec}uired eertification shall be subject to a civil penalty of not less than S k O,flOfl and not more than ~ I00,000 for each such failure. 30. Agrees that: equipnae.nt: acquire cI or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense llrlaster 14~utuaI Aid Agreement in consultation with representatives of the Page ~ Initials various f<re, emergency medzcal, hazardous materials response sen~iees, and law enforcement agencies within the jurisdiction of the applicaniz and deployed with personnel trained in t'~e use of such equipment in a manner consistent ~••ith tlse California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue .Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with L'~at Strategy. 31. Agrees that funds awarded under this grant will be used to supplement existing funds for pxogram activities, and will not supplant (replace) non-federal. funds. 3?. Will comply with aII applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, ,102, A-110, A-122, and A-133, E.O. i 2372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. ~'Vill also comply with Title 2$, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Vs~ill comply «~th provisiars of 28 CFR applicable to grants and cooperative agreements, Including: a. Part 1$, Administrative .1Zeview Procedures. h. Part 20, Criminal Justice Information Systeats. c. Part 22, Confideniialit~~ ofldentifiablc; Research and Statistical Information. d. Part 23; Criminal Intelligence Systems Operating Policies. e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities. f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. g. Part 38, Equal Treatment of Faith-bas:.d Orgarxizations. h_ Part f3, Floodplain Management and 1~'etland Protection Procedures, i. Part 42; Iv nndiscrirnination:`Equal Employment Qpportunities Policies and Procedures. j. Pa~t 61, Procedures far Implementing the National Environmental Policy Act. k. Part b4, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Require:nen*,s for Grants and Cooperative Agreements to State and Local Governments.. m, Part 67, Clovemment-~~vide Debarment and Suspension {'van-Procurement). n. Part. b9, New Resu-ictions an Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Gooperaiive Agreements (including sub-awards} u=ith Institutions of Higher Leartzing, Hosprtats and oilier Non- profit Organizations. p. Fart 83, Gavernm~t-Fide Requirements for a Drug Free Workplace (grants}. 34. gill comply with Subtitle A, 7`itle II of the Arnezieans with Disabilities ,Act (AAA} 190. 35. Agrees to cooperate with any assessments, national evaluation efforts., or information or data collection r~:quests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 36, 1T~%ill maintain procedures to minimize- the time elapsing between the award of funds and the disbursement of funels. Page 37. Will comply with the financial and administrative requirements set forth in the current edition. of the Office of Justice Pro¢rams (OJP) Financial Guide and the current l1S .Department of Homeland Security (DHS}Financial R4anagement Guide. 38. Agrees that all allocations and use of fiends under this grant will be in accordance with the F`,' 2J08 Homeland Security Grant Pragrarm Guidance and Application Kit, and the California Supplement to the FY ~t3D$ Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant wiL be in accordance with the 411ocations, and use of grant funding must support the goals anal objectives included in the State andi'or Urban .Area Homeland Security Strategies as well as the investments identified in the Invesunent Justifications which were submitted as part of the California FY'20bS Homeland Security Grant Program application. Further, use of FY0$ Fonds is united to those investments included in the California Fy`fl$ Investment Justifications. submitted to Dl-IS/FE~fA and evaluated timraugh the peer review process. 39. Acknowledges that FERIA reserves aroyalty-free; non exclusive, and irrevacablc license to reproduce; publish, or oth.er«zsc use, and authorize others to use, far Federal government purposes: a) the copyright in any work. developed under an award ar sub-award; and b) any rights of copyright to which a recipient or sub-recipient purchases ownership with F;:deral support. the recipient agrees to consult ~ddt GPD regarding the allocation of any patent rights that arise from,. ar are purchased with, ti~ris funding. 40. WiIl not make any award ar permit any award {subgrant ar contract) to any parry which is debarred ar suspended ar is otherwise excluded from or ineligible far participation in Federal assistance progrrms under Executive Order 1^549 and I2bS9, "Debarment and Suspension." 4I . As required by Executive Order 22549, Debarment and Suspension, and implemented at 28 CFR Part 67, far prospective participants in pritnar5; covered transactions, as defiaed at 2R CFR Part 67, Section 67.E 10 a. The applicant certifies that it and ins principals: (i) Are not presently debarred, suspended, proposed far debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal. court, ar voluntarily excluded from covc,red ~ansactions by any Federal department or auency. (ii}Have not within athree-year period preceding this application been convicted afar had a civil judgment rendered against them far commission of fraud ar a criminal offense in connection with. olstainirig, attempting to obtain, or performing a public {Federal, State, or local) transaction ar contract under a public transaction; violation of Federal ar State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsfcatian or destruction of records, making false statements, ar receiving stolen property. {iii} Are not presently indicted for or atherw~ise criminally ar civilly charged by a governmental entity (Federal, State, ar local) with commission of any of the offenses enumerated in paragraph {1 }{b) of this certif cation; and {d} Have not within athree-veer period preceding this application had one or mare public transactions (Federal, State, ar local} terminated for cause or default; and Pa9~ ~ Initials b. L~'here the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application_ 4?. Agrees to comply with the Drug-Free "~~v"orkplace pct of 1988, and implemented at ?$ CFR Part 67, Subpart);, for grantees, as defined at 28 CFR Part 67 Sections 6'•.bIS and 6i.b2Q and ce~-tif es that it will or ~~ll continue to provide a drug-free workplace by: (a} Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing; possession, or use of a controlled substance is prohibited in the grantee's worl`~lace and specifying the actions that will be taken against employees for violation of such prohibition. (b} Establishing an on-going drug-free awareness pragrarn to inform employees about: {1} Tlae daxsgers of drug abuse in the workplace. ('_} The grantee's policy of maintaining a drug-free workplace. {3} A_7y available drug caunseiing, rehabilitation, and employee assistance programs; and {4) The penalties that may be ir,~posed upon employees for drug abuse violations occurring in ehe workplace. {c} 144aking it a requirement that each employee to be engaged in the performance of the grant be given a copy of the stat;,etat required by paragraph {a}. {d} tiotifyi_ng the employee in the statement required by paragraph {a} that, as a condition of employment under the grant, tl~e employee wiII (l }Abide by the terms of the statement; and (2} Notify the employer in writing ofhis or her conviction for a violation of a criminal drug statute occurring in the workplace na later than five calendar days after such eonvicron. (e) Notifying the agonc_y, in writing, cvithln 1 t3 calendar days after receiving notice under subparagraph (d}{2} fi-o=.n an en;ployee or otheru;•ise receiving actual notice of such conviction, Ernployers of convicted. employees must provide notice, including position title, ta: Department of Justice, Office of justice Programs, ATTN; Control Desk, &..+3 Indiana Avenue, ~l.L~;'., ~iashington, I7.C. ~J731. \otice shall include the identification numbers} of each affected grant. (f} Taking one of the following actions, within St} calendar day s of receiving notice under subparagraph {d}{~?; with respect to any employee who is so convicted. { 1 }Taking appropriate personnel action against such an employee, up to and including termination, consistent tyith the requirements of the R; habilitation Act of 1.973, as amended; or page $ initials (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rchabilitatian program approved for such purposes by a Federal, State, or local healti~, lau= enforcement, ar other appropriate agency. (g1 lvlaking a goad faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c}, (d), (e), and (f). 43. Wilt comply with all applicable requirements of all othor federal Saws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 4~. understands that failure to comply with any of the above assuratces may result in suspensions termination or reduction of grant funds. As the duly authorized representa=aye of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that helshe is authorized by the above named applicant to enter rota this agreement for and or behalf of the said applicant. Signature of Authorized Ag : \ ` Printed ;Name of .4utharized Agz~ . DAVID N. REAM Title: City Manager Date: ~j -. (~ -i:~~1 Page ~ Initials