The URL can be used to link to this page

Home My WebLink About55E - RESO - HOMELAND SECURITY GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: HOMELAND SECURITY GRANT PROGRAMS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to execute any actions necessary to obtain federal financial assistance provided through a grant from the U.S. Department of Homeland Security, related to the 2010 Metropolitan Medical Response System grant. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County in the amount of $312,658, subject to non-substantive changes approved by the City Manager and City Attorney for the 2010 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 3. Approve an Appropriation Adjustment recognizing the 2010 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2010 Metropolitan Medical Response System grant expenditure account. DISCUSSION Through the Governor's Office of Homeland Security, the Metropolitan Medical Response System (MMRS) assists highly populated jurisdictions develop plans, conduct training and exercises, and acquire various equipment and supplies to respond to a mass casualty event caused by a WMD terrorist act. The County of Orange is the primary recipient of the grant which is being shared with other cities throughout the County. The Santa Ana Fire Department is to receive $312,658 in grant funding for its efforts. 55E-1 Homeland Security Grant Programs July 18, 2011 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the City's FY 2010 MMRS revenue grant account (accounting unit no. 146150252000) by $312,658, and appropriate same into the City's 2010 MMRS grant expenditure account (accounting unit no. 14615364-various). APPROVED AS TO FUNDS AND ACCOUNTS: David Thomas Francisco Gutierrez ' Fire Chief Executive Director Fire Department Finance & Management Services Agency 55E-2 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2010 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Office of Domestic Preparedness Metropolitan Medical Response System Grant Program (MMRS). B. MMRS provides funds to local emergency first responders to develop or enhance existing emergency preparedness systems to effectively respond to a public health crisis. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided through the Metropolitan Medical Response System Grant Program by the federal Department of Homeland Security and subgranted through the State of California Office of Homeland Security. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2011. Miguel A. Pulido Mayor 55E-3 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Joseph Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55E-4 I AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this day of 201 , which 5 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a 6 political subdivision of the State of California, hereinafter referred to as "COUNTY", and 7 , a (municipal corporation/special district/not-for- 8 profit corporation), hereinafter referred to as "SUBGRANTEE." 9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the 10 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant 11 from the State of California, acting through its California Emergency Management Agency, to enhance 12 county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant 13 documents that are attached hereto as Attachments A (FY 10 CA Supplement to Federal Program 14 Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) and 15 incorporated herein by reference. 16 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 17 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 18 purposes. 19 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 21 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires 22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 23 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 24 after acquisition by COUNTY as is reasonably practicable. 25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 26 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or 27 to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 55&54 I to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3. Throughout its useful life, SUBGRANTEE 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 I 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. SUBGRANTEE 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 11 technologies and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 17 11 equipment only in accordance with the instructions of COUNTY. 18 II 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 SUBGRANTEE'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 by 25 SUBGRANTEE in SUBGRANTEE's use of 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 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 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 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A, B and C hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during I usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security " of 4 1 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 5 State of California. 6 7 DATED: , 201_ COUNTY OF ORANGE, a political subdivision of the State of California 8 9 BY Sheriff-Coroner 10 "COUNTY" 11 APPROVED AS TO FORM: 12 COUNTY COUNSEL 13 14 BY Nicole A. Sims, Deputy 15 16 DATED: , 201 17 18 DATED: SUBGRANTEE 19 20 By: 21 22 By: 23 ATTEST: 24 25 By City Clerk 26 DATED: 5201 27 - 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 55E4f 4 ATTACHMENT A - FY10 HSGP ALLOCATIONS State Homeland Security Program (SHSP) Operational Area Population Base Amount 25% LE SHSP Total Award (25% LE + SHSP) ALAMEDA 1,556,657 100,000 796,945 2,390,835 3,187,780 ALPINE 1,201 100,000 25,596 76,787 102,382 AMADOR 38,080 100,000 43,884 131,652 175,535 BUTTE 220,748 100,000 134,469 403,406 537,875 CALAVERAS 45,987 100,000 47,805 143,415 191,220 COLUSA 21,997 100,000 35,908 107,725 143,633 CONTRA COSTA 1,060,435 100,000 550,869 1,652,607 2,203,476 DEL NORTE 29,547 100,000 39,652 118,957 158,609 EL DORADO 180,185 100,000 114,354 343,061 457,414 FRESNO 942,298 100,000 492,285 1,476,855 1,969,140 GLENN 29,239 100,000 39,500 118,499 157,998 HUMBOLDT IMPERIAL, 132,755 179,254 100,000 100,000 90,833 113,892 272,499 341,676 363,332 455,568 INYO 18,049 100,000 33,950 101,851 135,802 KERN 827,173 100,000 435,195 1,305,584 1,740,778 KINGS 154,743 100,000 101,737 305,211 406,948 LAKE 64,025 100,000 56,750 170,250 227,000 LASSEN 35,550 100,000 42,629 127,888 170,517 LOS ANGELES 10,393,185 100,000 5,178,973 15,536,920 20,715,893 MADERA 152,331 100,000 100,541 301,623 402,163 MARIN 258,618 100,000 153,248 459,745 612,994 MARIPOSA 18,306 100,000 34,078 102,234 136,312 MENDOCINO 90,206 100,000 69,733 209,199 278,932 MERCED 256,450 100,000 152,173 456,520 608,694 MODOC 9,698 100,000 29,809 89,428 119,237 MONO 13,504 100,000 31,697 95,090 126,786 MONTEREY 431,892 100,000 239,175 717,525 956,700 NAPA 137,571 100,000 93,221 279,664 372,885 NEVADA 98,718 100,000 73,954 221,863 295,817 ORANGE 3,139,017 100,000 1,581,636 4,744,909 6,326,545 PLACER 339,577 100,000 193,396 580,188 773,584 PLUMAS 20,632 100,000 35,231 105,694 140,926 RIVERSIDE 2,107,653 100,000 1,070,184 3,210,551 4,280,735 SACRAMENTO 1,433,187 100,000 735,716 2,207,149 2,942,866 SAN BENITO 58,016 100,000 53,770 161,310 215,080 SAN BERNARDINO 2,060,950 100,000 1,047,024 3,141,071 4,188,095 SAN DIEGO 3,173,407 100,000 1,598,690 4,796,071 6,394,761 SAN FRANCISCO 845,559 100,000 444,312 1,332,936 1,777,248 SAN JOAQUIN 689,480 100,000 366,913 1,100,738 1,467,651 SAN LUIS OBISPO 270,429 100,000 159,106 477,317 636,422 SAN MATEO 745,858 100,000 394,870 1,184,611 1,579,482 SANTA BARBARA 431,312 100,000 238,887 716,662 955,549 SANTA CLARA 1,857,621 100,000 946,193 2,838,579 3,784,772 SANTA CRUZ 268,637 100,000 158,217 474,651 632,868 SHASTA 183,023 100,000 115,761 347,283 463,044 r v ?_amorma Lmergency management Agency Page 19 Exhibit A 55E-9 ATTACHMENT A - FY10 HSGP ALLOCATIONS SIERRA 3,358 100,000 26,665 79,996 106,661 SISKIYOU 45,973 100,000 47,798 143,394 191,192 SOLANO 426,729 100,000 236,615 709,844 946,458 SON )MA 486,630 100,000 266,319 798,958 1,065,278 STANISLAUS 526,383 100,000 286,033 858,099 1,144,132 SUTTER 96,554 100,000 72,881 218,643 291,524 TEHAMA 62,836 100,000 56,160 168,481 224,641 TRINITY 13,959 100,000 31,922 95,767 127,689 TULARE 441,481 100,000 243,930 731,790 975,720 TUOLUMNE 56,335 100,000 52,936 158,809 211,746 VENTURA 836,080 100,000 439,611 1,318,834 1,758,446 YOLO 200,709 100,000 124,531 373,594 498,126 YUBA 72,900 100,000 61,151 183,453 2449604 Total 38,292,687 $5,800,000 $20,439317 61,317,950 $81,757,267 Native American Allocation Coordinating Group Population Base Amount 25% LE SHSP Total Award NATIVE AMERICAN TRIBES 71,287 $100,000 $60,351 $181,054 241,405 Regional Terrorism Threat Assessment Centers (RTTAC) Region Total Award SAN FRANCISCO BAY AREA 1,000,000 SACRAMENTO/CENTRAL VALLEY AREA 1,000,000 GREATER LOS ANGELES AREA 1,000,000 SAN DIEGO AREA 1,000,000 Total $4,000,000 Urban Areas Security Initiative (UASI) *A minimum of 25% of UASI funding must be utilized for Law Enforcement ur poses Urban Area Federal Allocation 80% Allocation to to State UASI 20% State Initiatives ANAHEIM/SANTA ANA AREA 12,773,050 10,218,440 2,554,610 BAY AREA 42,827,663 34,262,131 8,565,532 LOS ANGELES/LONG BEACH AREA 69,922,146 55,937,717 13,984,429 OXNARD AREA 2,507,575 2,006,060 501,515 RIVERSIDE AREA 5,286,378 4,229,103 1,057,275 SACRAMENTO AREA 3,947,286 3,157,829 789,457 SAN DIEGO AREA 16,208,500 12,966,800 3,241,700 BAKERSFIELD AREA 1,014,919 811,936 202,983 Total $154,487,517 $123,590,016 $30,897,501 Metropolitan Medical Response System (MMRS) FYI 0 California Emergency Management Agency Page 20 55E-10 ATTACHMENT A - FY10 HSGP ALLOCATIONS MMRS Jurisdiction Federal Allocation to State Allocation to MMRS ANAHEIM 317,419 317,419 BAKERSFIELD 317,419 317,419 FREMONT 317,419 317,419 FRESNO 317,419 317,419 GLENDALE 317,419 317,419 HUNTINGTON BEACH 317,419 317,419 LONG BEACH 317,419 317,419 LOS ANGELES 317,419 317,419 MODESTO 317,419 317,419 OAKLAND 317,419 317,419 RIVERSIDE 317,419 317,419 SACRAMENTO 317,419 317,419 SAN BERNARDINO 317,419 317,419 SAN DIEGO 317,419 317,419 SAN FRANCISCO 317,419 317,419 SAN JOSE 317,419 317,419 SANTA ANA 317,419 317,419 STOCKTON 317,419 317,419 Total $5,713,542 $5,713,542 Citizen Corps Program (CCP) CCP Federal Allocation to State Allocation to CCP CALIFORNIA VOLUNTEERS $986,002 $986,002 FYI 0 California Emergency Management Agency Page 21 55E-11 55E-12 Cal ECALIFORNIA EMERGENCY MANAGEMENT AGENCY Fiscal Year 2010 HOMELAND SECURITY GRANT PROGRAM California Supplement to the Federal Program Guidance and Application Kit Exhibit B 55E-13 STATE OF CALIFORNIA Arnold Schwarzenegger, Governor CALIFORNIA EMERGENCY MANAGEMENT AGENCY Matthew R. Bettenhausen, Secretary Frank McCarton, Undersecretary Peggy Okabayashi, Assistant Secretary OFFICE OF GRANTS MANAGEMENT Brendan Murphy, Director Gina Buccieri-Harrington, Assistant Director HOMELAND SECURITY, PROP 1B & EMERGENCY MANAGEMENT BRANCH Kris Whitty, Chief HOMELAND SECURITY GRANT UNIT Ursula Harelson, Program Manager Darlene Arambula, Office Assistant Cameron Bardwell, Program Representative Maybel Garing-Espilla, Program Representative Casey Granados, Program Representative Bryant Hard, Program Representative Leo LaMattina, Program Representative Rachel Magana, Program Representative GRANTS PROCESSING BRANCH John Isaacson, Chief FISCAL AND REPORTING UNIT Michael Cheng, Program Representative Gina Joaquin, Staff Service Analyst Rose Nguyen, Program Representative Christopher Sampang, Office Assistant 1, 1 v t.amorma r,mergency management Agency Page 2 55E-14 TABLE OF CONTENTS FOREWORD: SECRETARY'S MESSAGE ....................................................................................4 SECTION I - OVERVIEW ................................................................................................................5 Federal Program Guidance ........................................................................ Purpose of the California Supplement .................................................................................................... 5 Eligible Subgrantees ............................................................................................................................... 5 Subgrantee Allocations ........................................................................................................................... 6 Cal EMA Contact Information ............................................................................................................... 6 SECTION 2 - FEDERAL CHANGES AND INITIATIVES ...........................................................7 FY 10 HSGP Priorities ...........................................................................................................................7 M&A Limits ...........................................................................................................................................7 Personnel Cap ......................................................................................................................................... 7 EHP ...................................................................... ............................................................ ...................... Operation Stonegarden ........................................................................................................................... 9 ODP Secure Portal ..................................................................................................................................9 SECTION 3 - STATE CHANGES AND INITIATIVES ...............................................................10 FY 10 SHSP Priorities .......................................................................................................................... 10 State Initiative Funding ........................................................................................................................ 10 Training ................................................................................................................................................ 10 TLO .................................................................................. CAL JRIES ........................................................................................................................................... I 1 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS .....................................12 Financial Management Forms Workbook ............................................................................................ 12 Narrative Attachments .......................................................................................................................... 13 Grant Assurances ............................................................................................................ 13 ...................... Operational Areas Only ........................................................................................................................ 14 State Agencies Only ............................................................................................................................. 14 SECTION 5 - THE STATE APPLICATION PROCESS ............................................................15 Application Submittal ........................................................................................................................... 15 Application Approval ........................................................................................................................... 15 SECTION 6 - POST AWARD REQUIREMENTS ........................................................................16 Post Award Modifications .................................................................................................................... 16 Payment Request Process ..................................................................................................................... 16 Advances ................................................... .............................................. ............................................. Subgrantee Performance Reports ......................................................................................................... 116 7 Monitoring Subgrantee Performance ................................................................................................... 17 Suspension and Termination ................................................................................................................ 18 Closeout ................................................................................................................................................ 18 ATTACHMENTS A- FYI 0 HSGP Allocations ................................................................................................................ 19 B- FYI 0 HSGP Timeline ........................................................................ C- Sample Governing Body Resolution ............................................................................................. 23 D- State Agency Signature Authority Form ........................................................................................ 24 E- State Agency Project Narrative ...................................................................................................... 25 F- FY10 HSGP Application Checklist ............................................................................................... 26 FYI 0 California Emergency Management Agency Page 3 55E-15 FOREWORD: SECRETARY'S MESSAGE The California Emergency Management Agency (Cal EMA) is the agency vested with the duties, powers, purposes, responsibilities, and jurisdictions previously held within the Governor's Offices of Homeland Security (OHS) and Emergency Services (OES). Specifically, Cal EMA is responsible for designing and implementing homeland security initiatives and ensuring the state's readiness is at its maximum potential to respond to and recover from the effects of all crises. Through these efforts, Cal EMA remains committed to the four mission areas of the Homeland Security Grant Program (HSGP) - to prevent, prepare, respond and recover. In the past year, we have made significant progress and have achieved a number of objectives that continue to make California a better place to live, work, and thrive. We have developed strategies that outline the principles, priorities, initiatives, and objectives which are critical to protecting lives and property through the continuous enhancement of our homeland security programs. Cal EMA will continue to work conscientiously, deliberately, and with a steadfast commitment to enlist, entrust, empower, and encourage our partners; to foster and promote a customer-service-driven program at the center of all activities; and to build and maintain opportunities for growth - both personally and professionally. We will also venture, whenever possible, to make wise investments in those resources that capitalize on multi-use capabilities and that promote greater efficiency in our short- and long-term operations. To further our progress, I am pleased to present the Fiscal Year 2010 State Supplement to the Federal Program Guidance. We have much work ahead of us as we continue to plan for both the expected and the unexpected. California continues to be recognized as a national leader in homeland security and emergency management and therefore, the dedicated staff at Cal EMA will continue to work tirelessly to advance our efforts which we believe will provide the greatest benefits for our state. Throughout the duration of the grant, Cal EMA program representatives will continue to be available to assist you in enhancing your homeland security programs and I encourage you to call upon them for their guidance and expertise. Because of your excellent contributions and achievements, California is a better place to live and do business; California communities are safer, have the best trained and equipped first responders, and continue to move forward with a number of important initiatives. I thank you for your continued support of the HSGP and for your extraordinary efforts. Sincerely, MATTHEW R. BETTENHAUSEN Secretary 1 1 , v %-aiuvrma emergency management Agency Page 4 55E-16 SECTION 1- OVERVIEW Federal Program The U.S. Department of Homeland Security (DHS) published the Fiscal Year Guidance 2010 (FYI 0) Homeland Security Grant Program, Program Guidance and Application Kit in December, 2009 and may be obtained at: http://www.fema gov/pdf/government/grant/2010/fy10 hsgp kit Ddf Information DHS also issues Information Bulletins that provide updates, clarification, and Bulletins requirements throughout the life of the grant. Information Bulletins may be obtained at: http://www.oiD.usdoi.?,)ov/od /docs/butletinshtm Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by DHS. The Supplement Supplement will emphasize the differences between the FY09 and FYI 0 Homeland Security Grant Programs (HSGP), and will include additional California policies and requirements applicable to the FY10 HSGP. Grant Management Cal EMA also issues Grant Management Memos (GMMs) that provide Memos additional information. GMMs can be located at: http://homeland.ca.gov/grants management memo html Eligible Eligible subgrant recipients, referred to as Subgrantees, differ for each Subgrantees program. Generally, eligible Subgrantees include: • Operational Areas (OA) o Includes the Metropolitan Medical Response System (MMRS) o Native American Tribes - represented by a single coordinating group • Urban Areas Security Initiative (UASI) Jurisdictions • State Agencies, Departments, Commissions, Boards, etc. (SA) who have, or can obtain, appropriate state Department of Finance budget authority for awarded funds o Includes the Citizen Corps Program (CCP) Note: All Subgrantees must comply with requirements contained in the federal and state guidance documents, and in the Grant Assurances form. Native American Federal FYI 0 grant guidance strongly encourages Cal EMA to provide Allocation access to HSGP funds directly to Native American Tribes in California. In order for Cal EMA to implement this requirement, a single coordinating group representing the California tribes will be eligible to receive a share of this funding on a base plus population basis. In order to submit an application for funding, California's 108 tribes shall develop a single coordinating group that represents all or substantially all of the tribes. The single coordinating group shall have until October 1, 2010 to submit to Cal EMA its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California Tribes. All subgrantees are encouraged to coordinate with Tribal Governments to ensure that Tribal needs are considered in the subgrantees applications.' U.S. Department of Homelan d Security, Fiscal Year 2010 Homeland Security Grant Program Guidance and Application Kit. Page 10. FYI 0 California Emergency Management Agency Page 5 55E-17 SECTION 1- OVERVIEW Subgrantee FYI 0 Homeland Security Grant Program (HSGP) subgrantee allocations are Allocations included in Appendix A. Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subgrantees will be required to supply documentation certifying that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds.Z Public/Private Subgrantees may contract with any other public or private organizations to Organizations perform eligible activities on approved projects. Debarred/ Subgrantees must not make or permit any award (subgrant or contract) at any Suspended Parties tier to any party that is debarred, suspended, or otherwise excluded from, or ineligible for, participation in Federal assistance programs. Subgrantees must obtain documentation of eligibility prior to any subaward of HSGP funds and be prepared to present supporting documentation to monitors.3 Cal EMA Contact All subgrantee application materials, related questions, comments and Information correspondence should be directed to: California Emergency Management Agency ATTN: Office of Grants Management, HSGU 3650 Shriever Ave Mather, CA 95655 Cal EMA Main Phone Line: (916) 845 -85 10 Homeland Security Grant Unit (HSGU) Fax: (916) 324-5902 Website: http://www.calema.ca.Gov HSGU Program Cameron Bardwell at cameron.bardwe11(.&ohs ca gov or (916) 322-8740 Representatives Maybel Garing-Espilla at maybe 1. arin J(a ohs ca gov_ or (916) 324-9312 Casey Granados at casey.granados@ohs.ca.gov or (916) 322-2643 Bryant Hard at Bryant. hardgcalema.ca ov or (916) 324-9067 Leo LaMattina at leo.lamattina(j?ohs.ca.gov or (916) 324-6347 Rachel Magana at rachel.ma anakohs.ca ov or (916) 324-9314 Cal EMA representatives may be located on the regional map at: http://www.calema.ca gov/WebPage/oeswebsite nsf/ClientOESFileLibraa/Homeland% Security%20Files/$file/HSGPmap]2-28-09 pdf Ibid., page 41. 3 Ibid., page 57. r 1 1v %,ainorma rsmergency management Agency Page 6 55E-18 SECTION 2 - FEDERAL CHANGES AND INITIATIVES HSGP Priorities The Federal FYI O HSGP (State Homeland Security Program [SHSP], Urban Areas Security Initiative [UASI], Metropolitan Medical Response System [MMRS], and Citizen Corps Program [CCP]) will focus on the following eight National Priorities4: • Expand Regional Collaboration • Implement the National Incident Management System and National Response Framework • Implement the National Infrastructure Protection Plan • Strengthen Information Sharing and Collaboration Capabilities • Strengthen Interoperable and Operable Communications Capabilities • Strengthen CBRNE Detection, Response, and Decontamination Capabilities • Strengthen Medical Surge and Mass Prophylaxis Capabilities • Community Preparedness: Strengthening Planning and Citizen Ca abilities p • Strengthen CBRNE Detection, Response, and Decontamination Capabilities • Strengthen Medical Surge and Mass Prophylaxis Capabilities • Community Preparedness: Strengthening Planning and Citizen Capabilities 25% Planning The 25% planning priority requirement has been removed from the FYI 0 HSGP Guidance.5 25% Law As in past years, at least 25% of FYIO HSGP funding for SHSP and UASI Enforcement recipients must be dedicated to law enforcement-oriented planning, organization, training, exercise, and equipment activities.b M&A Limits The subgrantee Management and Administrative (M&A) allowance has been raised from 3% to 5% for the FYI O HSGP.' Personnel MMRS and CCP recipients no longer have a personnel cap. UASI and SHSP Cap recipients still have a personnel cap of 50%.8 Interoperable Subgrantees that are using FYI 0 funds to purchase interoperable Equipment communication equipment must consult SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.9 The SAFECOM guidance can be found at http://www.safecomprogram.gov. Equipment HSGP funds may be used for maintenance contracts, warranties, repair or Maintenance/ replacement costs, upgrades and user fees under all active and future awards Sustainment , unless otherwise noted. The equipment must have been purchased with HSGP funds.10 4 Ibid., pages 5-6. 5 Ibid., pages i, 36. 6 Ibid., pages 10, 21, 35. Ibid., page i. " Ibid., page 40. 9 Ibid., page 38. 10 Ibid., pages i, 44-46. r iv %_,ainorma emergency management Agency Page 7 55E-19 SECTION 2 - FEDERAL CHANGES AND INITIATIVES Special Needs Populations whose members may have additional access and functional needs Populations before, during, and after an incident must be included in planning, response and recovery documents.'' Subgrantees conducting major planning projects (including, but not limited to: Evacuation, Mass Care and Shelter, Disaster Recovery, etc.) will be required to address access and functional needs within their planning documents in order to maintain eligibility for HSGP. EHP Any project with the potential to impact natural or biological resources or historic properties cannot be initiated until FEMA has completed the required Environmental Planning and Historic Preservation (EHP) review. Subgrantees who are proposing communication tower projects are encouraged to complete their Federal Communication Commission (FCC) EHP process prior to preparing their EHP review materials for Grants Program Directorate (GPD), and to include their FCC EHP materials with their submission to GPD.12 Critical In furtherance of DHS's mission, critical emergency supplies, such as shelf Emergency stable food products, water, and basic medical supplies are an allowable Supplies expense under FYI 0 SHSP. Prior to expending funds on these supplies, Subgrantees must provide Cal EMA with a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning. Exercises Subgrantees must conduct threat and performance-based exercises in accordance with DHS Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Grant recipients must report on scheduled exercises at https://hseep.dhs.gov. For each exercise conducted with FEMA support (grant funds or direct support), subgrantees must submit an After Action Report (AAR) and Improvement Plan (IP) to the FEMA Grants and Preparedness Community of interest (COI)on the Homeland Security information Network (HSIN) within 90 days following the completion of the exercise. 13 For more information on this process, please contact Kevin Chan at (916) 324-6736 or kevin.chan a ohs.ca gov. Note: Urban Areas are required to develop a Multi-year Training and Exercise Plan and submit it to FEMA on an annual basis. Subgrantees must provide a copy to their Cal EMA Program Representative. ' ' Ibid., pages 58-59. 12 Ibid., pages 59-61. 13 Ibid., pages 63-64. IM ?auivl uia Dulcf gency management Agency Page 8 55E-20 SECTION 2 - FEDERAL CHANGES AND INITIATIVES Operation In FYI 0, FEMA added Operation Stonegarden (OPSG) as a fifth sub-program Stonegarden under The Homeland Security Grant Program (HSGP) suite. 14 However, the OPSG program will still be maintained by the Infrastructure Protection Grant Unit at Cal EMA and, as such, a separate state supplemental guidance was issued. The Cal EMA OPSG supplement was posted to the Cal EMA website at 1:30pm (PST) on February 1, 2010 and can be located at: http://www.calema.ca.gov/WebPage/oeswebsite nst`/CIientOESfiIeIibrary/homeland% 20Security%20tlles/$file/FY2010 OPSG State Supplement Guidance pdf For further information regarding the OPSG, please contact Scott Sano at (916)324-6119 or scott.sano(2ohs.ca.gov. ODP Secure The Office of Domestic Preparedness (ODP) secure portal has been migrated Portal to the Homeland Security Information Network (HSIN). To obtain access, please contact BJ Bjornson, Cal EMA's Secure Portal Administrator, at (916) 826-4488 or bi biornsonaohs.ca.gov The new "Portal" may be accessed at: https://portal.hsin.gov More information regarding the HSIN, please see Information Bulletin 335 at: http://www fema gov/pdf/government/grant/bulletins/info335pdf 14 /bid., page i. FYI 0 California Emergency Management Agency Page 9 55E-21 SECTION 3 - STATE CHANGES AND INITIATIVES SHSP Priorities While the State Homeland Security Strategy broadly describes goals, objectives, and implementation steps, the State's priorities for FYI0 HSGP are: (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 (8) Food and Agricultural Safety State Initiative In FY 10, Cal EMA shall retain 20% of the SHSP and UASI funding for state Funding initiatives. The State will pass through 100% of the MMRS and CCP. "On Behalf Of" Cal EMA 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. Regional Approach Subgrantees must take a regional approach when determining the best use of FY10 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FYI 0 HSGP application. Strategy, Planning, Cal EMA will conduct its annual Investment Justification Planning Workshop and Metrics to receive statewide input across all disciplines. The workshop will be held in Workshop the Fall of 2010. This workshop is an eligible planning activity. Please be sure to include the cost to attend this workshop in your FYI 0 HSGP Application. Training The State 10% training requirement has been removed from the FYI 0 HSGP. Non-DHS/ FEMA When seeking approval of non-DHS/FEMA developed courses, course Developed materials must be submitted with the approval requests. Conditional Training Courses approvals are no longer offered. For further information on this or other training related inquiries, please contact the Cal EMA Training Division at (916) 324-9128. Cal EMA Training Website: htip://www.calema.ca.gov/WebPage/oeswebsite.nsf/content/2FB7] BECDCBOC03D8 8257678005 DDE EMOpenDocument ,, , ,v %-,a,uurma emergency management Agency Page 10 55E-22 SECTION 3 - STATE CHANGES AND INITIATIVES Golden Guardian Subgrantees scheduled to participate in Golden Guardian (GG) exercise activities should program FYI 0 HSGP funds into their subgrant application. Cal EMA Program Representatives will be checking applications from subgrantees scheduled to participate in GG activities within the FYI 0 HSGP grant performance period for adequate exercise funding. For exercise related issues and/or questions, please contact BJ Bjornson at (916) 826-4488 or bj.biornsonkohs.ca.gov. Terrorism Liaison In an effort to continue to build towards a comprehensive integrated Officer prevention network of information sharing, all recipients of FYI 0 Homeland Security Grant funds will be required to designate a trained Terrorism Liaison Officer (TLO) within their organization. Subgrantees must require documentation for their subrecipients prior to the subaward of Homeland Security Grant funds, which needs to be available during a monitoring visit. 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 JRIES is an integral component in the information sharing network throughout the state. FYI0 California Emergency Management Agency Page I I 55E-23 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS (A checklist for application completeness can be found in Appendix E) Financial The Cal EMA Financial Management Forms Workbook (FMFW) includes: Management Forms Workbook Application Cover Sheet - Use the Cover Sheet to apply for grant programs. Each grant program requires its own separate cover sheet. The application cover sheet must be signed in blue ink. Grant Management Roster - List the names and details of employees and/or contractors currently managing grants. Project Descriptions - Describe the various details of each Project (letter/name, Us/Goals and Objectives, brief description, need/status, milestones). A maximum of 20 projects are allowed. Project Ledger -The project ledger is used in the application process to submit funding information and is used in the post-award phase for submitting Cash Requests, Modifications, and Advances. Equipment Inventory Ledger -Provide detailed information on grant funded Equipment including the Authorized Equipment List (AEL) numbers. All AEL information can be found on the web at http://www.rkb.us Training Roster -Provide detailed information on training courses including the Cal EMA course approved feedback numbers for each activity. Exercise Roster -Provide detailed information on Exercise activities. Planning Ledger -Provide detailed information on Planning activities with a final product identified. Authorized Agent Sheet - The Authorized Agent Sheet must be submitted with the application, and all Cash Requests, Modifications, or Advances, with appropriate signatures. 2010 HSGP FMFW Version 1.10 can be accessed at: http://www.calema.ca eov/WebPage/oeswebsite nsf/Content/2AD14C38229F5FO388 2575610081917F?OpenDocument FYI 0 California Emergency Management Agency Page 12 55E-24 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS Narrative Explanation of 25% Law Enforcement (SHSP and UASI only) - Describe Attachments how the Subgrantee will meet the minimum federal requirement for funding Law Enforcement-oriented activities. Management and Administrative (M&A) Cap - Describe how the Subgrantee will not surpass the federally mandated 5% cap on M&A. Personnel Cap (SHSP and UASI only) - Describe how the Subgrantee will not surpass the federally mandated 50%personnel cap. Special Needs Populations - Provide the name, title and contact information for the Subgrantees local person(s) responsible for coordinating access and functional needs of special needs populations in planning, response and recovery. Terrorism Liaison Officer (TLO) Roster - The Subgrantee must identify certified TLOs and provide an initial roster with the application. California Joint Regional Information Exchange System (CAL DRIES) Access - Applicants must document access to CAL JRIES, or submit an application for access to CAL JRIES, in their grant application to be eligible for funding. Access or an application for access will be confirmed with the State Terrorism Threat Assessment Center (STTAC) prior to final application approval. Training with AAR/Exercise Detail - Per the Federal Guidance, training conducted using HSGP funds should address a performance gap identified through an After Action Report/ Improvement Plan (AAR/IP) or contribute to building a capability that will be evaluated through an exercise. Subgrantees will explain in a narrative the gap identified provide access to the AAR or details of the upcoming exercise and submit to their CaIEMA Program Representative. Grant Assurances The Grant Assurances list the requirements to which the subgrantees will be held accountable. All applicants will be required to submit a signed, original copy of the FYI 0 Grant Assurances with their FY10 HSGP application. The required Grant Assurances form can be found only in PDF format on the Cal EMA website and will be available within 14 days of the Federal award. Note: Selfcreated Grant Assurances will not be accepted. r iv %_a,uorma r,mergency management Agency Page 13 55E-25 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS Operational Approval Authority Body - Operational Areas must appoint an Anti- Areas Only Terrorism Approval Body (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 Chief) Note: A list of the Approval Authority Body members and their associated contact information, as well as a written agreement from each member, must be submitted with the FY10 HSGP application. Contact your program representative for more information. Governing Body Resolution - The Governing Body Resolution appoints Authorized Agents (identified by the individual's name or by a position title) to act on behalf of the governing body and the applicant by executing any actions necessary for each application and subgrant. All applicants will be required to submit a certified copy of their FYI 0 Governing Body Resolution with their FYI 0 HSGP application. A sample Resolution can be found in Appendix C. Authorized Agent Information Form - For each person or position appointed by the governing body, submit the following information to Cal EMA, along with the Resolution, on the applicant's letterhead: • Name • Title • Jurisdiction • Grant Program • Phone & Fax Number(s) • E-Mail Address • Street Address, City, & Zip Code Note: Changes can be made to the Authorized Agent if and when necessary. If the Governing Body Resolution identifies the Authorized Agent by name, a new Resolution and corresponding Authorized Agent Information Sheet are needed when any changes are made. If the Governing Body Resolution indentified the Authorized Agents by position and/or title, changes can be made by submitting a new Authorized Agent Information Sheet. State Agencies Project Narrative - In addition to the FMFW Project Descriptions, State Only Agencies must complete a Project Narrative form (included in Appendix D). Signature Authority- State Agency applications must be signed by the highest-level person, or their designee. If a designee is signing, the highest- level person must execute and submit a Signature Authority form with the Application (included in Appendix D). FYI 0 California Emergency Management Agency Page 14 55E-26 SECTION 5 -THE STATE APPLICATION PROCESS Application The completed FMFW V 1.10 must be mailed in hard copy with original Submittal signatures and also submitted electronically via posting to the new "Portal" (https://portal.hsin. ov) marked "FY10 HSGP Application". Detailed instructions on the electronic submittal process will be issued in a Cal EMA Grant Management Memo prior to application due date. Documents requiring an original signature will need to be mailed in hardcopy. Signatures must be in blue ink only. HAND DELIVERED APPLICATIONS WILL NOT BE ACCEPTED Late or Incomplete All application materials are due no later than Friday, August 13,2010 (see Applications Timeline in Appendix B). Only applications postmarked by the due date will be accepted. Applications lost in transit are the responsibility of the applicant and will not be considered for funding. Late or incomplete applications will be reviewed and/or denied, and additional information will be requested and/or accepted from subgrantees, at the sole discretion of Cal EMA 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. Subgrantee reimbursements will not be made until all required application components have been approved by the state and all conditional holds removed. 1 1 1v ?-alrlurnia zmergency management Agency Page 15 55E-27 SECTION 6 - POST AWARD REQUIREMENTS Post Award Post award budget, scope and time modifications must be requested using the Modifications Cal EMA Financial Management Forms Workbook V 1. 10, signed by the subgrantee's Authorized Agent, and submitted to the subgrantee's Program Representative in the Homeland Security Grant Unit at Cal EMA. The subgrantee may implement the modifications, and incur associated expenses, only after receiving written final approval of the modification from the State. 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. Note: Modifications can be requested once per quarter during the grant performance period. Payment Request To request advance or reimbursement payment of FYI 0 HSGP funds, Process complete a payment request form using the Cal EMA Financial Management Forms Workbook and return it to the appropriate Program Representative in the Homeland Security Grant Unit at the Cal EMA. Subgrantees who fail to follow the workbook instructions may experience delays in processing. Payments can only be made if the subgrantee has submitted a completed an approved application. Exercise costs will not be reimbursed until an AAR has been posted and access to the AAR has been granted to Rachel Magana. Rachel can be reached at (916) 324-9314 or rachel.ma anana,ohs.ca.gov. Advances and DHS allows subgrantees to request FYI 0 HSGP funds up to 120 days prior Interest Earned on to expenditure/disbursement, or on a reimbursement basis. The federal guide Advances requires that advances must be deposited 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 Cal EMA of any interest returned on program funds. 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, DHS allowed subgrantees to obtain a "performance bond" wherein subgrantees procured the item(s) in question, paid the money up front, and obtained a performance bond to ensure delivery of the item within 90 days of the subgrantees performance period. Subgrantees must obtain a performance bond for any equipment item over $250,000 or any vehicle, aircraft or watercraft, financed with homeland security dollars. FYI 0 California Emergency Management Agency Page 16 55E-28 SECTION 6 - POST AWARD REQUIREMENTS 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 Cal EMA. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the DHS/FEMA Grants Reporting Tool (GRT). To obtain access to the online GRT, please log on to their website at www.re porting. odp dhs gov_. To create a new account, follow the instructions that read, "If you need to register for an account, please click here." For additional assistance with the GRT, please contact: Rose Nguyen at rose.nguyenaohs.ca.Po_v or (916) 322-2607 Michael Cheng at michael.cheng_na ohs.ca ov or (916) 324-6779 Failure to Submit Periodic reporting is required by the grant. Subgrantees who miss a Required Reports single reporting deadline may 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 may have subsequent awards reduced by 10% until timely reporting is reestablished. UASI's shall have a "hold" placed on any future reimbursements. Monitoring Corrective Action Plans - The Monitoring and Audits Unit (MAU) is Subgrantee actively conducting monitoring visits, both desk review and on-site, among Performance subgrantees. Many of these jurisdictions receive "findings" that 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. The state is currently conducting a program of sub-grantee monitoring. The monitoring will be conducted on the subgrantees administrative, programmatic 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: o Grant Assurances; Information provided on performance reports and payment requests; and Needs and threat assessment and strategies. Note: It is the responsibility ofall 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. FYI 0 California Emergency Management Agency Page 17 55E-29 SECTION 6 - POST AWARD REQUIREMENTS Suspension/ 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. • 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; 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 grant funds, and an invoice to return costs associated with the unsupported activities. FYI0 California Emergency Management Agency Page 18 55E-30 ATTACHMENT A - FY10 HSGP ALLOCATIONS State Homeland Security Program (SHSP) Operational Area Population Base Amount 25% LE SHSP Total Award (25% LE + SHSP) ALAMEDA 1,556,657 100,000 796,945 2,390,835 3,187,780 ALPINE 1,201 100,000 25,596 76,787 102,382 AMADOR 38,080 100,000 43,884 131,652 175,535 BUTTE 220,748 100,000 134,469 403,406 537,875 CALAVERAS 45,987 100,000 47,805 143,415 191,220 COLUSA 21,997 100,000 35,908 107,725 143,633 CONTRA COSTA 1,060,435 100,000 550,869 1,652,607 2,203,476 DEL NORTE 29,547 100,000 39,652 118,957 158,609 EL DORADO 180,185 100,000 114,354 343,061 457,414 FRESNO 942,298 100,000 492,285 1,476,855 1,969,140 GLENN 29,239 100,000 39,500 118,499 157,998 HUMBOLDT 132,755 100,000 90,833 272,499 363,332 IMPERIAL 179,254 100,000 113,892 341,676 455,568 INYO 18,049 100,000 33,950 101,851 135,802 KERN 827,173 100,000 435,195 1,305,584 1,740,778 KINGS 154,743 100,000 101,737 305,211 406,948 LAKE 64,025 100,000 56,750 170,250 227,000 LASSEN 35,550 100,000 42,629 127,888 170,517 LOS ANGELES 10,393,185 100,000 5,178,973 15,536,920 20,715,893 MADERA 152,331 100,000 100,541 301,623 402,163 MARIN 258,618 100,000 153,248 459,745 612,994 MARIPOSA 18,306 100,000 34,078 102,234 136,312 MENDOCINO 90,206 100,000 69,733 209,199 278,932 MERCED 256,450 100,000 152,173 456,520 608,694 MODOC 9,698 100,000 29,809 89,428 119,237 MONO 13,504 100,000 31,697 95,090 126,786 MONTEREY 431,892 100,000 239,175 717,525 956,700 NAPA 137,571 100,000 93,221 279,664 372,885 NEVADA 98,718 100,000 73,954 221,863 295,817 ORANGE 3,139,017 100,000 1,581,636 4,744,909 6,326,545 PLACER 339,577 100,000 193,396 580,188 773,584 PLUMAS 20,632 100,000 35,231 105,694 140,926 RIVERSIDE 2,107,653 100,000 1,070,184 3,210,551 4,280,735 SACRAMENTO 1,433,187 100,000 735,716 2,207,149 2,942,866 SAN BENITO 58,016 100,000 53,770 161,310 215,080 SAN BERNARDINO 2,060,950 100,000 1,047,024 3,141,071 4,188,095 SAN DIEGO 3,173,407 100,000 1,598,690 4,796,071 6,394,761 SAN FRANCISCO 845,559 100,000 444,312 1,332,936 1,777,248 SAN JOAQUIN 689,480 100,000 366,913 1,100,738 1,467,651 SAN LUIS OBISPO 270,429 100,000 159,106 477,317 636,422 SAN MATEO 745,858 100,000 394,870 1,184,611 1,579,482 SANTA BARBARA 431,312 100,000 238,887 716,662 955,549 SANTA CLARA 1,857,621 100,000 946,193 2,838,579 3,784,772 SANTA CRUZ 268,637 100,000 158,217 474,651 632,868 SHASTA 183,023 100,000 115,761 347,283 463,044 FYI 0 California Emergency Management Agency Page 19 55E-31 ATTACHMENT A - FY10 HSGP ALLOCATIONS SIERRA 3,358 100,000 26,665 79,996 106,661 SISKIYOU 45,973 100,000 47,798 143,394 191,192 SOLANO 426,729 100,000 236,615 709,844 946,458 SONOMA 486,630 100,000 266,319 798,958 1,065,278 STANISLAUS 526,383 100,000 286,033 858,099 1,144,132 SUTTER 96,554 100,000 72,881 218,643 291,524 TEHAMA 62,836 100,000 56,160 168,481 224,641 TRINITY 13,959 100,000 31,922 95,767 127,689 TULARE 441,481 100,000 243,930 731,790 975,720 TUOLUMNE 56,335 100,000 52,936 158,809 211,746 VENTURA 836,080 100,000 439,611 1,318,834 1,758,446 YOLO 200,709 100,000 124,531 373,594 498,126 YUBA 72,900 100,000 61,151 183,453 244,604 Total 38,292,687 $5,800,000 $20,439317 61,317,950 $81,757,267 Native American Allocation Coordinating Group Population Base Amount o 25% LE SHSP Total Award NATIVE AMERICAN TRIBES 71,287 $100,000 $60,351 $181,054 241,405 Regional Terrorism Threat Assessment Centers (RTTAC) Region Total Award SAN FRANCISCO BAY AREA 1,000,000 SACRAMENTO/CENTRAL VALLEY AREA 1,000,000 GREATER LOS ANGELES AREA 1,000,000 SAN DIEGO AREA 1,000,000 Total $4,000,000 Urban Areas Security Initiative (UASI) *A minimum of 25% of UASI funding must be utilized for Law Enforcement ur oses Urban Area Federal Allocation 80% Allocation to to State UASI 20% State Initiatives ANAHEIM/SANTA ANA AREA 12,773,050 10,218,440 2,554,610 BAY AREA 42,827,663 34,262,131 8,565,532 LOS ANGELES/LONG BEACH AREA 69,922,146 55,937,717 13,984,429 OXNARD AREA 2,507,575 2,006,060 501,515 RIVERSIDE AREA 5,286,378 4,229,103 1,057,275 SACRAMENTO AREA 3,947,286 3,157,829 789,457 SAN DIEGO AREA 16,208,500 12,966,800 3,241,700 BAKERSFIELD AREA 1,014,919 811,936 202,983 Total $154,487,517 $123,590,016 $30,897,501 Metropolitan Medical Response System (MMRS) FYI 0 California Emergency Management Agency Page 20 55E-32 ATTACHMENT A - FY10 HSGP ALLOCATIONS MMRS Jurisdiction Federal Allocation to State Allocation to MMRS ANAHEIM 317,419 317,419 BAKERSFIELD 317,419 317,419 FREMONT 317,419 317,419 FRESNO 317,419 317,419 GLENDALE 317,419 317,419 HUNTINGTON BEACH 317,419 317,419 LONG BEACH 317,419 317,419 LOS ANGELES 317,419 317,419 MODESTO 317,419 317,419 OAKLAND 317,419 317,419 RIVERSIDE 317,419 317,419 SACRAMENTO 317,419 317,419 SAN BERNARDINO 317,419 317,419 SAN DIEGO 317,419 317,419 SAN FRANCISCO 317,419 317,419 SAN JOSE 317,419 317,419 SANTA ANA 317,419 317,419 STOCKTON 317,419 317,419 Total $5,713,542 $5,713,542 Citizen Corps Program (CCP) CCP Federal Allocation to State Allocation to CCP CALIFORNIA VOLUNTEERS $986,002 $986,002 FYI 0 California Emergency Management Agency Page 21 55E-33 55E-34 ATTACHMENT B - FYIO HSGP TIMELINE DHS Announcement of FYI 0 HSGP December 8, 2009 FYI 0 HSGP California Supplement (Including Subgrantee March 2010 Allocations) Release SAA Application Due to DHS April 19, 2010 Subgrantee Application Workshops April 2010 DHS Award to California July 30, 2010* Subgrantee Applications Due to Cal EMA August 13, 2010* Subgrantee Awards (45 days from DHS award) September 13, 2010* Subgrantee Performance Period Begins September 13, 2010* Subgrantee Performance Period Ends April 30, 2013 Final Requests for Reimbursement Due May 10, 2013 SAA Performance Period Ends July 31, 2013 * Date approximate depending on DHS award date r y i u Lantorma Emergency Management Agency Page 22 55E-35 55E-36 ATTACHMENT C - SAMPLE GOVERNING BODY RESOLUTION BE IT RESOLVED BY THE (Governing Body) OF THE (Name of Applicant) (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) THAT OR OR (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 provided by the federal Department of Homeland Security and sub-granted through the State of California. Passed and approved this Certification I, (Name) Of the day of 20 duly appointed and i itie) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the day of 20 (Official Position) (Signature) (Date) r r iu Laiuornia Emergency Management Agency 55E-37 Page 23 55E-38 ATTACHMENT D - STATE AGENCY SIGNATURE AUTHORITY FORM AS THE (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 California Emergency Management Agency. (Name or Title of Authorized Agent) , OR (Name or Title of Authorized Agent) OR (Name or Title of Authorized Agent) Signed and approved this day of 20 (Signature) FYI 0 California Emergency Management Agency 55E-39 Page 24 55E-40 ATTACHMENT E - STATE AGENCY PROJECT NARRATIVE 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 Food and Agriculture Safety 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 and the date the assessment was conducted (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 FYI 0 Please check the appropriate box: ? Our agency currently has spending authority for the requested funds. ? Our agency does not currently have spending authority for the requested funds. See below for explanation: r i iv t,aiuorma emergency management Agency Page 25 55E-41 55E-42 ATTACHMENT F - FY10 HSGP APPLICATION CHECKLIST Subgrantee: FIPS #: Cal EMA Regional Rep: OPERATIONAL/URBAN AREAS Financial Management Forms Workbook Application Cover Sheet Grant Management Roster Project Descriptions Project Ledger Equipment Inventory Ledger Training Roster STATE AGENCIES Exercise Roster Planning Ledger Authorized Agent Sheet Narrative Attachments: 25% Law Enforcement - Minimum 5% M&A Cap 50% Personnel Cap (UASI & SHSP only) Special Needs Populations TLO Roster CAL JRIES Access Training w/AAR/Exercise Detail Approval Authority (OAs only): Contact Information for each member Written Agreement from each member Governing Body Resolution (Certified) Authorized Agent(s) Information Form Grant Assurances (Signed Originals) Financial Management Forms Workbook Application Cover Sheet Grant Management Roster Project Descriptions Project Ledger Equipment Inventory Ledger Training Roster Exercise Roster Planning Ledger Authorized Agent Form Narrative Attachments: TLO Roster CAL JRIES Access 25% Law Enforcement-Minimum Special Needs Populations Training w/AAR/Exercise Detail 5% M&A Cap 50% Personnel Cap Project Narrative Form Signature Authority - Authorized Agent Grant Assurances (Signed Originals) FY 10 Calitornia Emergency Management Agency Page 26 55E-43 55E-44 California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) Name of Applicant: Address: City: State: Zip Code: Telephone Number: Fax Number: E-Mail Address: As the duly authorized representative of the applicant, I certify that the applicant named above: Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. 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 grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub-granted through the State of California, California Emergency Management Agency (Cal EMA). Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. Exhibit C Page I Initials 55E-45 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. 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. 12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority- owned, women-owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any developments that have a significant impact on award-supported activities, including changes to key program staff. 15. 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 structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and 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. 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 gender. 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. Page 2 Initials 55E-46 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 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that 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, gender, 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. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. in. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [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. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-assisted programs. 18. 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 ten thousand dollars ($10,000) or more. 19. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review. Any construction- related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground-disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are Page 3 Initials 55E-47 discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 22. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. C. 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.). d. 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.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. 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. h. Applicable provisions 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. 23. 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. 24. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEAM s Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEAM s Grant Programs Directorate or the US. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 25. Acknowledges that DHS/FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub-award; and b) any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. Page 4 Initials 55E-48 26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees 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. 28. 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). 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 sub-agreements. 34. 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 Page 5 Initials 55E-49 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. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, 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. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds. 37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non-Profit Organizations (OMB Circular A-122). 39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 42. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. Page 6 Initials 55E-50 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 Homeland Security Grant Program application. Further, use of FYI 0 funds is limited to those investments included in the California FYI 0 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 44. 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". 45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 46. Agrees to comply with the Drug-Free Workplace Act of 1988, and certifies that it will or will 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 workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on-going drug-free awareness program to inform employees about: L The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug-free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and Page 7 Initials 55E-51 iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 47. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 48. 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: Title: Date: Page 8 55E-52