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07-0807_ORANGE, COUNTY OF_Agreement1 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 93 0 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2006 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this --�-- day of T 200_7, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political �su/lbdivision of the /Sttate of California, hereinafter referred to as "COUNTY", and r1h a (municipal corporation/special district/not-for- profit corporation), hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security, to enhance county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 06 CA Supplement to Federal Program Guidelines) and B (2006 Project Matrix) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use saic grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to perform such other grant functions, if any, for which Attachments A and B permit SUBGRANTEE tc 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 0 0 expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized agent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant funds only for those purposes permitted under the terms of the grant, and shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and repairs for said equipment as are necessary, in order to keep said equipment in continually good working order. Such maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for material and labor costs for any maintenance and repair of the said equipment throughout the life of the said equipment. 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies and/or services to include but not limited to upgrades, licenses and renewals of said equipment, technologies and/or services. 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded I equipment only in accordance with the instructions of COUNTY. 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A and B hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A and B hereto. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A and B hereto. SUBGRANTEE shall notify COUNTY 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 0 0 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of I Attachments A and B 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 and B 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 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 container in this Agreement, including Attachments A and B 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 witt the work in any manner deemed proper by COUNTY. 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 0 • 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A and A her6to, and &d1r hor ba -considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 51/0 200 I APPROVED AS TO FORM: I COUNTY COUNSEL By�C� Nicole A. Sims, Deputy DATED: 2006 By John Shaw, City Attorney / 107 DATED: IA ID DA l bV: _1,_[_�' , �NU7' im COUNTY OF ORANGE, a political subdivision of the State of California Sheriff -Coroner "COUNTY" SUBGRANTEE By: Sam Allevato, Mayor City of San Juan Capistrano 0 0 Attachment AM" 11 Governor's Office of Homeland Security FY06 Homeland Security Grant Program California Supplement to Federal Program Guidance and Application Kit April 3, 2006 ���U ^�Contents Table of Foreword: Director's Message ... ............................. ................................................... ........ ............... 4 ChapterOne ............................................................................................................................................ 5 Overview.......................... .................................................................................................................. j In this Chapter .—~...^~.....-...~—_~,......—^........`....~..—.......~..J Federal Program Guidance and Updates ......................................................................................... j Purpose of the California Supplement ozthe Federal Program Guidance ...................................... 6 Purpose ofthe Homeland Security Grant Program .......—.—.—..,.....,...—......^6 6%ioihleQobgroot Recipients and Allocations ................................................................................ 6 When are the applications dou1........—.—....—.`—.........~~_~~.—,^..—..`.... 6 State Contact Information ............................................................................................................... 7 ChapterTwo ............................................................................................................................................ X State Policies and Requirements .^,..—.....°~~.—.^...~.~—.~...~..~.-..`--._.^..8 Inthis Chapter .~.—.—...-~~^—...^~....^~..-~_.-...~.-....^...-......~.....—.8 Approval Authority Body ~SHSPand LE]-PPONLY ................................................................... X Allocations by Discipline ^SHSyONLY ....................................................................................... V Allocations by Program Activity —.....-..~.....—.......~...,~.~.._..—.—...—..V Governing Body Resolution ........................... ............................................................................... 9 GrantAssurances ............................................................................................................................ 9 California Public Records Act .................................................................. ................................... l0 Exercises....................................................................................................................................... l0 Information Analysis ........................................................................................ ll Post Award Modifications .^.~~..,.~...~"~..--...—~.....—...---~...`~—....-12 Subgrantee Pcrfhrnououe Reports ...,....—...--............--..--,...^.—..l2 Monitoring Subgrantee Performance ............................................................................................ l2 Suspension o«Termination ........................................................................................................... l3 Closeout........................................................................................................................................ l3 ChapterThree ........................................................................................................................................ l4 Program Changes -...—....~..~..,.~......^.—,^.......~,...._..........^.-...l4 In this Chapter ._...—..—.......—....."^.—...---.~.........--~......`..~l4 Program Changes ~,....,.^..`...-..............^...—......`......._......-~.l4 NationalInitiatives ....... ................ ........... ...... ...... ........ ...... .......................................... ..... l5 Operational Costs and Border Security ......................................................................................... l6 PersonnelCosts ............................................................................................... 6 Management and Administrative Costs ........................................................................................ l6 Advances and Interest Earned on Advances ................................................................................. l7 Payment Request Process ............................................................................................................. l7 Noo^G&T Developed Courses ...................................................................................................... l7 Authorized Equipment List and Equipment Purchase Assistance Program ......... -...--......... .l8 Construction and Renovation ........................................................................................................ l9 lJASI~...~^.—~~.-....—..~..~~.—.-...,....—^..'.,—....,..—... 19 MTVMS....................................................................................................... ................................... lV CCP.......................................................................................................................... .................... }0 CCP, continued ............................................................................................... 0 3tu1r Agencies ,.~.,....~.`..—.....^......--.....—.............`2l Ports..........~^..,^.........—.....~............~..^.-..^.....22 FY06Huoelaod Security Grant Program Table of Contents ChapterFour.........................................................................................................................................23 Application........................................................................................................................................ 23 Inthis Chapter...............................................................................................................................23 State Required Application Components......................................................................................23 Appendix A - Subgrantee Allocations........................................................................26 AppendixB- Forms..............................................................................................27 Appendix C- Goals and Objectives............................................................................51 Appendix D -Investment Justifications........................................................................56 FY06 Homeland Security Grant Program Foreword: Director's Message The Governor's Office of Homeland Security (OHS) is pleased to release the FY2006 Homeland Security Grant Program (HSGP) guidance. Along with its introduction are several important changes to the grant process beginning this year. First, subgrantees will need to prioritize their expenditure of funds in meeting homeland security goals and objectives. Funds not utilized in a timely fashion will be reallocated to those agencies or jurisdictions with a demonstrated need and use of the grant award. Second, all applications must include a ten (10) percent allotment for training purposes, specifically on equipment that was purchased and successful courses that have been developed. As you review this Grant Guide, you will note some variations from prior years which attempt to incorporate the core United States Department of Homeland Security (DHS) Office of Grants and Training (G&T) programs into a unified process which seeks to: • Employ a risk and need -based allocation process; • Provide funding to build and sustain capabilities in support of the National Preparedness Goal and National Priorities; • Allow flexibility at State and Local level to support Goal implementation; and • Clearly articulate the differences between the component grant programs. The federal DHS has consolidated the administration of five (S) programs into one (1) application package and the California OHS has followed this direction as well. With this Grant Guide and Application Kit you will be able to apply for these distinct programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), Law Enforcement Terrorism Prevention Program (LETPP), Metropolitan Medical Response System (MMRS), and Citizen Corps Program (CCP). Additionally, State Agencies and Port Districts shall also be eligible to apply for FY06 funding via this application process. The prevention of a terrorist attack is the number one priority for the OHS and is based on public safety partnerships in information sharing at the local and regional level. To compliment federal efforts, California has created four (4) mutually supporting Regional Terrorism Threat Assessment Centers (RTTAC) aligned with the four (4) Federal Bureau of Investigation (FBI) Field Offices in the state (San Diego, Los Angeles, San Francisco, and Sacramento), as well as the State Terrorism Threat Assessment Center (STTAC), all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL JRIES). Agencies currently participating are encouraged to sustain their commitment to their regional RTTACs, to CAL JRIES, and to the Terrorism Liaison Officers (TLOs) concept of individuals trained in the review and assessment of local reporting, and agencies not participating are encouraged to join. We look forward to your continued collaboration towards our homeland security strategy and our efforts in protecting California. Through the joint development of the state's Enhancement Plan and Investment Justifications, we will work together towards achieving the four (4) mission areas of the National Preparedness Goal: prevent, protect, respond, and recover. MATTHEW R. BETTENHAUSEN Executive Director Governor's Office of Homeland Security FY06 Homeland Security Grant Program 0 Overview Chapter One In this Chapter This chapter contains the following topics: 0 • Federal Program Guidance and Updates • Purpose of the California Supplement to the Federal Program Guidance • Purpose of the Homeland Security Grant Program • Eligible Subgrant Recipients and Allocations • When are the Applications Due? • State Contact Information. Federal The U.S. Department of Homeland Security (DHS) published the FY 2006 Program Homeland Security Grant Program, Program Guidance and Application Kit, Guidance and on December 2, 2005. Revision pages were issued on January 3, 2006, Updates The Guidance and Application Kit may be obtained at http://www.oip.gov/odp/docs/fv2006hso.Ddf . The U.S. DHS periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which they administer. DHS's Information Bulletins can be found at http://www.oit).usdoi.gov/odi)/docs/bulletins.htm . Bulletins specific to the FY 06 Homeland Security Grant Program: • Information Bulletin # 202 — February 8, 2006 Application Review and Scoring Approach for Fiscal Year (FY) 2006 Homeland Security Grant Program - PDF • Information Bulletin # 201 — February 3, 2006 FY 2006 Allocation Amounts: Emergency Management Performance Grant (EMPG), Metropolitan Medical Response System (MMRS), and Citizen Corps (CCP) - PDF • Information Bulletin # 200 —January 3, 2006 Updated Information about the Urban Areas Security Initiative (UASI) and the Fiscal Year (FY) 2006 Homeland Security Grant Program (HSGP) Program Guidance and Application. Kit - PDF (Attachments: Program Guidance and Application Kit) • Information Bulletin # 199 —December 20, 2005 Responding to Inquiries about Fiscal Year (FY) 2006 Homeland Security Grant Program (HSGP) Application Submissions - PDF • Information Bulletin # 198 —December 2, 2005 Department of Homeland Security (DHS) Fiscal Year (FY) 2006 Homeland Security Grant Program (HSGP) Program Guidance and Application Kit - PDF FY06 Homeland Security Grant Program 0 0 Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by the United States Supplement to Department of Homeland Security's (DHS), Office of Grants and Training. the Federal The Supplement will emphasize differences between the FY 05 and FY 06 Program Homeland Security Grant Programs, and will include additional CaliforniaGuidance policies and requirements applicable to FY 06 HSGP. Purpose of the The U.S. Department of Homeland Security, through the Office of Grants and Homeland Training, is providing funding to California to enhance the ability of the state, Security Grant urban areas, local jurisdictions, to prevent, deter, respond to and recover from Program threats and incidents of terrorism. Eligible Eligible subgrant recipients, referred to as subgrantees, differ for each Subgrant program. Generally, eligible subgrant recipients will remain the same as in Recipients and FY 05. Subsequent to DHS's announcement of funding to California on May Allocations 31, 2006, additional subgrantee and allocation information will be made available. NOTE. All subgrantees are encouraged to coordinate with Tribal Governments to ensure that Tribal needs are considered in the subgrantees' applications. NOTE. Subgrantees may contract with any other public or private organization to perform eligible activities on approved projects. When are the Completed applications are due no later than Friday, June 30, 2006. Only Applications applications postmarked by the due date will be accepted. Additional Due? information will be requested or accepted from subgrantees at the sole discretion of the Governor's Office of Homeland Security (OHS). Applications lost in transit are the responsibility of the applicant and will not be considered for funding. The mailing address for all applications is: Governor's Office of Homeland Security ATTN: Grant Management Section State Capitol Sacramento, CA 95814 Continued on next page FY06 Homeland Security Grant Program r� U r� u State Contact All subgrant related questions, comments and correspondence should be Information directed to the state contacts listed below: Govemor's Office of Homeland Security ATTN: Grants Management Section State Capitol Sacramento, CA 95814-4900 (916)324-8908 (916)323-9633 Fax hM://www.hometand.cagov/grants.html Regional Map and Contact Info httt)://www.homeland.ca.gov/pdf/man.ndf Governor's Office of Homeland Security Website http:/fwww.homeland,ca.gov/ Office for Domestic Preparedness Secure Portal https://odi).esportals.com/index.cfin To obtain access to the ODP Secure Portal please contact BJ Bjornson, Secure Portal Administrator, Office of Homeland Security, Training and Exercise Program (T&E). winfield.biomsonnnus.army.mil (916) 826-4488 Office for Domestic Preparedness, Grant Reporting Tool (GRT) httns:IJwww.reporting.odp.dhs.eov FY06 Homeland Security Chant Program 0 Chapter Two State Policies and Requirements In this Chapter This chapter contains the following topics: 0 • Approval Authority Body - SHSP and LETPP ONLY • Allocations by Discipline - SHSP ONLY • Allocations by Program Activity • Governing Body Resolution • Grant Assurances • California Public Records Act • Exercises • Post Award Modifications • Monitoring Subgrant Performance • Suspension or Termination • Closeout Approval Operational Areas must appoint an Anti -Terrorism Approval Body (Approval Authority Body Authority) to have final approval of the OA's application for SHSP and - SHSP and LETPP funds. The Approval Authority shall consist of the following LETPP ONLY representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the Operational Area Fire Chiefs) • County Sheriff • Chief of Police (selected by the Operational Area Police Chiefs) Each member of the Approval Authority must provide written agreement with the OA's application for SHSP and LETPP funds. NOTE: A list of the Approval Body members, and associated contact information, must be submitted with the FY 06 HSGP application. Continued on next page FY06 Homeland Security Grant Program 0 0 State Policies and Requirements, Continued Allocations by Operational Areas must allocate SHSP funds as follows: Discipline - SHSP ONLY • Fire services - 20% • Police services - 20% • Emergency medical services - 20% • All other disciplines (discretionary) - 40% NOTE. The Approval Authority may change the allocation percentages with a 415th vote. Allocations by Generally, there are no state restrictions or preferences on how subgrantees Program allocate funds across eligible program activities. Activity However, not less than ten percent (10%) of all subgrantee applications must be allocated to Training activities. Governing The Governing Body Resolution appoints agents authorized to execute any Body actions necessary for each application and subgrant. Resolution NOTE. All applicants will be required to submit a new Governing Body Resolution with their FY 06 HSGP application. A sample Resolution can be found in Appendix B- Forms. Grant The Grant Assurances form lists the requirements to which the subgrantees Assurances will be held accountable. NOTE. All applicants will be required to submit new Grant Assurances with their FY 06 HSGP application. A sample Assurances form can be found in Appendix B - Forms. Continued on next page FY06 Homeland Security Grant Program 0 0 State Policies and Requirements, Continued California The details of any application, modification, report, and payment request will Public Records be subject to the provisions of the California Public Records Act Act (Governmental Code Section 6250 et seq.). This means that all, or part, of the information provided to the state may be publicly disclosed. While the state will make every effort to protect sensitive information, it is imperative that information provided to the state does not contain information that constituent jurisdictions or agencies believe are confidential. The applicant's and subgrantee's failure to protect such information from disclosure may jeopardize the safety and security of the people of the State of California. For example, do not specifically identify potential targets, locations, and their vulnerabilities if this information is not already public knowledge. While bridges and shopping malls are well known targets, key distribution points of petroleum products and data storage facilities are not. Applicants and subgrantees should prepare and submit information to the state with the expectation that it may be made publicly available. If there are any questions about the inclusion of sensitive information in any information provided to the state, contact the Governor's Office of Homeland Security (OHS). Exercises Subgrantees must conduct threat- and performance-based exercises in accordance with G&T's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Once an exercise paid for with grant funds has been scheduled, subgrantees must notify the Office of Homeland Security, Training and Exercise Program (T&E) of the exercise date, time, location, and point of contact information. ME will maintain a web -based master schedule of all exercises occurring throughout the state, to increase communication and coordination of all exercises. Exercise After Action Reports (AAR) and Improvement Plans (IP) must be provided to G&T within 60 days following the completion of each exercise. Delivery to G&T is accomplished by posting the AAR and IP in the appropriate portion of the G&T secure portal. T&E is the subgrantee's point of contact for exercise related issues and questions. Subgrantees may contact the T&E at (916) 826-4488, or by e-mail to winfield.biornson(n us.armv.mil . FY06 Homeland Security Grant Program 0 0 Continued on next page FY06 Homeland Security Grant Program Information Analysis Regional Governor Schwarcenegger has emphasized that prevention of a terrorist attack must Terrorist be the number one priority for the Office of Homeland Security (OHS). As a major Threat part of the prevention component of California's Homeland Security Strategy, our Assessment plan to detect, deter and prevent terrorism in California is based on public safety Center partnerships in information sharing and at the regional and local level. These (RTTAC) partnerships bring together federal, state and local law enforcement agencies, and their respective law enforcement, public safety and criminal information systems, including those of the U.S. Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI). To compliment federal efforts, California has created four mutually supporting Regional Terrorism Threat Assessment Centers (RTTACs), aligned with the four FBI Field Offices in the state (San Diego, Los Angeles, San Francisco and Sacramento), and a State Terrorism Threat Assessment Center (STTAC), all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL DRIES). State The State Terrorism Threat Assessment Centers (STTAC) is a partnership of the Terrorism California Department of Justice, the California Highway Patrol and the California Threat Office of Homeland Security (OHS), with representation of allied state and federal Assessment agencies. The State Center is designed to provide California's senior leaders with Center real time situational awareness of identified threats, visibility of and coordination (STTAC) with the critical infrastructure of the state, and constant access to the latest local, state and national information analysis products and to maintain strategic assessments of threats that can affect California. Terrorism The RTTACs develop a regional threat assessment picture, have analytical functions Liaison and directly connect the state and federal systems to share information and produce Officer assessments, reports and other threat and warning products. At the local level law (TLO) enforcement and public safety agencies designate Terrorism Liaison Officers (TLOs) who are trained in the review and assessment of local reporting and in conducting outreach to other public safety agencies, critical infrastructure operators and community groups. The TLO is the local agency point of contact for all terrorism - related alerts, requests for information, warnings and other notifications from regional, state or federal homeland security agencies. The TLOs review local agency reports, manage local reporting and initiate or respond to requests for information. Through the single web -based state terrorism website contained in CAL JRIES, the TLOs and their agency have access to all available terrorisms alerts, notices, information and documents with searchable databases. The California threat assessment system not only serves to protect California, it also fully compliments and serves the needs of both the FBI and DHS, providing access to information from the local police officer to national analyst and investigator, all sharing access to information and sharing relevant products to ensure better safety for our state and nation. The system is fully compatible with the National Criminal Information Sharing Plan from the U.S. Department of Justice, and our regional information sharing strategy is the largest and most comprehensive in the nation. Agencies currently participating in our state system and encouraged to sustain their commitment to their regional RTTACs, to CAL JRIES and to the TLO concept, and agencies not yet participating are encouraged to join. Information regarding the Regional Terrorism Threat Assessment Center supporting your jurisdiction can be obtained from OHS by contacting us at IA .ohs.ca.gov, or referring to our website for information directing you to the respective supporting RTTAC. Continued on next page FY06 Homeland Security Grant Program n U State Policies and Requirements, continued 0 Post Award Post award budget, scope and time modifications must be requested using the Modifications OHS Financial Management Forms Workbook, by the subgrantee's Authorized Agent, and submitted to the subgrantees Program Representative in the Grant Administration Unit at the Governor's Office of Homeland Security. Upon approval the subgrantee will be instructed to make the required changes in the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.repartiniz.odp.dhs.jzov . The subgrantee may implement the modifications, and incur associated expenses, after receiving written final approval of the modification from the State. NOTE. Modifications can be requested once per quarter during the grant performance period. Failure to submit modification requests, and receive written approval prior to expenditure, could result in a reduction or disallowance of that part of the grant. Subgrantee Subgrantees must prepare and submit performance reports to the state for the Performance duration of the grant performance period, or until all grant activities are Reports completed and the grant is formally closed. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.reporting.odi).dhs.gov , and will also be required to submit additional information and data requested by the state. Failure to submit performance reports could result in grant reduction, termination or suspension. Monitoring The state is currently conducting a program of sub -grantee monitoring. The Subgrantee monitoring will be conducted on the subgrantees administrative, Performance 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: — Grant Assurances. — Information provided on performance reports and payment requests. — Needs and threat assessments and strategies. Continued on next page FY06 Homeland Security Grant Program 0 0 State Policies and Requirements, Continued Suspension or The State may suspend or terminate subgrant funding, in whole or in part, or Termination other measures may be imposed for any of the following reasons: • Failing to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failing to comply with the requirements or statutory objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. • Filing a false certification in the application or other report or document. Before taking action, the state will provide the subgrantee reasonable notice of intent to impose measures and will make efforts to resolve the problem informally. Closeout The State will close a subgrantee award after: • Receiving a subgrantee Performance Report indicating that all approved work has been completed, and all funds have been disbursed; • Completing a review to confirm the accuracy of reported information; and, • Reconciling actual costs to awards, modifications and payments. If the closeout review and reconciliation indicates that the subgrantee: • is owed additional funds, the state will send the final payment automatically to the subgrantee. • did not use all funds received, the state will issue an Invoice or Grant Modification letter to recover unused funds. In the Grant Closeout letter, the state will notify the subgrantee of the start of the record retention period for all programmatic and financial grant related records. NOTE. Failure to maintain all grant records for the required retention period could result in a reduction of eligible grant activities, and an invoice to return costs associated with the unsupported activities. FY06 Homeland Security Grant Program C� Chapter Three Program Changes In this Chapter This chapter contains the following topics: • • Program Changes • National Initiatives • Operational Costs and Border Security • Personnel Costs • Management and Administrative Costs • Advances and Interest Earned on Advances • Payment Request Process • Non-G&T Developed Courses • Authorized Equipment List and Equipment Purchase Assistance Program • Construction and Renovation • UASI • MIVMS • CCP • State Agencies • Ports Program The FY06 Homeland Security Grant Program (HSGP) contains many changes Changes from the FY 06 program. Subgrantees should carefully read the following items to understand all FY 06 HSGP requirements, guidelines and changes: • U.S. DHS Program Guidance and Application Kit httv://www.oip.gov/odp/does/fv2006hso.i)d • Associated DHS Information Bulletins http://www.oip.usdoi.gov/odp/does/bulletins.htm • California Supplement to Federal Program Guidance and Application Kit bttT)://www.homeland.ca.gov/uWs.html The remainder of this chapter is devoted to selected items that have changed from FY 05 HSGP. Continued on next page FY06 Homeland Security Grant Program 0 0 Program Changes, Continued National National Initiatives include: Initiatives • Implementing the National Incident Management System (NIMS) • Implementing Homeland Security Presidential Directive (HSPD 8) • Implementing the National Response Plan (NRP), including the Catastrophic Incident Response Annex (CIRA) to the NRP • Achieving tactical interoperable communications • Institutionalizing awareness training • Public awareness and citizen participation FY06 Homeland Security Grant Program Operational The federal DHS now allows up to 25% of the UASI and LETPP funds to be Costs and used for certain operational expenses. See the U.S. DHS Program Guidance Border Security and Application Kit, for a full description of allowable Operational costs. Additionally, UASI and LETPP funding may be used for certain operational costs in support of federal agencies for increased border security. See information bulletin below for additional information on "Operation Stonegarden". Information Bulletin # 204 — March 20, 2006 Operation Stonegarden - PDF (Attachments: ACPA Contact Info list.xls) Personnel Hiring, overtime, and backfill expenses are allowable only to perform Costs programmatic activities deemed allowable under existing guidance. Supplanting, however, is not allowed. Up to 15% of programmatic spending may be used to support the hiring of full or part-time personnel to conduct program activities that are allowable under the entire FY 2006 HSGP (i.e., planning, training program management, exercise program management, etc). Grantees may request that, DHS issue a waiver to increase that ceiling. Waiver decisions are at the discretion of DHS and will be considered on a case-by-case basis. The ceiling on personnel costs does not apply to contractors, and is in addition to eligible M&A costs and eligible hiring of intelligence analysts. Grantees may hire staff only for program management functions not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. Grant funds may not be used to support the hiring of sworn public safety officers to fulfill traditional public safety duties. Management The federal DHS has increased the subgrantee Management and and Administrative (M&A) allowance to a maximum of 3% of their subgrant on Administrative all FY O6 HSGP programs. Costs Continued on next page FY06 Homeland Security Grant Program 0 9 Program Changes, Continued Advances and The U.S. Department of Homeland Security allows subgrantees to request FY Interest Earned 06 HSGP funds up to 120 days prior to expenditure/disbursement, or on a on Advances reimbursement basis. The federal guide requires that advances must be deposited in interest-bearine accountsand 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 grantees Program Representative in the Grant Administration Unit at the Governor's Office of Homeland Security, of any interest returned on program funds. Payment To request advance or reimbursement payment of FY 06 HSGP funds, Request complete a payment request form using the OHS Financial management Process Forms Workbook and return it to the appropriate Program Representative in the Grant Administration Unit at the Governor's Office of Homeland Security. OHS Financial Management Forms Workbook V 1.2 httn://www.homeland.ca.gov/grants.htrnl NOTE. Payments can only be made if the subgrantee has an approved application, valid Governing Body Resolution and valid Grant Assurance form. Non-G&T When seeking DHS approval of non-G&T developed courses, the most Developed notable changes: Courses Course materials must be submitted with the approval request; and, Conditional approvals are no longer offered. The Office of Homeland Security HSTEEP will release additional training related information at a later date. Continued on next page FY06 Homeland Security Grant Program C-] Program Changes, Continued Authorized The Authorized Equipment List (AEL) may now be found on the web at Equipment List http://www.rkb.mint.org, and Equipment Purchase The federal Department of Homeland Security's Equipment Purchase Assistance Program Assistance Program (EPAP)* allows grantees access to the Defense Logistics Agency's (DLA) "prime vendors". California has established an on-line purchase process with Fisher Safety, a DLA prime vendor that will allow subgrantees access to the EPAP. Benefits of the program include shorter procurement lead time, online ordering and a diverse inventory of products. However, Fisher Safety may not carry all items on the AEL and standard subgrantee procurement processes should be followed to obtain those items. Subgrantee participation in EPAP is voluntary. Expansion of this program to prior year Homeland Security and Urban Areas grants is under consideration. Subgrantees must submit an Equipment Inventoryfrom the OHS Financial Management Workbook with their application package. The Workbook is available at htti)://www.homeland.ca.gov/grants.htm] , and indicates, by project and funding source, the value of equipment purchases to be made through Fisher Safety, or through the subgrantee's standard procurement processes. Subgrantee funds committed to Fisher Safety will be paid by the state, directly to DLA, upon Fisher Safety's notification that subgrantee ordered equipment has been shipped. Consequently, the funds committed to Fisher Safety will not be available for subgrantees to request as either an advance or reimbursement payment To view Prime Vendor pricing on the Quartermaster website and try out the site without placing an order. 1. Go to Fisher Safety's website www.fishersafety.com 2. Under the username enter "caprimevendor" 3. Under the password type "california" in lowercase. 4. Common reimbursable products can be view by SEL/AEL categories under the Hothst link in the top right comer 5. All Products can be found in Search by typing in part numbers, descriptions, and manufacturer's names. Search will show all items in Fisher's system but will highlight the reimbursable ones with a small green "P" and labeled CA OHS/OES reviewed item. If anyone requires any additional help, the can call our Quartermaster Hotline 1-888-764-3572 or email us at CS.OuartermasterQfishersci.com. FY06 Homeland Security Grant Program Construction Use of FY 06 funds for construction and renovation is generally prohibited, and Renovation however with written approval by the Assistant Secretary for the Office of Grants and Training, up to $1.0 million may be used for construction. NOTE: Written approval must be provided by DHS prior to the use of any FY 06 funds for construction or renovation. This includes the allowable exceptions noted in the federal Guidance. UASI UASI changes include the: • DHS consolidated San Jose, Oakland and San Francisco into one Urban Area. • DHS consolidated Los Angeles and Long Beach into one Urban Area. • DHS consolidated Santa Ana and Anaheim into one Urban Area. • DHS authorized both San Diego and Sacramento for sustainment funding only. If the DHS risk score associated with each of these cities does not increase then they will not be eligible for future UASI funding. MMRS The most notable change for Metropolitan Medical Response System (MMRS) is that, in past years, this was a direct grant from the federal government to the local jurisdiction. Starting with FY 06, MMRS is now granted to the state and the state, in turn, subgrants to cities pre -selected by DHS. CCP In FY06, California received a CCP allocation of approximately $1.5 million. Because of the small dollar amount of these grants, DHS has removed the 80% minimum pass-through requirement that it normally places on awards to the state. The emphasis on Citizen Corps Program (CCP) elements -- such as developing and utilizing Citizen Corps councils and programs to increase citizen participation and training -- has been significantly increased at the federal level across all six HSGP initiatives and as such should be funded through these initiatives. To that end, the federal DHS has repeatedly emphasized that the involvement of citizens should be incorporated into all facets of homeland security. This marks a significant change from earlier years when all citizen -based activities were funded out of a single set-aside grant — the Citizen Corp Program. DHS is emphasizing that citizen involvement should be a critical consideration in all HSGP grant programs. The California Service Corps, which manages California's Citizen Corps Program, will utilize the state's allocation to develop statewide initiatives, programs and projects that have benefit for all local units of government. The CSC will work to strengthen Citizen Corps Program implementation at the state and local level. The CSC will support numerous statewide initiatives, programs and projects to include: FY06 Homeland Security Grant Program Program Changes, Continued CCP, continued ■ Sponsoring statewide/regional conferences, workshops and exercises for council and program coordinators and their volunteers; ■ Supporting Community Emergency Response Team (CERT) T -T -T and CERT T-4 Program Manager's Academy training; • Conducting statewide and regional CCP marketing campaigns; ■ Increasing staff support to all Citizen Corps programs — CERT, Volunteers in Police Service, Medical Reserve Corps, Fire Corps, and the Neighborhood Watch Program; • Developing new resources for Citizen Corps councils and programs; • Developing new courses for emergency managers as well as Citizen Corps and national service programs; ■ Offering guidance, technical assistance, training and support to local councils and programs; • Supporting ongoing coordination of state working groups to advance the field; ■ Developing SEMS/NIMS guidance for integrating Voluntary, Volunteer, and Service organizations in all hazard preparedness, response and recovery activities; ■ Providing basic and advanced Volunteer Management Plan development training for OA partnerships; ■ Coordinating the role of Voluntary, Volunteer and Service Organizations in the state's Golden Guardian Exercise; ■ Developing state, regional and local VOAD (Voluntary Organizations Active in Disasters) capacities and capabilities; and, ■ Ensuring increased state coordination in time of major disaster by supporting the state and local Volunteer Management function. The involvement of citizens into preparedness and response activities cannot be separated from the full homeland security planning process. This is strongly emphasized in a number of the upcoming federal initiatives. California encourages its Citizen Corps councils and programs to work collaboratively to increase the level of preparedness of its most underserved communities. In accordance with the DHS policy of full integration of citizen -based programs into the various federal programs and initiatives, Operational Areas are encouraged to continue their citizen -based programs and use available FY06 funds from the other HSGP programs. Each OA should further integrate citizen -based activities across the entire HSGP and fund its citizen - based programs in a manner appropriate to achieve local, state and national priorities. Given the federal requirements for citizen -based involvement, adequate allocations are critical for both continuity of these programs and achievement of the objectives in the National Preparedness Goal. FY06 Homeland Security Grant Program State Agencies Which State Organizations Any state agency, department, commission, board, etc., may apply for FY may Apply? 2006 Homeland Security Grant Program (HSGP 06) funding, as long as the organization: • Has, or can obtain, appropriate state Department of Finance budget authority for awarded funds; and, • Will comply with all grant requirements contained in the federal and state grant guidance documents, and in the Grant Assurances form. Who may sign the The application cover sheet must be signed by the highest -level person at the Application? state organization, or their designee. If a designee, the highest -level person at the state organization must execute and submit a Signature Authority form with the Application Package. NOTE: The requirement for the creation of an Approval Authority Body, and that the Body must use a 2020/20/40 funding distribution model does not apply to state organizations. For which State organizations may apply for State Homeland Security Program (SHSP), Programs may Law Enforcement Terrorism Prevention Program (LETPP) and Urban Areas State Security Initiative (UASI) funding under FY 06 HSGP. Organizations Apply? What are the State Priorities While the State Homeland Security Strategy broadly describes goals, for FY 06 objectives and implementation steps, the state's priorities for FY 06 HSGP 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 If OHS receives applications for more funds than are available, projects will be approved in accordance with the preceding list of priorities. If a state organization applies for any of the UASI state allocation, the funds must be used to directly support one or more pre -selected urban area(s). The application's UASI project description must describe the project AND identify the urban area(s) that will be supported by the project. FY06 Homeland Security Grant Program Ports Federal The FY 2005 DHS Appropriations Act provides funds for a competitive grant Program program to address physical security enhancements for critical national seaports. A priority for the Port Security Grant Program (PSGP) in FY 2005 is risk-based distribution of funding. As part of this focus on risk, the FY 2005 PSGP will direct the available funds to the Nation's highest risk ports, thereby ensuring federally regulated ports, terminals and U.S. inspected passenger vessels receiving the funds represent assets of the highest strategic importance nationally. To identify the most at -risk seaports, G&T worked with the United States Coast Guard and DHS Infrastructure Directorate, Risk Management Division (RMD) to develop the following risk formula: Risk = Consequence X Vulnerability X Threat The elements of each risk factor included: • Consequence — people, economic, national security, port -specific special considerations (hazardous materials, oil); Vulnerability — distance from open water, number of port calls, presence of tankers; and, • Threat — credible threats and incidents (intelligence community, USCG, less credible threats and incidents (operational indicators), vessels of interest. The Nation's 129 largest volume ports were evaluated using this formula. Based on this risk-based evaluation, 11 port areas have been identified for inclusion in the FY 2005 PSG Program. State Program Subsequent to the DHS announcement of grant funding on May 31, 2006 the Governor's Office of Homeland Security may make funding available to Port Authorities statewide from it's FY 06 HSGP grant award. The use of these additional funds will be restricted to Physical Security Enhancement Equipment, CBRNE Logistical Support Equipment, Terrorism Incident Prevention Equipment, Interoperable Communications Equipment, Detection Equipment, Personal Protective Equipment and Training. FY06 Homeland Security Grant Program 0 0 Chapter Four Applications In this Chapter This chapter contains the following topics: • Homeland Security Grant Program Application • Regional Approach • State Required Application Components • Regional Approach • When are Applications Due? • Application Approvals Homeland The Fiscal Year 2006 Homeland Security Grant Program (FY 06 HSGP) Security Grant integrates the following five programs into a single application: Program Application 1, State Homeland Security Program (SHSP 06) 2. Urban Areas Security Initiative (UASI 06)* 3. Law Enforcement Terrorism Prevention Program (LETPP 06) 4. Citizen Corps Program (CCP) 5. Metropolitan Medical Response System (MMRS 06) Also included in the California Supplement for FY 06 is the State Agency and Ports application process. Continued on next page FY06 Homeland Security Grant Program 0 0 State Required A completed application will include all of the following components. Application Components . Application Cover Sheet with appropriate signatures: - Subgrantee Authorized Agent for all applications - Approval Authority Body for SHSP and LETPP applications - Core city AND core county for UASI applications Approval Authority Body member information: - Name - Title - Discipline Represented - Mailing Address - Office Phone Number - Cell Phone Number - Fax Number - E -Mail Address Completed OHS Financial Forms Workbook V 1.2 - Project Ledger - Project Description Project— A thru T - Investment Justification — Goals and Objectives - Project Description - Need for project Status of Project - Equipment Inventory Ledger - Training Roster - Exercise Roster - Authorized Agent form • Project Description for State Agencies and Ports The required application forms can be found in Appendix B - Forms The Financial Management Forms Workbook V 1.2 can be found at htta://www.homeland.ca.jzov/arants.html NOTE: Subgrant awards will not be made until all required application components have been approved by the state. Regional Subgrantees must take a regional approach when determining the best use of Approach FY 06 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 06 HSGP application. FY06 Homeland Security Grant Program 0 0 When are the Completed applications are due no later than Friday, June 30, 2006. Only Applications applications postmarked by the due date will be accepted. Additional Due? information will be requested or accepted from subgrantees at the sole discretion of the Governor's Office of Homeland Security (OHS). Applications lost in transit are the responsibility of the applicant and will not be considered for funding. The mailing address for all applications is: Governor's Office of Homeland Security ATTN: Grant Management Section State Capitol Sacramento, CA 95814 Application The subgrantee will receive written notice of the state's approval of the Approval subgrant application. FY06 Homeland Security Grant Program 0 Appendix A Subgrantees and Allocations Subgrantee and Allocation information will be released after May 31, 2006. FY06 Homeland Security Grant Program • C] Appendix B FORMS FY06 Homeland Security Grant Program 0 Appendix B - Forms This appendix contains all grant forms, including: 0 • Application Cover Sheet - Operational Areas ➢ for use by Operational Areas that submit applications for any or all of the following programs: SHSP, LETPP • Application Cover Sheet - Operational Areas with AUVIRS ➢ for use by Operational Areas that submit applications for any or all of the following programs: SHSP, LETPP, MMRS • Application Cover Sheet — UASI Jurisdictions ➢ for use by Cities that submit applications for UASI funds • Approval Authority Body member information ➢ must be submitted by Operational Areas that submit applications for SHSP, LETPP funds • SAMPLE Governing Body Resolution — for OA's and UASI's • Application Cover Sheet — State Organizations for use by State Organizations ➢ SAMPLE - Signature Authority - for State Organizations • Application Cover Sheet - Ports ➢ for use by Port Authorities ➢ SAMPLE - Signature Authority — for Port Authorities • Grant Assurances —all applicants The Financial Management Forms Workbook V 1.2 can be found at httn://www.homeland.ca.gov/grants.htrnl . FY06 Homeland Security Grant Program 0 0 FY06 Homeland Security Grant Program Application Cover Sheet for Operational Areas with MMRS Allocations (Page I of 2) Applicant (county) County of Orange Authorized Agent Information: 2644 Santiago Canyon Road Mailing Address Sliverado, CA 92676 City, State, Zip Code Maximum Amount Authorized SHSP Amount Requested LETPP Amount Requested MMRS Amount Requested Contact Information: Catherine Zurn, Captain Name,Mtle (714)628.7194 Area Code/Office Telephone Number czurn@ocsd.org E-MailAddress $ 2,956,370 $ 2,281,269 696,990 $ 5,934,629 Total Amount Requested $5,934,629 11 0 FY06 Homeland Security Grant Program Application Cover Sheet for Operational Areas with AVIlVMS Allocations (Page 2 of 2) Applicant (county) County of Orange Statement of Certification - Approval Authority Body - SHSP and LETPP Only By signing below, I hereby certify that the Operational Area's application represents the Approval Authority Body's consensus on the Operational Area's FY 2006 Homeland Security Grant Program needs for the State Homeland Security Program and Law Enforcement Terrorism Prevention Program. Position/Designee County Public Health Officer County Fire Chief Municipal Fire County Sheriff Chief of Police Printed Name Dr. Hildy Meyers Chip Prather Roger Smith Title Public Health Officer Anaheim Fire Dept. Statement of Certification - County Authorized Agent - SHSP, LETPP, MMRS By signing below, I certify I am the duly appointed Authorized Agent and have the authority to apply for the F 006 Ho eland Security Grant Program, and the Operational Area's application ,epresents e, Beds fq,r t e State Homeland Security Program and L,awEnforcement Terrorism Agent Sheriff -Coroner Title W aei orona P a O/v37�fa t ZH e -e_ 5. 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N 0 m nW-m wc'miw aci m mE E• O W m m> a W ¢ w y >>> ?. w° W C m m a W e L W> D m ca m F• a m U ,r a m a L a m F- QY _d >` O Wm m wC fiW aim U d � c N °i OCD > W QGo i+ QZ a -°��" w F U 2 Jco � L LD k } CL \D 2 &{ 22 k� \0 \/ ƒ-� I� E\# cc k\ </( 0 CM § �� = ' L) ))£ . o §/\ cu )y) ■ _c O a)E (°\/ cuCD k cc \0 \ \ �" _§ r ) §e) \\\ L l /ƒ2 4k2 2 F- @ Lm� § IL § L 0 0 RESOLUTION NO. 06-08-01-0 s 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE CITY APPLICANT'S AGENT FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL DEPARTMENT OF HOMELAND SECUIRTY AND THE STATE OFFICE OF EMERGENCY SERVICES WHEREAS, the State of California and/or the Federal Government, under certain circumstances will declare the County of Orange, including the City of. San Juan Capistrano, as a disaster area; and, WHEREAS, the State of California and/or the Federal Government, under certain circumstances, will make available financial assistance for declared disasters; and, WHEREAS, the State of California and/or the Federal Government will under certain circumstances, make available financial assistance and/or property and/or programs that support emergency planning for homeland security. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San i Juan Capistrano does hereby authorize the City Manager, Administrative Services Director, I or Public Works Director to execute for and on behalf of the named applicant, a public I - 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 or the State of California. PASSED, APPROVED, AND ADOPTED this 1s' day of August 2006. c ""'^ "" ovv R LIN, MAYOR Page 1 of 1 8/1/2006 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) t, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do'hereby certify that the foregoing, Resolution No. 06-08-01=03 was duly adopted by the City Council of. the City of San Juan Capistrano at a Regular meeting thereof, held the 1" day of August 2006, by the following vote: AYES: NOES: City Clerk Hart, Bathgate, Allevato, Soto and Mayor Swerdlin None None • Office of Homeland Secuop Grant Assurances (All Applicants) Name of Applicant: C /7y OF n/ T✓, ,v C_Pis7x,4No Address: 3Z yo /5i5E0 fM4E4 4 N TO City: CVis7Pe4No State: C/-/ Zip Code: %?67S Telephone Number: Fax Number: y9— `%88�-3871 7 E -Mail Address: D,4D,4M.5 ,�.si wx&wWc,,�W /.57?e4 A10. OR (r— As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will .initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: FY06 homeland Security Grant Program a. Title VI A Civil Rights Act of 1964 (P.L. 88-351P, 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 sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§'523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(g) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (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. 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 10. Will comply with environmental standards which may be prescribed pursuant to the following: A. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; B. notification of violating facilities pursuant to EO 11738; C. protection of wetlands pursuant to EO 11990; D. evaluation of flood hazards in floodplains in accordance with EO 11988; E. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); F. conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); G. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and FY06 Homeland Security Grant Program H. protectione6dangered species under the Endangeopecies Act of 1973, as amended, (P.L. 93-205). I. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code Regulations, Title 14, Chapter 3 Section 15000-15007. 11. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et. seq.) related to protecting components or potential components of the national wild and scenic rivers system. 12. Will assist the awarding agency in assuring compliance with Section 106 of the Rational Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 13. 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. 14. Has requested through the State of Californiafederal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: A. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. B. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. C. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 15. 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). 16. 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. 17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. 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. 19. 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, FY06 Homeland Security Grant Program hospitals, and o0on-profit organizations. • 20. 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. 21. 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." 22. Agrees that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; B. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 23. Agrees that equipment acquired or obtained with grant funds: A. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. B. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. C. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 24. 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. FY06 Homeland Security Grant Program 25. Will comply withopplicable Federal statutes, regulationolicies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govern the application, acceptance and use of Federal funds for this federally -assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence, Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination(Fqual Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs, 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 30. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97- 348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. FY06 Homeland Security Grant Program .., 36. As required by Ei*tive Order 12549, Debarment and Suseion, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR part 67, Section 67.510 A. The applicant certifies that it and its principals: a) Are not presently debarred, suspended. Proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State of Federal court, or voluntarily excluded from covered transactions by any Federal department or agency, b) Have not within 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are no 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 (d) have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; 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. 37. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug fee 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 prohibitions; b) Establishing an on-going drug-free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Mating 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) FY06 Homeland Security Grant Program d) N*mg the employee in the statement recd by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for violation of a criminal drug statue occurring in the workplace no later then 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 1. 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 2. 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). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 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: &4,— f Printed Name of Authorized Agent: f>,Q viD F i�®ff/ns Title: c/Ty Date: 'I -07 FY06 Homeland Security Grant Program 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 RAX www.sanjziancapistrano.org TRANSMITTAL TO Susie Cabrera Orange County Sheriffs Department Emergency Management 2644 Santiago Canyon Road Silverado, CA 92676 DATE: August 9, 2007 daft IMARIRARiFR mnwseto I 1961 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: 2006 Homeland Security Grant Program Purposes MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Enclosed are three (3) original agreements. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. Cc:. Michael Cantor, Senior Management Analyst Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future `J Printed on 100% recycled paper 0 i FY 2006 Homeland Security Grant Programs Transfer Agreement Letter Attached are four FY 2006 Homeland Security Grant Programs Transfer Agreements. Each has been signed by Sheriff Michael Carona. Below is a brief description of each item included in this packet. 1. Agreement to Transfer Property or Funds for the 2006 Homeland Security Grant Program Purposes. This agreement needs to be signed by an authorized agent and go to Council for execution by the City Clerk. This agreement encompasses the following grant programs: • 2006 State Homeland Security Grant Program (SHSO) • 2006 Law Enforcement Terrorism Prevention Plan (LETPP) • *2006 Metropolitan Medical Response System (MMRS) *Anaheim, Huntington Beach & Santa Ana only 2. Attachment A — FY 06 California Supplement to Federal Program Guidelines 3. Attachment B — Approved Project Description 4. Governing Body Resolution — This document needs to be executed by City Council naming one to three authorized agents. Authorized agents are allowed to sign documents on behalf of the city. 5. Office of Homeland Security Grant Assurances — This document needs to be signed by one of the authorized agents that are named in the Governing Body Resolution. 6. Please return three originals by 762 Please mail original documents to: Orange County Sheriff's Department Emergency Management — Susie Cabrera 2644 Santiago Canyon Road Silverado, CA 92676 714-628-7051 111171; J (!�Zpcwri C it9�Ti�/U $/7/2007 AGENDA REPORT pg TO: David F. Adams, City Manager 9 FROM: IMichael Cantor, Senior Management Analyst SUBJECT: Consideration of Fiscal Year 2006 Homeland Security Grant Programs Transfer Agreement RECOMMENDATION: By motion, approve the Fiscal Year 2006 Homeland Security Grant Programs Transfer Agreement. SITUATION: The Federal Department of Homeland Security processes grants to jurisdictions throughout the year. The Orange County Sheriffs Department Emergency Management is requesting that the City of San Juan Capistrano City Council approve documents that would allow the transfer of equipment, training programs and/or funds that would support homeland security in the City of San Juan Capistrano. The main agreement (Attachment 1) encompasses the following grant programs: • 2006 State Homeland Security Grant Program • 2006 Law Enforcement Terrorism Prevention Plan The Office of Homeland Security Grant Assurances (Attachment 2) is requested each year as part of the grant package. The Governing Body Resolution (Attachment 3) is required as part of the grant package. This document was updated and approved by the City Council on August 1, 2006. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: Not Applicable. Agenda Report • Page 2 August 7, 2007 NOTIFICATION: Not Applicable. RECOMMENDATION: By motion, approve the Fiscal Year 2006 Homeland Security Grant Programs Transfer Agreement. Respectfully submitted, Michael Cantor Senior Management Analyst Attachments: 1. Agreement to Transfer Property or Funds for 2006 Homeland Security Grant Program Purposes 2. Office of Homeland Security Grant Assurances 3. Governing Body Resolution 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 0 0 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2006 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this day of 200_, which I date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and a (municipal corporation/special district/not-for-', profit corporation), hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security, to enhance county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 06 CA Supplement to Federal Program Guidelines) and B (2006 Project Matrix) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to perform such other grant functions, if any, for which Attachments A and B permit SUBGRANTEE to ATTACHMENT 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 9M 0 expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized agent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant funds only for those purposes permitted under the terms of the grant, and shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and repairs for said equipment as are necessary, in order to keep said equipment in continually good working order. Such maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for material and labor costs for any maintenance and repair of the said equipment throughout the life of the said equipment. 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies and/or services to include but not limited to upgrades, licenses and renewals of said equipment, technologies and/or services. 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded equipment only in accordance with the instructions of COUNTY. 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A and B hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A and B hereto. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A and B hereto. SUBGRANTEE shall notify COUNTY 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 0 0 immediately upon discovery that it has not abided or no longer will abide by any applicable provision Attachments A and B hereto. H 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 I 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 and B 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 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 and B hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. 1n the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 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 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A and 11 Fierao; ani sliiail-h6t-he-considercd officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 5//0 200 APPROVED AS TO FORM: COUNTY COUNSEL By' u (X _ Nicole A. Sims, Deputy DATED: 2006 By John Shaw, City Attorney 0r7 DATED: I ATTEST: COUNTY OF ORANGE, a political subdivision of the State of California By By City Clerk Margaret R. Monahan I DATED: 12007, Sheriff -Coroner "COUNTY" SUBGRANTEE By: Sam Allevato, Mayor City of San Juan Capistrano 0 0 Attachment 0 • C� Governor's Office of Homeland Security FY06 Homeland Security Grant Program California Supplement to Federal Program Guidance and Application Kit Apri13, 2006 0 0 Table of Contents Foreword: Director's Message..............................................................................................................4 ChapterOne............................................................................................................................................5 Overview.............................................................................................................................................5 Inthis Chapter.................................................................................................................................5 Federal Program Guidance and Updates........................................................ Purpose of the California Supplement to the Federal Program Guidance..... Purpose of the Homeland Security Grant Program ........................................ Eligible Subgrant Recipients and Allocations ............................................... When are the applications due?...................................................................... State Contact Information.............................................................................. ChapterTwo..................................................................................................................... State Policies and Requirements.................................................................................. Inthis Chapter.......................................................................................................... Approval Authority Body - SHSP and LETPP ONLY ............................................ Allocations by Discipline - SHSP ONLY................................................................ Allocations by Program Activity............................................................................. Governing Body Resolution.................................................................................... GrantAssurances..................................................................................................... California Public Records Act................................................................................. Exercises.................................................................................................................. Tnfnn nfinn Analveic Post Award Modifications.................................................. Subgrantee Performance Reports ........................................ Monitoring Subgrantee Performance .................................. Suspension or Termination ................................................. Closeout .......... ..5 ..6 .................6 .................6 .................6 WA 8 .................... 8 ............12 ................12 ..................................12 ChapterThree........................................................................................................................ ProgramChanges.............................................................................................................. Inthis Chapter............................................................................................................... ProgramChanges.......................................................................................................... NationalInitiatives........................................................................................................ Operational Costs and Border Security......................................................................... Personnel Costs .......................................................................................... Management and Administrative Costs.................................................................................. Advances and Interest Earned on Advances........................................................................... Payment Request Process....................................................................................................... Non-G&T Developed Courses................................................................................................ Authorized Equipment List and Equipment Purchase Assistance Program ........................... Construction and Renovation.................................................................................................. UASI...........................................................................................................19 WARS...........................................................................................................................................19 CCP...............................................................................................................................................19 CCP, continued...............................................................................................20 StateAgencies..................................................................................................21 Ports.............................................................................................. . .............22 FY06 Homeland Security Grant Program Table � ��n Contents ontents ChapterFour ......................................................................................................................................... 23 Application........................................................................................................................................ 23 Inthis ..^~—...^......`.......---.`.—.`.~—.-.........,_.....—..._-23 State Required Application Components `...-..^_._.—.......^.........^.~....—...~..23 Appendix A^ Subgrantee Al\uuutiuoe~...~.-~..,—`......—....~..~^..,...-~.26 Appendix]3^Forms .............................................................................................. ? Appendix C`Goals and Objectives ............................................................................ 5l PY86Homeland Security Grant Program 0 0 Foreword: Director's Message The Governor's Office of Homeland Security (OHS) is pleased to release the FY2006 Homeland Security Grant Program (HSGP) guidance. Along with its introduction are several important changes to the grant process beginning this year. First, subgrantees will need to prioritize their expenditure of funds in meeting homeland security goals and objectives. Funds not utilized in a timely fashion will be reallocated to those agencies or jurisdictions with a demonstrated need and use of the grant award. Second, all applications must include a ten (10) percent allotment for training purposes, specifically on equipment that was purchased and successful courses that have been developed. As you review this Grant Guide, you will note some variations from prior years which attempt to incorporate the core United States Department of Homeland Security (DHS) Office of Grants and Training (G&T) programs into a unified process which seeks to: • Employ a risk and need -based allocation process; • Provide funding to build and sustain capabilities in support of the National Preparedness Goal and National Priorities; • Allow flexibility at State and Local level to support Goal implementation; and • Clearly articulate the differences between the component grant programs. The federal DHS has consolidated the administration of five (5) programs into one (1) application package and the California OHS has followed this direction as well. With this Grant Guide and Application Kit you will be able to apply for these distinct programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), Law Enforcement Terrorism Prevention Program (LETPP), Metropolitan Medical Response System (MIvIlRS), and Citizen Corps Program (CCP). Additionally, State Agencies and Port Districts shall also be eligible to apply for FY06 funding via this application process. The prevention of a terrorist attack is the number one priority for the OHS and is based on public safety partnerships in information sharing at the local and regional level. To compliment federal efforts, California has created four (4) mutually supporting Regional Terrorism Threat Assessment Centers (RTTAC) aligned with the four (4) Federal Bureau of Investigation (FBI) Field Offices in the state (San Diego, Los Angeles, San Francisco, and Sacramento), as well as the State Terrorism Threat Assessment Center (STTAC), all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL JRIES). Agencies currently participating are encouraged to sustain their commitment to their regional RTTACs, to CAL JRIES, and to the Terrorism Liaison Officers (TLOs) concept of individuals trained in the review and assessment of local reporting, and agencies not participating are encouraged to join. We look forward to your continued collaboration towards our homeland security strategy and our efforts in protecting California. Through the joint development of the state's Enhancement Plan and Investment Justifications, we will work together towards achieving the four (4) mission areas of the National Preparedness Goal: prevent, protect, respond, and recover. MATTHEW R. BETTENHAUSEN Executive Director Governor's Office of Homeland Security FY06 Homeland Security Grant Program 9 Overview Chapter One In this Chapter This chapter contains the following topics: 0 • Federal Program Guidance and Updates • Purpose of the California Supplement to the Federal Program Guidance • Purpose of the Homeland Security Grunt Program • Eligible Subgrant Recipients and Allocations • When are the Applications Due? • State Contact Information. Federal The U.S. Department of Homeland Security (DHS) published the FY 2006 Program Homeland Security Grant Program, Program Guidance and Application Kit, Guidance and on December 2, 2005. Revision pages were issued on January 3, 2006. Updates The Guidance and Application Kit may be obtained at http://www.oiy.eov/odp/docs/fy2006hsep.pddf . The U.S. DHS periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which they administer. DHS's Information Bulletins can be found at http://www.oiv.usdoi.gov/odp/does/bulletins.htrn . Bulletins specific to the TT Y 06 Homeland Security Grant Program: • Information Bulletin # 202— February 8, 2006 Application Review and Scoring Approach for Fiscal Year (FY) 2006 Homeland Security Grant Program - PD • Information Bulletin # 201— February 3, 2006 FY 2006 Allocation Amounts: Emergency Management Performance Grant (EMPG), Metropolitan Medical Response System (MMRS), and Citizen Corps (CCP) - PDF • Information Bulletin # 200 —January 3, 2006 Updated Information about the Urban Areas Security Initiative (UASI) and the Fiscal Year (FY) 2006 Homeland Security Grant Program (HSGP) Program Guidance and Application Kit - PDF (Attachments: Program Guidance and Application Kit) • Information Bulletin # 199 — December 20, 2005 Responding to Inquiries about Fiscal Year (FY) 2006 Homeland Security Grant Program (HSGP) Application Submissions - PDF • Information Bulletin # 198 — December 2, 2005 Department of Homeland Security (DHS) Fiscal Year (FY) 2006 Homeland Security Grant Program (HSGP) Program Guidance and Application Kit - PDF FY06 Homeland Security Grant Program Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by the United States Supplement to Department of Homeland Security's (DHS), Office of Grants and Training, the Federal The Supplement will emphasize differences between the FY 05 and FY 06 Program Homeland Security Grant Programs, and will include additional CaliforniaGuidance policies and requirements applicable to FY 06 HSGP. Purpose of the The U.S. Department of Homeland Security, through the Office of Grants and Homeland Training, is providing funding to California to enhance the ability of the state, Security Grant urban areas, local jurisdictions, to prevent, deter, respond to and recover from Program threats and incidents of terrorism. Eligible Eligible subgrant recipients, referred to as subgrantees, differ for each Subgrant program. Generally, eligible subgrant recipients will remain the same as in Recipients and FY 05. Subsequent to DHS's announcement of funding to California on May Allocations 31, 2006, additional subgrantee and allocation information will be made available. NOTE: All subgrantees are encouraged to coordinate with Tribal Governments to ensure that Tribal needs are considered in the subgrantees' applications. NOTE: Subgrantees may contract with any other public or private organization to perform eligible activities on approved projects. When are the Completed applications are due no later than Friday, June 30, 2006. Only Applications applications postmarked by the due date will be accepted. Additional Due? information will be requested or accepted from subgrantees at the sole discretion of the Governor's Office of Homeland Security (OHS). Applications lost in transit are the responsibility of the applicant and will not be considered for funding. The mailing address for all applications is: Governor's Office of Homeland Security ATTN: Grant Management Section State Capitol Sacramento, CA 95814 Continued on next page FY06 Homeland Security Grant Program 0 0 State Contact All subgrant related questions, comments and correspondence should be Information directed to the state contacts listed below: Governor's Office of Homeland Security ATTN: Grants Management Section State Capitol Sacramento, CA 95814-4900 (916)324-8908 (916)323-9633 Fax htto://www.hQmeland.ca.g_ov/grants.html Regional Map and Contact Info http://www.homeland.ca.goy/pdf/man.pdf Governor's Office of Homeland Security Website httn://www.homeland.ca.gov/ Office for Domestic Preparedness Secure Portal httns://odp.esportals.com/index.efin To obtain access to the ODP Secure Portal please contact BJ Bjornson, Secure Portal Administrator, Office of Homeland Security, Training and Exercise Program (T&E). winfield.biornson(d,us.army.mil (916) 826-4488 Office for Domestic Preparedness, Grant Reporting Tool (GRT) httys://www.rtvortirig.odi).dhs.gov FY06 Homeland Security Grant Program 11 Chapter Two State Policies and Requirements In this Chapter This chapter contains the following topics: • Approval Authority Body - SHSP and LETPP ONLY • Allocations by Discipline - SHSP ONLY • Allocations by Program Activity • Governing Body Resolution • Grant Assurances • California Public Records Act • Exercises • Post Award Modifications • Monitoring Subgrant Performance • Suspension or Termination • Closeout Approval Operational Areas must appoint an Anti -Terrorism Approval Body (Approval Authority Body Authority) to have final approval of the OA's application for SHSP and - SHSP and LETPP funds. The Approval Authority shall consist of the following LETPP ONLY representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the Operational Area Fire Chiefs) • County Sheriff • Chief of Police (selected by the Operational Area Police Chiefs) Each member of the Approval Authority must provide written agreement with the OA's application for SHSP and LETPP funds. NOTE: A list of the Approval Body members, and associated contact information, must be submitted with the FY 06 HSGP application. Continued on next page FY06 Homeland Security Grant Program State Policies and Requirements, continued Allocations by Operational Areas must allocate SHSP funds as follows: Discipline - SHSP ONLY • Fire services - 20% • Police services - 20% • Emergency medical services - 20% • All other disciplines (discretionary) - 40% NOTE. The Approval Authority may change the allocation percentages with a 4/5th vote. Allocations by Generally, there are no state restrictions or preferences on how subgrantees Program allocate funds across eligible program activities. Activity However, not less than ten percent (10%) of all subgrantee applications must be allocated to Training activities. Governing The Governing Body Resolution appoints agents authorized to execute any Body actions necessary for each application and subgrant. Resolution NOTE. All applicants will be required to submit a new Governing Body Resolution with their FY 06 HSGP application. A sample Resolution can be found in Appendix B- Forms. Grant The Grant Assurances form lists the requirements to which the subgrantees Assurances will be held accountable. NOTE., All applicants will be required to submit new Grant Assurances with their FY 06 HSGP application. A sample Assurances form can be found in Appendix B - Forms. Continued on next page FY06 Homeland Security Grant Program 0 State Policies and Requirements, Continued 0 California The details of any application, modification, report, and payment request will Public Records be subject to the provisions of the California Public Records Act Act (Governmental Code Section 6250 et seq.). This means that all, or part, of the information provided to the state may be publicly disclosed. While the state will make every effort to protect sensitive information, it is imperative that information provided to the state does not contain information that constituent jurisdictions or agencies believe are confidential. The applicant's and subgrantee's failure to protect such information from disclosure may jeopardize the safety and security of the people of the State of California. For example, do not specifically identify potential targets, locations, and their vulnerabilities if this information is not already public knowledge. While bridges and shopping malls are well known targets, key distribution points of petroleum products and data storage facilities are not. Applicants and subgrantees should prepare and submit information to the state with the expectation that it may be made publicly available. If there are any questions about the inclusion of sensitive information in any information provided to the state, contact the Governor's Office of Homeland Security (OHS). Exercises Subgrantees must conduct threat- and performance-based exercises in accordance with G&T's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Once an exercise paid for with grant funds has been scheduled, subgrantees must notify the Office of Homeland Security, Training and Exercise Program (T&E) of the exercise date, time, location, and point of contact information. ME will maintain a web -based master schedule of all exercises occurring throughout the state, to increase communication and coordination of all exercises. Exercise After Action Reports (AAR) and Improvement Plans (IP) must be provided to G&T within 60 days following the completion of each exercise. Delivery to G&T is accomplished by posting the AAR and IP in the appropriate portion of the G&T secure portal. ME is the subgrantee's point of contact for exercise related issues and questions. Subgrantees may contact the T&E at (916) 826-4488, or by e-mail to winfield.biomson(&,us.armv.mil . FY06 Homeland Security Grant Program 0 0 Continued on next page FY06 Homeland Security Grant Program Information Analysis Regional Governor Schwarzenegger has emphasized that prevention of a terrorist attack must Terrorist be the number one priority for the Office of Homeland Security (OHS). As a major Threat part of the prevention component of California's Homeland Security Strategy, our Assessment plan to detect, deter and prevent terrorism in California is based on public safety Center partnerships in information sharing and at the regional and local level. These , (RTTAC) partnerships bring together federal, state and local law enforcement agencies, and their respective law enforcement, public safety and criminal information systems, including those of the U.S. Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI). To compliment federal efforts, California has created four mutually supporting Regional Terrorism Threat Assessment Centers (RTTACs), aligned with the four FBI Field Offices in the state (San Diego, Los Angeles, San Francisco and Sacramento), and a State Terrorism Threat Assessment Center (STTAC), all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL JRIES). State The State Terrorism Threat Assessment Centers (STTAC) is a partnership of the Terrorism California Department of Justice, the California Highway Patrol and the California Threat Office of Homeland Security (OHS), with representation of allied state and federal Assessment agencies. The State Center is designed to provide California's senior leaders with Center real time situational Awareness of identified threats, visibility of and coordination (STTAC) with the critical infrastructure of the state, and constant access to the latest local, state and national information analysis products and to maintain strategic assessments of threats that can affect California. Terrorism The RTTACs develop a regional threat assessment picture, have analytical functions Liaison and directly connect the state and federal systems to share information and produce Officer assessments, reports and other threat and warning products. At the local level law (TLO) enforcement and public safety agencies designate Terrorism Liaison Officers (TLOs) who are trained in the review and assessment of local reporting and in conducting outreach to other public safety agencies, critical infrastructure operators and community groups. The TLO is the local agency point of contact for all terrorism - related alerts, requests for information, warnings and other notifications from regional, state or federal homeland security agencies. The TLOs review local agency reports, manage local reporting and initiate or respond to requests for information. Through the single web -based state terrorism website contained in CAL JRIES, the TLOs and their agency have access to all available terrorisms alerts, notices, information and documents with searchable databases. The California threat assessment system not only serves to protect California, it also fully compliments and serves the needs of both the FBI and DHS, providing access to information from the local police officer to national analyst and investigator, all sharing access to information and sharing relevant products to ensure better safety for our state and nation. The system is fully compatible with the National Criminal Information Sharing Plan from the U.S. Deparmrent of Justice, and our regional information sharing strategy is the largest and most comprehensive in the nation. Agencies currently participating in our state system and encouraged to sustain their commitment to their regional RTTACs, to CAL JRIES and to the TLO concept, and agencies not yet participating are encouraged to join. Information regarding the Regional Terrorism Threat Assessment Center supporting your jurisdiction can be obtained from OHS by contacting us at IAaohs.caeov, or referring to our website for information directing you to the respective supporting RTTAC. Continued on next page FY06 Homeland Security Grant Program 0 0 State Policies and Requirements, Continued Post Award Post award budget, scope and time modifications must be requested using the Modifications OHS Financial Management Forms Workbook, by the subgrantee's Authorized Agent, and submitted to the subgrantees Program Representative in the Grant Administration Unit at the Governor's Office of Homeland Security. Upon approval the subgrantee will be instructed to make the required changes in the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov . The subgrantee may implement the modifications, and incur associated expenses, after receiving written final approval of the modification from the State. NOTE: Modifications can be requested once per quarter during the. grant performance period. Failure to submit modification requests, and receive written approval prior to expenditure, could result in a reduction or disallowance of that part of the grant. Subgrantee Subgrantees must prepare and submit performance reports to the state for the Performance duration of the grant performance period, or until all grant activities are Reports completed and the grant is formally closed. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.reporting.odn.dhs.gov , and will also be required to submit additional information and data requested by the state. Failure to submit performance reports could result in grant reduction, termination or suspension. Monitoring The state is currently conducting a program of sub -grantee monitoring. The Subgrantee monitoring will be conducted on the subgrantees administrative, Performance 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: — Grant Assurances. — Information provided on performance reports and payment requests. — Needs and threat assessments and strategies. Continued on next page FY06 Homeland Security Grant Program 0 0 State Policies and Requirements, continued Suspension or The State may suspend or terminate subgrant funding, in whole or in part, or Termination other measures may be imposed for any of the following reasons: • Failing to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failing to comply with the requirements or statutory objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. • Filing a false certification in the application or other report or document. Before taking action, the state will provide the subgrantee reasonable notice of intent to impose measures and will make efforts to resolve the problem informally. Closeout The State will close a subgrantee award after: • Receiving a subgrantee Performance Report indicating that all approved work has been completed, and all funds have been disbursed; • Completing a review to confirm the accuracy of reported information; and, • Reconciling actual costs to awards, modifications and payments. If the closeout review and reconciliation indicates that the subgrantee: is owed additional funds, the state will send the final payment automatically to the subgrantee. did not use all funds received, the state will issue an Invoice or Grant Modification letter to recover unused funds. In the Grant Closeout letter, the state will notify the subgrantee of the start of the record retention period for all programmatic and financial grant related records. NOTE. Failure to maintain all grant records for the required retention period could result in a reduction of eligible grant activities, and an invoice to return costs associated with the unsupported activities. FY06 Homeland Security Grant Program 0 Chapter Three Program Changes In this Chapter This chapter contains the following topics: 0 • Program Changes • National Initiatives • Operational Costs and Border Security • Personnel Costs • Management and Administrative Costs • Advances and Interest Earned on Advances • Payment Request Process • Non-G&T Developed Courses • Authorized Equipment List and Equipment Purchase Assistance Program • Construction and Renovation • UASI • MMRS • CCP • State Agencies • Ports Program The FY06 Homeland Security Grant Program (HSGP) contains many changes Changes from the FY 06 program. Subgrantees should carefully read the following items to understand all FY 06 HSGP requirements, guidelines and changes: • U.S. DHS Program Guidance and Application Kit httn://www.oip.gov/odp/docs/fv2006hsgp.pdf • Associated DHS Information Bulletins http://www.oii).usdoi.gov/odp/docs/bulletins.htm • California Supplement to Federal Program Guidance and Application Kit htti)://www.homeland.ca.gov/grants.html The remainder of this chapter is devoted to selected items that have changed from FY 05 HSGP. Continued on next page FY06 Homeland Security Grant Program 0 0 Program Changes, Continued National National Initiatives include: Initiatives • Implementing the National Incident Management System (NIMS) • Implementing Homeland Security Presidential Directive (HSPD 8) • Implementing the National Response Plan (NRP), including the Catastrophic Incident Response Annex (CIRA) to the NRP • Achieving tactical interoperable communications • Institutionalizing awareness training • Public awareness and citizen participation FY06 Homeland Security Grant Program Operational The federal DHS now allows up to 25% of the UASI and LETPP funds to be Costs and used for certain operational expenses. See the U.S. DHS Program Guidance Border Security and Application Kir, for a full description of allowable Operational costs. Additionally, UASI and LETPP funding may be used for certain operational costs in support of federal agencies for increased border security. See information bulletin below for additional information on "Operation Stonegarden". Information Bulletin # 204 — March 20, 2006 Operation Stonegarden - PDF (Attachments: ACPA Contact Info list.xis) Personnel Hiring, overtime, and backfill expenses are allowable only to perform Costs programmatic activities deemed allowable under existing guidance. Supplanting, however, is not allowed. Up to 15% of programmatic spending may be used to support the hiring of full or part-time personnel to conduct program activities that are allowable under the entire FY 2006 HSGP (i.e., planning, training program management, exercise program management, etc). Grantees may request that. DHS issue a waiver to increase that ceiling. Waiver decisions are at the discretion of DHS and will be considered on a case-by-case basis. The ceiling on personnel costs does not apply to contractors, and is in addition to eligible M&A costs and eligible hiring of intelligence analysts. Grantees may hire staff only for program management functions not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. Grant funds may not be used to support the hiring of sworn public safety officers to fulfill traditional public safety duties. Management The federal DHS has increased the subgrantee Management and and Administrative (M&A) allowance to a maximum of 3% of their subgrant on Administrative all FY 06 HSGP programs. Costs Conhnued on next page FY06 Homeland Security Grant Program 0 0 Program Changes, Continued Advances and The U.S. Department of Homeland Security allows subgrantees to request FY Interest Earned 06 HSGP funds up to 120 days prior to expenditure/disbursement, or on a on Advances reimbursement basis. The federal guide 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 grantees Program Representative in the Grant Administration Unit at the Governor's Office of Homeland Security, of any interest returned on program funds. Payment To request advance or reimbursement payment of FY 06 HSGP funds, Request complete a payment request form using the OHS Financial management Process Forms Workbook and return it to the appropriate Program Representative in the Grant Administration Unit at the Governor's Office of Homeland Security. OHS Financial Management Forms Workbook V 1.2 htto://www.homeland.ca.gov/vrants.html NOTE. Payments can only be made if the subgrantee has an approved application, valid Governing Body Resolution and valid Grant Assurance form. Non-G&T When seeking DHS approval of non-G&T developed courses, the most Developed notable changes: Courses Course materials must be submitted with the approval request; and, Conditional approvals are no longer offered. The Office of Homeland Security HSTEEP will release additional training related information at a later date. Continued on next page FY06 Homeland Security Grant Program 0 Program Changes, Continued Authorized The Authorized Equipment List (AEL) may now be found on the web at Equipment List htttv://www.rkb.mipt.org. and Equipment Purchase The federal Department of Homeland Security's Equipment Purchase Assistance Assistance Program (EPAP)* allows grantees access to the Defense Logistics Program Agency's (DLA) "prime vendors". California has established an on-line purchase process with Fisher Safety, a DLA prime vendor that will allow subgrantees access to the EPAP. Benefits of the program include shorter procurement lead time, online ordering and a diverse inventory of products. However, Fisher Safety may not carry all items on the AEL and standard subgrantee procurement processes should be followed to obtain those items. Subgrantee participation in EPAP is voluntary. Expansion of this program to prior year Homeland Security and Urban Areas grants is under consideration. Subgrantees must submit an Equipment Inventory from the OHS Financial Management Workbook with their application package. The Workbook is available at hLtp://www.homeland.ca.gov/grants.html, and indicates, by project and funding source, the value of equipment purchases to be made through Fisher Safety, or through the subgrantee's standard procurement processes. Subgrantee funds committed to Fisher Safety will be paid by the state, directly to DLA, upon Fisher Safety's notification that subgrantee ordered equipment has been shipped. Consequently, the funds committed to Fisher Safety will not be available for subgrantees to request as either an advance or reimbursement payment. To view Prime Vendor pricing on the Quartermaster website and try out the site without placing an order. 1. Go to Fisher Safety's website www.fishersafetv.com 2. Under the username enter "caprimevendor" 3. Under the password type "california" in lowercase. 4. Common reimbursable products can be view by SEL/AEL categories under the Hotlist link in the top right corner 5. All Products can be found in Search by typing in part numbers, descriptions, and manufacturer's names. Search will show all items in Fisher's system but will highlight the reimbursable ones with a small green "P" and labeled CA OHSIOES reviewed item. If anyone requires any additional help, the can call our Quartermaster Hotline 1-888-764-3572 or email us at CS.Ouartermaster(a,fishersci.com. FY06 Homeland Security Grant Program Construction Use of FY 06 funds for construction and renovation is generally prohibited, and Renovation however with written approval by the Assistant Secretary for the Office of Grants and Training, up to $.1.0 million may be used for construction. NOTE: Written approval must be provided by DHS prior to the use of any FY 06 funds for construction or renovation. This includes the allowable exceptions noted in the federal Guidance. UASI UASI changes include the: • DHS consolidated San Jose, Oakland and San Francisco into one Urban Area. • DHS consolidated Los Angeles and Long Beach into one Urban Area. • DHS consolidated Santa Ana and Anaheim into one Urban Area. • DHS authorized both San Diego and Sacramento for sustainment funding only. If the DHS risk score associated with each of these cities does not increase then they will not be eligible for future UASI funding. MMRS The most notable change for Metropolitan Medical Response System (MMRS) is that, in past years, this was a direct grant from the federal government to the local jurisdiction. Starting with FY 06, MMRS is now granted to the state and the state, in turn, subgrants to cities pre -selected by DHS. CCP In FY06, California received a CCP allocation of approximately $1.5 million. Because of the small dollar amount of these grants, DHS has removed the 80% minimum pass-through requirement that it normally places on awards to the state. The emphasis on Citizen Corps Program (CCP) elements -- such as developing and utilizing Citizen Corps councils and programs to increase citizen participation and training -- has been significantly increased at the federal level across all six HSGP initiatives and as such should be funded through these initiatives. To that end, the federal DHS has repeatedly emphasized that the involvement of citizens should be incorporated into all facets of homeland security. This marks a significant change from earlier years when all citizen -based activities were funded out of a single set-aside grant — the Citizen Corp Program. DHS is emphasizing that citizen involvement should be a critical consideration in all HSGP grant programs. The California Service Corps, which manages California's Citizen Corps Program, will utilize the state's allocation to develop statewide initiatives, programs and projects that have benefit for all local units of government. The CSC will work to strengthen Citizen Corps Program implementation at the state and local level. The CSC will support numerous statewide initiatives, programs and projects to include: FY06 Homeland Security Grant Program 0 0 Program Changes, Continued CCP, continued ■ Sponsoring statewide/regional conferences, workshops and exercises for council and program coordinators and their volunteers; ■ Supporting Community Emergency Response Team (CERT) T -T -T and CERT T-4 Program Manager's Academy training; ■ Conducting statewide and regional CCP marketing campaigns; • Increasing staff support to all Citizen Corps programs — CERT, Volunteers in Police Service, Medical Reserve Corps, Fire Corps, and the Neighborhood Watch Program; ■ Developing new resources for Citizen Corps councils and programs; • Developing new courses for emergency managers as well as Citizen Corps and national service programs; ■ Offering guidance, technical assistance, training and support to local councils and programs; ■ Supporting ongoing coordination of state working groups to advance the field; ■ Developing SEMS/NIMS guidance for integrating Voluntary, Volunteer, and Service organizations in all hazard preparedness, response and recovery activities; ■ Providing basic and advanced Volunteer Management Plan development training for OA partnerships; • Coordinating the role of Voluntary, Volunteer and Service Organizations in the state's Golden Guardian Exercise; • Developing state, regional and local VOAD (Voluntary Organizations Active in Disasters) capacities and capabilities; and, • Ensuring increased state coordination in time of major disaster by supporting the state and local Volunteer Management function. The involvement of citizens into preparedness and response activities cannot be separated from the full homeland security planning process. This is strongly emphasized in a number of the upcoming federal initiatives. California encourages its Citizen Corps councils and programs to work collaboratively to increase the level of preparedness of its most underserved communities. In accordance with the DHS policy of full integration of citizen -based programs into the various federal programs and initiatives, Operational Areas are encouraged to continue their citizen -based programs and use available FY06 funds from the other HSGP programs. Each OA should further integrate citizen -based activities across the entire HSGP and fund its citizen - based programs in a manner appropriate to achieve local, state and national priorities. Given the federal requirements for citizen -based involvement, adequate allocations are critical for both continuity of these programs and achievement of the objectives in the National Preparedness Goal. FY06 Homeland Security Grant Program 0 State Agencies n U Which State Organizations Any state agency, department, commission, board, etc., may apply for FY may Apply? 2006 Homeland Security Grant Program (HSGP 06) funding, as long as the organization: • Has, or can obtain, appropriate state Department of Finance budget authority for awarded funds; and, • Will comply with all grant requirements contained in the federal and state grant guidance documents, and in the Grant Assurances form. Who may sign the The application cover sheet must be signed by the highest -level person at the Application? state organization, or their designee. If a designee, the highest -level person at the state organization must execute and submit a Signature Authority form with the Application Package. NOTE: The requirement for the creation of an Approval Authority Body, and that the Body must use a 20/20/20/40 funding distribution model does not apply to state organizations. For which State organizations may apply for State Homeland Security Program (SHSP), Programs may Law Enforcement Terrorism Prevention Program (LETPP) and Urban Areas State Security Initiative (UASI) funding under FY 06 HSGP. Organizations Apply? What are the State Priorities While the State Homeland Security Strategy broadly describes goals, for FY 06 objectives and implementation steps, the state's priorities for FY 06 HSGP HSGP? are: (I ) 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 If OHS receives applications for more funds than are available, projects will be approved in accordance with the preceding list of priorities. If a state organization applies for any of the UASI state allocation, the funds must be used to directly support one or more pre -selected urban area(s). The application's UASI project description must describe the project AND identify the urban area(s) that will be supported by the project. FY06 Homeland Security Grant Program Ports Federal The FY 2005 DHS Appropriations Act provides funds for a competitive grant Program program to address physical security enhancements for critical national seaports. A priority for the Port Security Grant Program (PSGP) in FY 2005 is risk-based distribution of funding. As part of this focus on risk, the FY 2005 PSGP will direct the available funds to the Nation's highest risk ports, thereby ensuring federally regulated ports, terminals and U.S. inspected passenger vessels receiving the funds represent assets of the highest strategic importance nationally. To identify the most at -risk seaports, G&T worked with the United States Coast Guard and DHS Infrastructure Directorate, Risk Management Division (RNID) to develop the following risk formula: Risk = Consequence X Vulnerability X Threat The elements of each risk factor included: • Consequence —people, economic, national security, port -specific special considerations (hazardous materials, oil); Vulnerability — distance from open water, number of port calls, presence of tankers; and, • Threat — credible threats and incidents (intelligence community, USCG, less credible threats and incidents (operational indicators), vessels of interest. The Nation's 129 largest volume ports were evaluated using this formula. Based on this risk-based evaluation, 11 port areas have been identified for inclusion in the FY 2005 PSG Program. State Program Subsequent to the DHS announcement of grant funding on May 31, 2006 the Governor's Office of Homeland Security may make funding available to Port Authorities statewide from it's FY 06 HSGP grant award. The use of these additional funds will be restricted to Physical Security Enhancement Equipment, CBRNE Logistical Support Equipment, Terrorism Incident Prevention Equipment, Interoperable Communications Equipment, Detection Equipment, Personal Protective Equipment and Training. FY06 Homeland Security Grant Program • Applications Chapter Four In this Chapter This chapter contains the following topics: • Homeland Security Grant Program Application • Regional Approach • State Required Application Components • Regional Approach • When are Applications Due? • Application Approvals 11 Homeland The Fiscal Year 2006 Homeland Security Grant Program (FY 06 HSGP) Security Grant integrates the following five programs into a single application: Program Application 1. State Homeland Security Program (SHSP 06) 2. Urban Areas Security Initiative (UASI 06)* 3. Law Enforcement Terrorism Prevention Program (LETPP 06) 4. Citizen Corps Program (CCP) 5. Metropolitan Medical Response System (MMRS 06) Also included in the California Supplement for FY 06 is the State Agency and Ports application process. Continued on next page FY06 Homeland Security Grant Program State Required A completed application will include all of the following components. Application Components Application Cover Sheet with appropriate signatures: - Subgrantee Authorized Agent for all applications - Approval Authority Body for SHSP and LETPP applications - Core city AND core county for UASI applications Approval Authority Body member information: - Name - Title - Discipline Represented - Mailing Address - Office Phone Number - Cell Phone Number - Fax Number - E -Mail Address Completed OHS Financial Forms Workbook V 1.2 - Project Ledger - Project Description - Project — A thru T - Investment Justification — Goals and Objectives - Project Description - Need for project - Status of Project - Equipment Inventory Ledger - Training Roster - Exercise Roster - Authorized Agent form a Project Description for State Agencies and Ports The required application forms can be found in Appendix B - Forms The Financial Management Forms Workbook V 1.2 can be found at http://www.homeland.ca.gov/arants.html NOTE: Subgrant awards will not be made until all required application components have been approved by the state. Regional Subgrantees must take a regional approach when determining the best use of Approach FY 06 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 06 HSGP application. FY06 Homeland Security Grant Program 0 0 When are the Completed applications are due no later than Friday, June 30, 2006. Only Applications applications postmarked by the due date will be accepted. Additional Due? information will be requested or accepted from subgrantees at the sole discretion of the Governor's Office of Homeland Security (OHS). Applications lost in transit are the responsibility of the applicant and will not be considered for funding. The mailing address for all applications is: Governor's Office of Homeland Security ATTN: Grant Management Section State Capitol Sacramento, CA 95814 Application The subgrantee will receive written notice of the state's approval of the Approval subgrant application. FY06 Homeland Security Grant Program a • Appendix A Subgrantees and Allocations Subgrantee and Allocation information will be released after May 31, 2006. FY06 Homeland Security Grant Program Appendix B FY06 Homeland Security Grant Program 0 Appendix B - Forms This appendix contains all grant forms, including: n U • Application Cover Sheet - Operational Areas ➢ for use by Operational Areas that submit applications for any or all of the following programs: SHSP, LETPP • Application Cover Sheet - Operational Areas with MbIRS ➢ for use by Operational Areas that submit applications for any or all of the following programs: SHSP, LETPP, MMRS • Application Cover Sheet — UASI Jurisdictions ➢ for use by Cities that submit applications for UASI funds • Approval Authority Body member information ➢ must be submitted by Operational Areas that submit applications for SHSP, LETPP funds • SAMPLE Governing Body Resolution — for OA's and UASI's • Application Cover Sheet—State Organizations ➢ for use by State Organizations ➢ SAMPLE - Signature Authority - for State Organizations • Application Cover Sheet - Ports ➢ for use by Port Authorities ➢ SAMPLE - Signature Authority — for Port Authorities • Grant Assurances — all applicants The Financial Management Forms Workbook V 1.2 can be found at htto://www.homeland.ca.gov/grants.html . FY06 Homeland Security Grant Program • i FY06 Homeland Security Grant Program Application Cover Sheet for Operational Areas with MMRS Allocations (Page 1 of 2) Applicant (county) County of Orange Authorized Agent Information: 2644 Santiago Canyon Road Mailing Address Silverado, CA 92676 City, State, Zip Code Maximum Amount Authorized SASP Amount Requested LETPP Amount Requested MNIRS Amount Requested Contact Information: Catherine Zurn, Captain Name/Title (714) 626-7194 Area Code/Office Telephone Number czurn@ocsd.org E -Mail Address $ 2,956,370 $ 2,281,269 696,990 $ 5,934,629 Total Amount Requested $5,934,629 E 0 FY06 Homeland Security Grant Program Application Cover Sheet for Operational Areas with N gYMS Allocations (Page 2 of 2) Applicant (county) County of Orange Statement of Certification - Approval Authority Body • SHSP and LETPP Only By signing below, I hereby certify that the Operational Area's application represents the Approval Authority Body's consensus on the Operational Area's FY 2006 Homeland Security Grant Program needs for the State Homeland Security Program and Law Enforcement Terrorism Prevention Program. Position/Designee County Public Health Officer County Fire Chief Municipal Fire County Sheriff Chief of Police Printed Name Dr. Hildy Meyers ael S. Carona Welter Title Public Health Officer ChieL Fire Authority Civet, Anaheim Police Dept Statement of Certification - County Authorized Agent - SHSP, LETPP, MMRS By signing below, I certify I am the duly appointed Authorized Agent and have the authority to apply for the F 006 Ha land Security Grant Program, and the Operational Area's application I-epresents g ue`ds fqr tic State Homeland Security Program. and Law Enforcement Terrorism Agent Sheriff -Coroner Title Wael arona P ate Attachment U) M L O) O C N O U C M E-3 C O 2 co O C) N vs c a t c R f 11 • w C O 0Q o� LL U- Nj F _ f!) M fA _ In i O O O KJ _E fn LL �ia° . 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(a �" 0 " 7 7 11 - _ L ... N O NaO. = m N m 0 cm - O > CUmAN .0 N 0 r CN pO ° M 'Cpcm? O O m@ OO. > m 9 uJ W - L0 lpm°U -= = d 00) Fy0t -Em � co a CD C ° 0 M Na)c oo m e y c o a �Ea U qU^ 2O y JID d h E0. A2 CDa) 2) E m M>m¢m `a •N a ca w 0) 'D a) LO m > m a) L mLI-L U p Y Om O. f- Ill $ F-• m > i d m 0 m R N U N m N m m `m m m ..� dfl1Y LL R E m Wj c y C do o m> m W 0 z Q V 0 m co F- Ii ¢ z a 0 § J ( cn E \ k \ \ to CL� \ \(D CD 3{ 22 co (D0 // ƒ JG E7$ cm /;k ( § §� ' o) \)ca .Lm {) §/) 0 ■ ❑ {ƒ) )/ ®°\}) \\ /�/ )\f _§ §e\ \\\\\M CM 2 a) a) ») 4E2 2 F- 0 cc� CL L � • Office of Homeland *UR Grant Assurances (All Applicants) Name of Applicant: <=17)e OF �i9NJ"✓.rN C-PIs7X4No Address: 3z 5,10O /`IASFo f%OEG4IV 710 city:.s4w�Tvw Cite57je4.vo Sate: CA Zip Code: 9,.?67S' Telephone Number. Fax Number: —38 7X E -Mail Address: Of ,041lf/.ST,7,4N0. OR 6r -- As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the. legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as maybe required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: FY06 Homeland Security Grant Program ATTACHMENT 2 a. Title VI A Civil Rights Act of 1964 (P.L. 88-352)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 sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§'523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental oT financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s) which may apply to the application. 8. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (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. 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 10. Will comply with environmental standards which may be prescribed pursuant to the following: A. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; B. notification of violating facilities pursuant to EO 11738; C. protection of wetlands pursuant to EO 11990; D. evaluation of flood hazards in floodplains in accordance with EO 11988; E. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); F. conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Au Act of 1955, as amended (42 U.S.C. § 7401 et seq.); G. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and FY06 Homeland Security Grant Program H. protectionodangered species under the EndangerOpecies Act of 1973, as amended, (P.L. 93-205). I. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code Regulations, Title 14, Chapter 3 Section 15000-15007. 11. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et. seq.) related to protecting components or potential components of the national wild and scenic rivers system. 12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 13. 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. 14. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: A. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. B. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. C. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 15. 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). 16. 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. 17. Will comply with P.L. 93=348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. 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. 19. 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, FY06 Homeland Security Grant Program hospitals, and oaon-profit organizations. 0 20. 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 IS 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. 21. 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." 22. 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 enVloyee of Congress, or an employee of a Member of Congress in connection with the malting of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; B. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 13 52, 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. 23. Agrees that equipment acquired or obtained with grant funds: A. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. B. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. C. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 24. 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. FY06 Homeland Security Grant Program 25. Will comply withopplicable Federal statutes, regulations* cies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govern the application, acceptance and use of Federal funds for this federally -assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence. Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 30. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97- 348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. FY06 Homeland Security Grant Program 36. As required by Ative Order 12549, Debarment and SusPIRion, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR part 67, Section 67.510 A. The applicant certifies that it and its principals: a) Are not presently debarred, suspended. Proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State of Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are no 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 (d) have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; 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. 37. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug fee 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 prohibitions; b) Establishing an on-going drug-free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. 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) FY06 Homeland Security Grant Program d) Nwing the employee in the statement req* by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for violation of a criminal drug statue occurring in the workplace no later then 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 1. 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 2. 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). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 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: C7r _7 F CMh--� Printed Name of Authorized Agent: '0411lD F .'4'a`'W _5 Title: d / 7'y W.1441i9Date: -1-13 FY06 Homeland Security Grant Program RESOLUTION NO. 06-08-01-0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE CITY APPLICANT'S AGENT FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL DEPARTMENT OF HOMELAND SECUIRTY AND THE STATE OFFICE OF EMERGENCY SERVICES WHEREAS, the State of California and/or the Federal Government, under certain circumstances will declare the County of Orange, including the City of San Juan Capistrano, as a disaster area; and, WHEREAS, the State of California and/or the Federal Government, under certain circumstances, will make available financial assistance for declared disasters; and, WHEREAS, the State of California and/or the Federal Government will under certain circumstances, make available financial assistance and/or property and/or programs that support emergency planning for homeland security. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby authorize the City Manager, Administrative Services Director, or Public Works Director 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 or the State of California. PASSED, APPROVED, AND ADOPTED this 151 day of August 2006. c ^""'^ "" S R LIN, MAYOR Page 1 of 1 8/1/2006 ATTACHMENT 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do'hereby certify that the foregoing Resolution No. 06-08-01-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 1" day of August 2006, by the following vote: AYES: f��IL ME BERS: Hart, Bathgate, Allevato, Soto and Mayor Swerdlin NOES: / C CILJM BER: None ABSEN� Clt! MBER: None City Clerk