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08-0415_ORANGE, COUNTY OF_Agreement2 3 4 5 6 7 8 9 10 11 12 13 14 15 "M 17 18 19 20 21 22 M] 24 25 26 27 28 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2007 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this day of 200_, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and 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 07 CA Supplement -to Federal Program Guidelines) and B (2007 Homeland Security Grant Programs) 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 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the I 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 I 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 use of grant -funded equipment, technology or services and 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 SUBGRANTEE's use of grant -funded equipment, technology or services and SUBGRANTEE's 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 Page 2 of 4 • 0 1 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A and B hereto. 3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after final payment 5 hereunder. 6 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 8 agreement not incorporated herein shall be binding on any of the parties hereto. 9 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express 10 written consent of COUNTY. 11 12. For a period of three years after final payment hereunder or until all claims related to this 12 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 13 documents, papers and records relevant to the work performed or property or equipment acquired in 14 accordance with this Agreement, including Attachments A and B hereto. For the same time period, 15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 16 from which COUNTY received grant funds or their duly authorized representative(s), for examination, 17 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during 18 usual working hours. 19 13. SUBGRANTEE shall provide to COUNTY all records and information requested by 20 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 21 required to provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 14. COUNTY may terminate this Agreement and be relieved of the payment of any 24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 25 in this Agreement, including Attachments A and B hereto, at the time and in the matter herein provided, 26 or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with 27 the work in any manner deemed proper by COUNTY. 28 Page 3 of 4 2 i1l 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 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A and B hereto, and shall not be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, I State of California. IDATED: I APPROVED AS TO FORM: I COUNTY COUNSEL 2007 By �fCC/LP (t.n� Nicole A. Sims, Deputy DATED: �C 2007 r By: UW14, Omar/Sand I , City Attotney DATED: 7 /� 110 If. IN LIM COUNTY OF ORANGE, a political subdivisiery of the State of California J Sheriff -Coroner "COUNTY" a9139MMU-91 By: Dave Adams, City Manager Page 4 of 4 0 Attachment A 0 Governor's Office of Homeland Security FY07 Homeland Security Grant Program California Supplement Federal Program Guidance and Application Kit Revised June 1, 2007 Table of Contents • Section 2 — Subgrant Timeline 6 Timeline Chart 6 Section 3 — Key Changes 7 Key Changes and State Initiatives 7-10 Section 4 — Subgrant Applications Page Section One — Overview 4 Federal Program Guidance and Updates 4 Purpose of the California Supplement 4 Eligible Subgrantees 4 Approval Authority Body (SHSP and LETPP only) 4 Subgrant Allocations 4 Tribal Governments 5 Public and Private Organizations 5 Management and Administrative Costs 5 State Contact Information 5 Section 2 — Subgrant Timeline 6 Timeline Chart 6 Section 3 — Key Changes 7 Key Changes and State Initiatives 7-10 Section 4 — Subgrant Applications 11 State Application Components 11 Regional Approach 11 Applications Due 12 Application Approval 12 Governing Body Resolution 12 Grant Assurances 12 State Agencies 13 Section 5 — Post Subgrant Award 14 Post Award Modifications 14 Subgrantee Performance Reports 14 Monitoring Subgrantee Performance 15 Suspension or Termination 15 Closeout 16 Advances and Interest Earned on Advances 16 Payment Request Process 17 Non-G&T Developed Training Courses 17 Authorized Equipment List 18 Equipment Purchase Assistance Program 18 Section 6 - Forms 19 Governing Body Resolution — OA and UASI 20 Governing Body Resolution Instructions 21 Signature Authority — State Agency 22 State Agency Project Description Template 23 0 FY07 Homeland Security Grant Program Page 2 • [ Left Blank Intentionally ] 11 FY07 Homeland Security Grant Program Page 3 0 0 Section 1 - Overview Federal The U.S. Department of Homeland Security (US AHS) published the FY 2007 Program Homeland Security Grant Program, Program Guidance and Application Kit Guidance and on January 5, 2007. Updates The Guidance and Application Kit may be obtained at: hM2://www.oj .usdoj. og v/odp/grants hsgp.htm. Information US DHS also issues information bulletins which provide grant updates, Bulletins information, clarification, and requirements throughout the life of the grant. Information Bulletins: hqp://www.cip.usdoj.gov/odo/doesibulletins.htm Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by the United States Supplement Department of Homeland Security's (US DHS), Office of Grants and Training. The Supplement will emphasize differences between the FY 06 and FY 07 Homeland Security Grant Programs, and will include additional California policies and requirements applicable to FY 07 HSGP. Eligible Eligible subgrant recipients, referred to as subgrantees, differ for each Subgrantees program. Generally, eligible subgrant recipients will remain the same as in FY 06. - Operational Areas (OA) - includes Metropolitan Medical Response (MMRS) - Urban Area Security Initiative Jurisdictions (UASI) - State Agencies (SA) 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 Authority Body members, and associated contact information, must be submitted with the FY07 HSGP application. Subgrantee Subsequent to US DHS's announcement of funding to California on Allocations approximately July 5, 2007, subgrantee allocation information will be made available via a OHS Grant Management Memorandum (GMM) FY07 Homeland Security Grant Program Page 4 E Tribal NOTE. All subgrantees are encouraged to coordinate with Tribal Governments Governments to ensure that Tribal needs are considered in the subgrantees' applications. Public and NOTE. Subgrantees may contract with any other public or private Private organizations to perform eligible activities on approved projects. Organizations Management The subgrantee Management and Administrative (M&A) allowance is a and maximum of 3% of the subgrant award on all FY 07 HSGP programs. Administrative Costs State Contact All subgrantee application materials, related questions, comments and Information correspondence should be directed to the address below. Governor's Office of Homeland Security ATTN: Grants Management Section State Capitol Sacramento, CA 95814-4900 (916)324-8908 (916) 324-5902 Fax OHS Regional Representatives may be located on the regional map at: http://www.homeland.ca.gov/grants.httnl HAND DELIVERED APPLCATIONS WILL NOT BE ACCEPTED Important Note: Governor's Office of Homeland Security Website OHS website htty://www.homeland.ca.aov/ Office for Domestic Preparedness Secure Portal Access to https://odo.esportals.com/index.cfm Secure portal 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). Bi.biomson@ohs.ca.gov ohs.ca.gov Phone (916) 826-4488 The FY 07 HSGP Enhancement Plan, Threat Overview, Investment Justifications are posted on the secure portal. It is important that Important anyone needing access to these documents obtain access as soon as Note: possible. The volume of requests to obtain portal access is greatly increased as deadlines approach and urecessinty_ times are increased accordingly. Grants Office for Domestic Preparedness, Grant Reporting Tool (GRT) Reporting Tool httos://www.reporting.odn.dhs.gov FY07 Homeland Security Grant Program Page 5 Subgrantee applications due to OHS August 9, 2007* Subgrantee awards (60 days -US DHS award) Sept 5, 2007* Subgrantee performance period begins September 5, 2007 Subgrantee performance period ends April 5, 2010 Final requests for reimbursement due April 15, 2010 SAA Performance Period Ends July 5, 2010 * Date approximate depending on US DHS award date FY07 Homeland Security Grant Program Page 6 Section 2 - Subgrant Timelines FY 07 HSGP US DHS Announcement of FY 07 HSGP January 5, 2007 Subgrantee Timeline FY 07 HSGP California Supplement release March 27, 2007 First subgrantee application workshop March 27, 2007 Last subgrantee application workshop April 10, 2007 SAA application Due April 5, 2007 US DHS Award July 5, 2007* OHS release of Suballocations July 9, 2007* Subgrantee applications due to OHS August 9, 2007* Subgrantee awards (60 days -US DHS award) Sept 5, 2007* Subgrantee performance period begins September 5, 2007 Subgrantee performance period ends April 5, 2010 Final requests for reimbursement due April 15, 2010 SAA Performance Period Ends July 5, 2010 * Date approximate depending on US DHS award date FY07 Homeland Security Grant Program Page 6 U 0 Section 3 — Key Changes and State Initiatives Key Changes and Counterterrorism Staffing Pilot for FY 07 UASI — As a pilot in FY 07, State Initiatives Tier I UASI jurisdictions may use FY 07 UASI funds to support non - overtime (or regular time) operational costs for existing positions that are currently assigned to full-time counterterrorism duties, including intergovernmental assignments. Counterterrorism duties include such activities as intelligence gathering, information sharing, and surveillance. Costs associated with newly hired personnel or regular time for personnel at all engaged in traditional public safety or non -counterterrorism duties in these jurisdictions are ineligible. FY 06 UASI funds may also be used retroactively for this activity. Law Enforcement Training Set Aside — Local law enforcement and the Peace Officers Standards and Training (POST) shall make available funds for training law enforcement officers in terrorism awareness and in becoming a Terrorism Liaison Officer (TLO). The OHS will be holding back ten percent (10%) of LETPP funds to awarded to California and award them to POST for this purpose. Terrorism Liaison Officer (TLO) — In an effort to continue to build towards a comprehensive, integrated prevention network of information sharing, all recipients of FY 07 Homeland Security Grant funds will be required to demonstrate connectivity to a trained TLO; however, the TLO does not have to reside in their agency. An initial roster must be submitted at the time of application. Subgrantees must require documentation for their subrecipients prior to the subaward of homeland security grant funds. CAL DRIES - The State Terrorism Threat Assessment Center (STTAC) and Regional Terrorism Threat Assessment Centers (RTTAC) are all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL JRIES), which provides date sharing capabilities throughout the state. The JRIES is an integral component in the information sharing network throughout the state. Applicants shall document Cal JRIES access or an application for access to CAL DRIES in their grant application to be eligible for funding. Access of an application for access will be confirmed with the STTAC prior to final application approval. Regional Terrorism Threat Assessment Centers (RTTAC) — To compliment federal efforts, California has created four (4) mutually supporting Regional Terrorism Threat Assessment Centers (RTTAC) aligned with the four (4) 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 (CAL JRIES). Each RTTAC shall receive $1,000,000 in homeland security funding for FY 07. FY07 Homeland Security Grant Program Page 7 Key Changes • • and State Tactical Interoperable Communications Plans (TICP) - In FY 07 Initiatives participation in the California Statewide Interoperability Executive Committee (cont) (CaISIEC) and the development of a Tactical Interoperable Communications plans is strongly suggested. It is the intention of OHS to require participation in CaISIEC and the development of a TICP as a condition of FY 08 HSGP funding. Ca1SIEC is coordinating the development of the Statewide Communications Interoperability Plan (SCIP) by November 2007 as required by the federal guidance. Technical assistance in developing TICP is available. Failure to Submit Required Reports — Many Subgrantees fail to fulfill the periodic reporting requirements as required by the grant. Subgrantees who miss a single reporting deadline will receive a letter addressed to their Board of Supervisors informing them of the failure to report. Subgrantees who fail to report twice in a row will have subsequent awards reduced by ten percent (10%) until timely reporting is reestablished. Corrective Action Plans — The Monitoring and Audits Unit (MAU) is actively conducting monitoring visits, both desk review and on-site, among subgrantees. Many of these jurisdictions receive "findings" which necessitate a Corrective Action Plan (CAP) on their part. Those subgrantees who fail to submit a CAP as required shall have a "hold" placed on any future reimbursements until the `finding" is resolved. "On Behalf Of" — Consistent with the federal guidelines, the OHS may, in conjunction with local approval authorities, designate funds "on behalf of local entities that choose to decline or fail to utilize their homeland security award in a timely manner. Stakeholders Conference — OHS will conduct an annual stakeholder's conference to receive statewide input across all disciplines. In FY 06 and FY 07 these conferences were call the "Program and Capability Review". For planning purposes, the conference will be he Sacramento each year the first two weeks of December. This conference is an eligible planning activity. Please be sure to include the cost to attend this stakeholder's conference in your FY 07 HSGP application. State Initiative Funding — In FY 07 HSGP, the OHS shall retain twenty percent (20%) of the SHSP, UASI, and LETPP funding awarded to California for state initiatives. The State will pass 100% of the MMRS and CCP funding to eligible subgrantees. FY07 Homeland Security Grant Program Page 8 Key Changes and State 10% Training Requirement - Generally, there are not state restrictions or Initiatives preferences on how subgrantees allocate funds across eligible program (cont) activities. However, not less than ten percent (10%) of all subgrantee applications must be allocated to G&T approved Training activities. Exercises - Subgrantees must conduct threat- and performance-based exercises in accordance with G&T's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Once an exercise paid for with grant funds has been scheduled, subgrantees must notify the Office of Homeland Security, Training and Exercise Program (T&E) of the exercise date, time, location, and point of contact information. T&E will maintain a web -based master schedule of all exercises occurring throughout the state, to increase communication and coordination of all exercises. Important Exercise After Action Reports (AAR) and Improvement Plans (IP) must be Note: 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. Exercise costs will not be reimbursed until an after action report has been posted on the secure portal. Golden Subgrantees scheduled to participate in Golden Guardian (GG) exercise Guardian activities should program FY 07 HSGP funds into their subgrant Costs application. OHS program representatives will be checking applications from Subgrantees scheduled to participate GG activities within the FY 07 HSGP grant performance period for adequate exercise funding. 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 Bj.Biornson(.@ohs.ca.gov_. CDRCAP California Disaster Resource and Capability Assessment Project (CDRCAP) — Travel costs to participate in the CDRCAP is an eligible planning cost. Participants should coordinate with their operational area, urban area or state agency to ensure the costs of participating in the project are reflected in their respective application. Allocations by Discipline — Subgrantees are no longer required to follow the 20/20/20/40 split regarding allocation percentages for SHSP funding. FY07 Homeland Security Grant Program Page 9 Key Changes Personnel Costs — In FY 07 HSGP the fifteen percent (15%) cap on personnel and State costs is not applicable to the Metropolitan Medical Response System (MMRS) Initiatives or Citizen Corps Program (CCP) funding. (cont) Performance Bond — Many subgrantees were unable to procure large equipment items due to problems with vendor delivery scheduled to occur after the federal reporting period had expired. To assist with this issue, US DHS allowed purchase of a "performance bond" wherein subgrantees procured the item(s) in question, paid the money up front, and purchased a performance bond to ensure delivery of the item after the grant period had expired. Subgrantees must purchase a performance bond for any equipment item over $250,000 or any vehicle (aircraft or watercraft) financed with homeland security dollars. Grant Management Capabilities — Applicants will be required to document their grant management capabilities and include this information with their application. Financial Management Forms Workbook— an electronic copy of the OHS Financial Management Forms Workbook V 1.07 must be submitted to the ODP Secure Portal via email. Documents requiring an original signature will need to be sent in hardcopy. Late or Incomplete Applications - Late or incomplete applications will be reviewed and/or denied at the sole discretion of the OHS. FY07 Homeland Security Grant Program Page 10 0 0 Section 4- Subgrant Applications State Required A completed application will include all of the following components. Application Components Completed OHS Financial Management Forms Workbook V 1.07 - Submitted electronically via email on the ODP Secure Portal Application Cover Sheet Grant Management Roster Project Ledger Project Description Project — A thru T - Investment Justification — Goals and Objectives - Project Description - Need for Project - Status of Project Equipment Inventory Ledger Training Roster Exercise Roster Terrorism Liaison Officer (TLO) Roster Authorized Agent form with appropriate signatures • Project Description Narrative for State Agencies —Mailed • Governing Body Resolution — Mailed State Agency • Project Narrative— (State Agency Only) —Mailed Project - Template available in Section 6 Narrative • Signature Authority - Mailed • Signed Original Grant Assurances— Mailed - Available only in PDF format on the OHS website The Financial Management Forms Workbook V 1.07 can be found at htto://www.homeland.ca.eov/grants.htm] 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 07 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 07 HSGP application. FY07 Homeland Security Grant Program Page I I 9 0 Applications Completed financial management forms workbooks must submitted Due electronically to the ODP secure portal. Detailed instructions on the electronic submittal process will be issued in an OHS Grant Management Memo prior to application due date. Project description narratives and original grant assurances must be mailed to the address below. All application materials are due no later than Thursday, August 9, 2007. Only applications postmarked by the due date will be accepted. Additional 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 ODP Secure Portal b=s://odp.esportals.com/index.cfm Application The subgrantee will receive written notice of the state's approval of the Approval subgrant application no later than 60 days after the federal grant award. 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 07 HSGP application. A sample Resolution can be found in Appendix A- Forms. Grant The Grant Assurances form lists the requirements to which the subgrantees Assurances will be held accountable. NOTE. All applicants will be required to submit new Grant Assurances with their FY 07 HSGP application. The required Grant Assurances form can be found only in PDF format on the OHS website. Important Self created grant assurances forms will not be accepted. note: FY07 Homeland Security Grant Program Page 12 State Agencies Which State Any state agency, department, commission, board, etc., may apply for FY organizations 2007 Homeland Security Grant Program (HSGP 07) funding, as long as the may apply. 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 application cover sheet must be signed by the highest -level person at the the Application state organization, or their designee. If a designee, the highest -level person at for a State Agency. 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 does not apply to state organizations. Use of UASI If a state organization applies for any of the UASI state allocation, the funds funding by must be used to directly support one or more pre -selected urban area(s). The State Agencies application's UASI project description must describe the project AND identify the urban area(s) that will be supported by the project. What are the State organizations may apply for; For which While the State Homeland Security Strategy broadly describes goals, Programs may - State Homeland Security Program (SHSP) State - Law Enforcement Terrorism Prevention Program (LETPP) Organizations - Urban Areas Security Initiative (UASI) Apply? Use of UASI If a state organization applies for any of the UASI state allocation, the funds funding by must be used to directly support one or more pre -selected urban area(s). The State Agencies application's UASI project description must describe the project AND identify the urban area(s) that will be supported by the project. What are the State Priorities While the State Homeland Security Strategy broadly describes goals, for FY 07 objectives and implementation steps, the state's priorities for FY 07 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 Project In addition to the project description in the Financial Management Forms Narrative Workbook, a detailed project narrative is required. Project Narrative is included in Section 6 - Appendices FY07 Homeland Security Grant Program Page 13 i • Section 5- Post Award Requirements Post Award Post award budget, scope and time modifications must be requested using the Modifications OHS Financial Management Forms Workbook V 1.07, 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.rei)ortine.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.odp.dhs.gov , and will also be required to submit additional information and data requested by the state. Subgrantees who miss a single reporting deadline will receive a letter addressed to their Board of Supervisors informing them of the failure to report. Subgrantees who fail to report twice in a row will have subsequent awards reduced by ten percent (10%) until timely reporting is reestablished. FY07 Homeland Security Grant Program Page 14 0 0 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. Important It is the responsibility of all subgrantees to monitor and audit the grant note: activities of their subrecipients. This requirement includes, but is not limited, to on site verification of grant activities as required. Suspension or The State may suspend or terminate subgrant funding, in whole or in part, or Termination other measures may be imposed for any of the following reasons: • Failing,to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failing to comply with the requirements or statutory objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. • Filing a false certification in the application or other report or document. • Failing to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the state will provide the subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. FY07 Homeland Security Grant Program Page 15 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. Advances and The U.S. Department of Homeland Security allows subgrantees to request FY Interest Earned 07 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 07 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 1.07 hitp://www.homeland.ca.gov/erants.html NOTE: Payments can only be made if the subgrantee has an approved application, valid Governing Body Resolution and valid Grant Assurance form. FY07 Homeland Security Grant Program Page 16 Non-G&T When seeki• S DHS approval of non-G&T developed courses, the most Developed notable changes: Training Courses . Course materials must be submitted with the approval request; and, • Conditional approvals are no longer offered. The Office of Homeland Security HSTEEP will release additional training related information at a later date. OHS Training Website: http://www.homeland.ca.gov/hseet)/TrainingHome.htm FY07 Homeland Security Grant Program Page 17 Authorized The FY 07 .authorized Equipment List (AEL) may now found on the web Equipment List at http://www.rkb.mipt.org. Equipment The federal Department of Homeland Security's Equipment Purchase 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. Subgrantees must submit an Equipment Inventory from the OHS Financial Management Workbook with their application package. The Workbook is available at hU://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.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 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, they can call the Quartermaster Hotline 1-888-764-3572 or email at CS.OuartermasteT&fishersci.com. Section 6 — Appendices FY07 Homeland Security Grant Program Page 18 0 1.) Governing Body Resolution — OA and UASI 2.) Signature Authority — State Agency 3.) State Agency Project Description Template n U FY07 Homeland Security Grant Program Page 19 0 40 RESOLUTION NO. 06-08-01-0 "s 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 plapning 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 15t day of August 2006. c ^^"'^ KA 'C1A11t=D LIN, MAYOR Page 1 of 1 8/1/2006 • Governing Body Resolution • (For Operational Areas and Urban Areas) BE IT RESOLVED BYTHE (Governing Body) OF THE THAT (Name of Applicant) , OR (Name or Tide of Authorized Agent) , OR (Name or Tide of Authorized Agent) (Name or Title of is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California. Passed and approved this day of 120 Certification I, duly appointed and (Name) of the (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the of the on the (Governing body) (Name of Applicant) day of 20 (Official Position) (Signature) (Date) FY07 Homeland Security Grant Program Page 20 Instruction Sheet for the Governing Body Resolution • Purpose The purpose of the Governing Body Resolution is to appoint individuals to act behalf of the governing body and the applicant. Authorized The Governing Body Resolution allows for the appointment of individuals Agent(s) or positions. For each person or position appointed by the governing body, submit the following information, with the resolution, to the state on the applicant's letterhead: ❑ Jurisdiction ❑ Grant Program ❑ Name ❑ Title a Address ❑ City ❑ Zip Code ❑ Telephone ❑ Fax # ❑ Cell Phone # ❑ E -Mail Address Authorized . If the Governing Body Resolution identifies Authorized Agents by Agent Changes position and/or title, changes can be made by submitting new Authorized Agent information to the state. • If the Governing Body Resolution identifies Authorized Agents by name, a new Resolution is needed when any changes are made. The information list above must also be submitted with the new Resolution. FY07 Homeland Security Grant Program Page 21 Signature Authority (For State Organizations) AS THE (Secretary/Director / President / Chancellor) OF THE (Name of State Organization) I hereby authorize the following individual(s) to execute for and on behalf of the named state organization, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the Governor's Office of Homeland Security. OR (Name or Title of Authorized Agent) OR (Name or Title of Authorized Agent) , (Name or Title of Authorized Agent) Signed and approved this day of 20. FY07 Homeland Security Grant Program Page 22 •tate Agency Project Description i FY 2007 Homeland Security Grant Program Applicant (state organization) NOTE: Complete a separate Project Description for each proposed project Project State Strategy Goal and Objective Supported by the Project: Indicate the State Priority Supported by the Project: _ Interoperable Communications _ Catastrophic Planning _ Medical Surge _ Citizen Preparedness and Participation _ Mass Prophylaxis _ Critical Infrastructure Protection _ Training for First Responders Provide a detailed description of the proposed project and how it supports the state priority indicated. For construction and/or renovation projects, provide the following additional information: • A description and location of the facility; • A description of the vulnerability assessment that has already been conducted of the facility, and the date of the assessment (the assessment does not have to be submitted with the application); • A description of how the proposed project will address the vulnerabilities identified in the assessment; • A description of the consequences if the project is not funded under HSGP 07 • Indicate the requested funding, by program: • SHSP $ UASI $ LETPP • For UASI funding, indicate the Urban Area(s) supported by the project: FY07 Homeland Security Grant Program Page 23 1 R ■� rl- O C> N 0 O W k N � 'O rOii C a � •Y � � .0 E -or ae=o EEm N r U o a 4° $ u > o —re.5vw° a,_.. o•L� e o oa78 ao' c � 0 9 er��s •� 3 � 'K � S � •� ,5°a � o X a`i C w u Y+ p• m ° 00 O F u� .!:j �X u u E .o �y c.•,� ° N�a O 7 EV'Cw3�' .� sax •0� �pp ,�M � o . � 'a E c N C u u g m z'Q a C C°° e o r € '3 m .b •� a •O U V 'Y y �Cld. 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E .� O 6i WO CA �oaoSawH'•���_daC��°E O N C '• .n o 42 «? e 3i dFE u'Sv•� a a c � a,° nu y� as '3��Aoo�p '� •5 a ReOV=MS uu •� O y .'a 04 �}. � O C ,p E•+ •�Ci � ,g p u:� v u.�' o a.5pa'� 5 �+ �� ��, y � � ��� 5 �'o•�:C� � may.$„ 61 ;e a of! ,o O Q3iw° 0 H��� Bila oe vA i., a 0 p h sn" Q CG co tz�+ Name of Applicant: t1 0 Office of Homeland Security Grant Assurances (All Applicants) OF .S, t&V fv.,f oV C,4p IS 7-X4 NO Address: 32 5/9f:10 /%51F0 -j,0,=44 M TO City:.SlM%74'IW C4pi47M4140 State: GA Zip Code: 9Z6 7S_ Telephone Number: (%S'y) YY3-6.3/7 Fax Number: (9Y9) V 8 r- 3 8 7Y E -Mail Address: .04Z>AMs5sv*.va 6,4�1aTAAfJO.oRG-- 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. 0 0 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: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683 and 1685-1686), which prohibits discrimination on the basis of 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, CPR, 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 I1 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. 0 10. Will comply with environmental standards which maybe prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans under Section FY06 Homeland Security Grant Program Page 45 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). i. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. Califomia Code of 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 -I 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. 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. FY06 Homeland Security Grant Program Page 46 t9. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 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 parry 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 thejurisdiction of the applicant. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 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. 25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, Al 02, A-110, A-122, 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 or 70, 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: a. Part 18, Administrative Review Procedures; b. Part 20, Criminal Justice Information Systems; 0 0 c. Part 22, Confidentiality of Identifiable Research and Statistical Information; d. Part 23, Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; g. Part 38, Equal Treatment of Faith -based Organizations; h. Part 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government -Wide Debarment and Suspension (Non -Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants) 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 11 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. 0 0 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. 36. As required by Executive Order 12549, Debarment and Suspension, 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 or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 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-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (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); (d) Notifying the employee in the statement required 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 a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (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: @tell`^-�-4-- 1k11y/y Printed Name of Authorized Agent: 0,4 w o /r- ,440,4 /H 5 - Title: Title: Date: L -f -04� 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www, sanjuancaptstrano. org TRANSMITTAL TO: din Mott 0991(a t ISTAIIINFI 1961 1776 Michelle Anderson Grants Manager, Mutual Aid Bureau Orange County Sheriff's Department 2644 Santiago Canyon Road Silverado, CA 92676 DATE: April 15, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: Transfer Property or Funds Agreement — 2007 Homeland Security Grant Program An original agreement is enclosed for your records. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. Cc: Michael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future i, Printed on 100% recycled paper 2644 SANTIAGO CANYON RD. SILVERADO, CA 92676-9791 (714) 647-700D March 5, 2008 Dear Sir or Madame: SARIFF-CORONER DEPARTMENT • COUNTY OF ORANGE CALIFORNIA OPERATIONS SUPPORT DIVISION JACK ANDERSON ACTING AS THE SHERIFF -CORONER ASSISTANT SHERIFFS JACKANDERSON STEVE BISHOP JO ANN GALISKY CHARLES WALTERS The Orange County Sheriff -Coroner Department (Sheriff's Department), acting on behalf of the Orange County Operational Area, has received authorization to begin spending of FY07 Homeland Security Grant Program ("HSGP") funds; these funds include: - State Homeland Security Grant Program (SHSP), - Law Enforcement and Terrorism Prevention Program (LETPP), and - Metropolitan Medical Response Systems (MMRS). In order to reimburse you for any future expenditures you may be approved for relating to the FY07 HSGP, we need to establish a transfer agreement between our agencies. For this purpose, enclosed please find two copies of the Agreement to Transfer Property or Funds for 2007 Homeland Security Grant Program ("Agreement'). Each has been signed by Acting -Sheriff Jack Anderson. Below is a brief description of the components of these Agreements and needed actions associated with them: ENGIol EO Please return one set of originals to my attention at the address below; please retain the other copy for you records. PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES- �®��T ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS LAKE FOREST • MISSION VIEJO L7Ji3•i+�'"` RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA . SUPERIOR COURT Description Transfer Agreement, plus attachments Action Needed Please have your authorized agent sign page 4 of the Agreement Please have your City Clerk sign and seal page 4 of the Agreement Attachment A: FY07 California Included for reference Supplement to Federal Program Guidelines Attachment B: Approved Project Included for reference Descriptions Office of Homeland Security Grant Please have your authorized agent sign Assurances Governing Body Resolution (sample in Provide a copy of your Governing Body Attachment A, page 20) Resolution Please return one set of originals to my attention at the address below; please retain the other copy for you records. PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES- �®��T ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS LAKE FOREST • MISSION VIEJO L7Ji3•i+�'"` RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA . SUPERIOR COURT C� March 5, 2008 Page 2 of 2 0 If you have any questions or need additional information, please contact me at manderson@ocsd,org or 714-628-7158. Sincerely, Michelle Anderson Grants Manager, Mutual Aid Bureau Orange County Sheriff's Department 2644 Santiago Canyon Road Silverado, CA 92676