06-0801_ORANGE, COUNTY OF_Agreement2 AGREEMENT TO TRANSFER PROPERTY OR FUNDS
3 FOR 2005 HOMELAND SECURITY GRANT PROGRAM PURPOSES
4 ^I
5 THIS AGREEMENT is entered into this day of iJ� �- 200? which
6 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
7 political subdivision of the State ,of California, hereinafter referred to as "COUNTY", and
< 1
8 San MY) a (municipal corporation/special district/not-for-
9 profit corporation), hereinafter referred to as "SUBGRANTEE."
10 WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the
11 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
12 from the State of California, acting through its Office of Homeland Security, to enhance county -wide
13 emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that
14 are attached hereto as Attachments A and B and incorporated herein by reference.
15 WHEREAS, the tenns.of the grant require that COUNTY use certain grant funds to purchase
16 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
17 purposes.
18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
19 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
20 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
21 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
22 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
23 after acquisition by COUNTY as is reasonably practicable.
24 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said
25 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto andlor
26 to perform such other grant functions, if any, for which Attachments A and B permit SUBGRANTEE to
27 expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
28 authorized agent.
SD
a 0
1 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
2 services acquired with grant funds only for those purposes permitted under the terms of the grant, and
3 shall make it available for mutual aid response.
4 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
5 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
6 equipment as are necessary, in order to keep said equipment in continually good working order. Such
7 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
8 material and labor costs for any maintenance and repair of the said equipment throughout the life of the
9 said equipment.
10 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
I1 and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
12 technologies and/or services.
13 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
14 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded
15 equipment only in accordance with the instructions of COUNTY.
16 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their
17 elected and appointed officials, officers, agents and employees from any and all claims and losses
18 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
19 corporation furnishing or supplying work services, materials or supplies in connection with
20 SUBGRANTEE's performance of this Agreement, including Attachments A and B hereto, and from any
21 and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or
22 damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A and B
23 hereto.
24 11 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
25 by all applicable provisions of Attachments A and B hereto. SUBGRANTEE shall notify COUNTY
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immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
I Attachments A and B hereto.
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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 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. In the event of termination, COUNTY may proceed with
the work in any manner deemed proper by COUNTY.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: — 15 , 200i'(,
APPROVED AS TO FORM:
COUNTY COUNSEL
By � u C snGP Q �SGI�
Nicole A. Sims, Deputy
DATED: S , 2005
By
Jo Shaw , City Attorney
DATED:
ATTEST:
m
IC
COUNTY OF
subdivision of
"COUNTY"
SUBGRANTEE
a political
California
By: (;I"&/ - -
David M. erdlin, Mayor
City of San Juan Capistrano
dw
Margaret
R. Monahan , City Clerk
12005 e ' lX�6O
Otachment A to Transfer Agreement is
FY05 Homeland Security Grant Program
Application Cover Sheet for Operational Areas (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 (from Appendix A)
Contact Information:
Catherine Zurn, Captain
Name/Title
(714)628.7194
Area Code/Office Telephone Number
czurn(a)ocsd.org
E -Mail Address
SHSP Amount Requested $ 5,266,673
LETPP Amount Requested $ 1,528,844
EMPG Amount Requested $ 364,366
MMRS Amount Requested $ 220,764
Total Amount Requested (from ISIP)
Total Equipment Amount Requested for all Programs
From ISIP
$ 4,502,092
From Equipment Worksheet
$ 4,502,092
FY 05 Homeland Security Grant Program
$ 7,380,647
$7,380,647
e
FY05 Homeland Security Grant Program
Application Cover Sheet for Operational Areas (Page 2 of.2)
Applicant (county) County of Orange
Statement of Certification - Approval Authority Body - SHSP and LETPP Only
AWwWwa►W Ns 16) MAW
Co"M CIF 111E 000N" 90todw
By signing below, Ihereby certify that the Operational Area's application represents the Approval Authority
Body's c ensue..on.ihe.OlxeratinnalArea'sFY_2 05 ZjomelandSecurity- Grant .Pregr-amneeds fir 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
B. Horton
Tim Riley
?Mc-hael S. Carona
John Welter
Title
Co. Public Health Officer
Co. Fire Authority Chief
Newport Beach Fire Chief
Sheriff -Coroner
Anaheim Police Chief
Statement of Certification - County Authorized Agent - SHSP, LETPP and EMPG Only
By signing below, I hereby certify I am the duly appointed Authorized Agent and have the authority to
apply for the FY Homeland Security Grant Program, and the Operational Area's application
represents t needs r the State Homeland Security Program, Law Enforcement Terrorism Prevention
Program, mhg cy Management Performance Grant program.
Sheriff -Coroner
Title
/ Michael S. Carona
Agent Printed Name
Date
`'{'i' �ltq� __ 1 (5�� 1 _j ��� -3�5 Y��. � �t'1\li• f I': -�ij y�W� 5" �.
aO.ie'1:1�t6'4it.{iT.1gi" aV✓n'rL� 'if� ' w
FY05 Homeland Security Grant Program
FY05 Homeland Security Grant Program
0 0
The federal Department of Homeland Security, through the Office for Domestic
Preparedness, is providing funding to California for emergency prevention, preparedness,
and response personnel to prevent, deter, respond to and recover from threats and
incidents of terrorism. The Fiscal Year 2005 Homeland Security Grant Program (FY05
HSGP) will support three separate programs: the State Homeland Security Program, the
Law Enforcement Terrorism Prevention Program, and the Emergency Management
Performance Grant.
Operational Areas are eligible to apply for this grant. The County of Orange, on behalf
of the Orange County Operational Area, will be applying for a total of $7,159,883
distributed as follows: $5,266,673 for the State Homeland Security Program, $1,528,844
for the Law Enforcement Terrorism Prevention Program, and $364,366 for the
Emergency Management Performance Grant.
As part of the State Homeland Security Grant Program, Operational Areas are required to
appoint an Anti -Terrorism Approval Body to determine the allocation of grant funding.
The Approval Body consists of the Sheriff, the County Public Health Officer, the Chief
of the Fire Authority, a municipal fire chief and a municipal police chief. The Approval
Body has directed that the FY05 State Homeland Security Program funds are to be used
to support the Operational Area in the following, areas: fire services 20%; law
enforcement 20%; health care 20%; and 40% is discretionary. This distribution can
change with a 415 vote of the Approval Body if it is determined that their operational
needs are different from the specified percentages. The Sheriff -Coroner will return to the
Board when the grant is awarded with a more detailed breakdown of the distribution of
grant funds. A maximum of 2.5% of the grant funds can be used for grant administration
costs.
The $5,266,673 in funding allocated for the State Homeland Security Program will be
used in the following areas:
• Planning - Planning for homeland security and emergency operations.
• Equipment - Purchasing of specialized equipment to enhance the capability of State
and local agencies to prevent, respond to, and mitigate incidents of terrorism
involving the use of chemical, biological, radiological, nuclear, and explosive
(CBRNE) weapons and cyber attacks.
• Training - Costs related to the design, development, and conduct of a State CBRNE
and cyber security training programs and attendance at ODP -sponsored and approved
CBRNE and cyber security training courses.
• Exercise - Costs related to the design, development, conduct, and evaluation of
CBRNE and cyber security exercises.
• Management and Administration - Costs associated with the management of the
SHSP and implementing State Homeland Security Assessments and Strategies
(SHSAS).
The $1,528,844 in funding allocated for the Law Enforcement Terrorism Prevention
Program will be used in the following areas:
Planning — Planning activities associated with: information sharing; vulnerability
assessments; and, development or review of security plans.
Organizational Activities - Overtime personnel costs to participate in information,
investigative and intelligence sharing activities specifically related to homeland
security.
Equipment - Purchasing of specialized equipment to: improve information sharing
and intelligence activities; make vulnerable targets more resistant to attack, removal
or damage; further recognize the potential or development of a threat; enhance
capabilities to prevent domestic terrorism incidents; and, ensure interoperable
communications between and among law enforcement agencies and other emergency
service disciplines.
Training - Training activities associated with: building information sharing
capabilities; methods of target hardening; improving the skills of security personnel;
recognition of CBRNE threats; surveillance techniques; and other activities.
Exercise - Exercise activities to plan for, design, develop, conduct and evaluate
exercises that train homeland security preparedness, prevention and response
personnel, evaluate prevention and response plans, policy, procedures and protocols
and assess the readiness of jurisdiction to prevent and respond to terrorist attack.
Management and Administration - Costs associated with the management of the
LETPP and implementing State Homeland Security Strategy.
The $364,366 in funding allocated for the Emergency Management Performance Grant
will be used in the following areas:
• 50% is allocated to the 34 cities within the operational area. Each city's allocation is
based on population. Each city is required to submit an application to the Operational
Area. As part of the application award, each city is required to have a city
representative attend a minimum of 6 OCEMO meetings, activate their EOC for an
exercise once in the performance period, have a city representative participate in one
OCEMO subcommittee and either activate their city EOC, provide staff to support the
OA EOC or provide staff to another city's EOC.
• 50% is allocated to the Operational Area for Orange County Operational Area
training and EM coordination, OA warning and communication, to promote the
EMPG, coordinate and participate in the Orange County Emergency Managers
Organization monthly meetings, OA readiness and training and exercises.
Budget adjustments related to the grant and authority to transfer grant funds to other
jurisdictions in the Operational Area will be requested after the grant is awarded. The
Sheriff -Coroner requests that the Board authorize the submittal of the grant application as
referenced in the Recommended Actions.
ATTACHMENT B
200@JMELAND SECURITY GRANT PROG*
PROJECT LIST
MIR 3/Web EOC
IMAP
OC Bomb Squad Enhancements
CBRNE Logistical Equipment
Personal Protection Equipment - Speciality Teams
Countywide GIS; Countywide Data Network and Countywide Fire CAD -to -CAD
lxwro'eer , W a a ,
ISecurity Enhancements for Law and Fire Facilities
Warehouse lease for HCA and generator
P.�ljaw` s �, oPerat e
Audio/Visual Upgrades for County EOC
Pr"o,�ect Ef i"s "'�- -ane 'fize mege..�n .erg ai en s � i'eiTes
Community Education
Citizen Corps/Volunteers - CERT & CMAP
Medical Reserve Cor
Pio ecf��is� "t` enhuiee ski"sfainaFile'°liioine'1°uid�"e"cam Ci"""'in ' io
Training/Backfill
Command Officer Response to Terrorism Training
Terrorism Liason Officer Training
AWR 160 Trainin
Joint Hazzard Assessment Team Training
OCSD - State Approved Training
Exercises
Intrigating NIMS into SEMS
Pano I nt I
•
AGENDA REPORT
TO: David F. Adams, City
�A
Manager
FROM: Michael Cantor, Senior Management Analyst
•
8/11/2006
D19
SUBJECT: Consideration of Fiscal Year 2005 Homeland Security Grant Programs
Transfer Agreement and the Governing Body Resolution.
RECOMMENDATION:
By Motion, approve the Fiscal Year 2005 Homeland Security Grant Programs Transfer
Agreement; and adopt the Governing Body Resolution
61TUATION:
The Federal Department of Homeland Security processes grants to jurisdictions
throughout the year. The Orange County Sheriff's 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:
2005 State Homeland Security Program
2005 Law Enforcement Terrorism Prevention Plan
• 2005 Emergency Management Preparedness Grant
The Office of Homeland Security Grant Assurances (Attachment 2) is requested each
year for the Emergency Management Preparedness Grant,
The Governing Body Resolution (Attachment 3) is an update to the City's existing
document approved by City Council in 1998.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
FINANCIAL CONSIDERATIONS:
Not Applicable.
Agenda Report
Page 2 August 1, 2006
NOTIFICATION:
Not Applicable.
RECOMMENDATION:
By Motion, approve the Fiscal Year 2005 Homeland Security Grant Programs Transfer
Agreement; and adopt the Governing Body Resolution
Respectfully submitted,
&-��6ep5--
Michael Cantor
Senior Management Analyst
Attachments:
1. Agreement to Transfer Property or Funds for 2005 Homeland Security Grant
Program Purposes
2. Office of Homeland Security Grant Assurances
3. Governing Body Resolution
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2005 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 �Stattee,�of Califomia, hereinafter referred to as "COUNTY", and
ISan OU,�1Y) Of O) i� 11' ��i�6 , 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 and B 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
expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
ATTACHMENT
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3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
I services acquired with grant funds only for those purposes permitted under the terms of the grant, and
I 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
I material and labor costs for any maintenance and repair of the said equipment throughout the life of the
I said equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
I 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
I 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
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
Attachments A and B hereto.
J/
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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 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. In the event of termination, COUNTY may proceed with
the work in any manner deemed proper by COUNTY.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 2009'U
UZ
APPROVED AS TO FORM:
COUNTY COUNSEL
By
��U Q �!
Nicole A. Sims, Deputy
DATED: OC --�'• S , 2005
By
John Shaw , City Attorney
DATED: /
ATTEST:
COUNTY OF
subdivision of
"COUNTY"
l: "TRU
LE
a political
California
David M. Swerdlin, Mayor
City of San Juan Capistrano
By
410j� Margaret R. Monahan , City Clerk
DATED: 2005
attachment A to Transfer Agreement •
FY05 Homeland Security Grant Program
Application Cover Sheet for Operational Areas (Page 1 of 2)
Applicant (county) County of Orange
Authorized Agent Information:
2644 Santiacto Canyon Road
Mailing Address
Silverado, CA 92676
City, State, Zip Code
Maximum Amount Authorized (from Appendix A)
Contact Information:
Catherine Zurn, Captain
Name/Title
(714)628-7194
Area Code/Office Telephone Number
czurn(8,OCSd.or9
E -Mail Address
SHSP Amount Requested $ 5,266,673
LETPP Amount Requested $ 1,528,844
EMPG Amount Requested $ 364,366
MMRS Amount Requested $ 220.764
Total Amount Requested (from ISIP)
Total Equipment Amount Requested for all Programs
From ISIP
$ 4,502,092
From Equipment Worksheet
$ 4,502,092
FY 05 Homeland Security Grant Program
$ 7,380,647
$7,380,647
r1
U
FY05 Homeland Security Grant Program
Application Cover Sheet for Operational Areas (Page 2 of.2)
Applicant (county) County of Orange
Statement of Certification - Approval Authority Body - SHSP and LETPP Only
AWWW-�M TV RsRW
00fW0F 11EooiN "=kV"
AROW*010", prrxgW
By signing below, I hereby certify that the Operational Area's application represents the Approval Authority
Body's consewus.on the Operational -Area's -EY 2WS Homeland..,Security Grant Program needs for the State -
Homeland Security Program and Law Enforcement Terrorism Prevention Program.
Position/Designee
County Public Health O
County Fire Chief
Municipal Fire
County Sheriff
Chief of Police
Printed Name
B. Horton
Tim Riley
Michael S.
Title
Co. Public Health Officer
Co. Fire Authority Chief
Newport Beach Fire Chie
Statement of Certification - County Authorized Agent - SHSP, LETPP and EMPG Only
Chief
By signing below, I hereby certify 1 am the duly appointed Authorized Agent and have the authority to
apply for the FY Homeland Security Grant Program, and the Operational Area's application
represents t needs r the State Homeland Security Program, Law Enforcement Terrorism Prevention
Program, mAg cY Management Performance Grant program.
Sheriff -Coroner
Title
Michael S. Carona
Agent Printed Name
Y' /7_ a,5F-
Date
FY05 Homeland Security Grant Program
MI
N.
.CS����X�^.!J5E-R�Rt�%t SYi�'I�a H ..' JJ'.�.�A l+l Zl'i
!}�•� .u3•
q'�'
...
FY05 Homeland Security Grant Program
0 9
The federal Department of Homeland Security, through the Office for Domestic
Preparedness, is providing funding to California for emergency prevention, preparedness,
and response personnel to prevent, deter, respond to and recover from threats and
incidents of terrorism. The Fiscal Year 2005 Homeland Security Grant Program (FY05
HSGP) will support three separate programs: the State Homeland Security Program, the
Law Enforcement Terrorism Prevention Program, and the Emergency Management
Performance Grant.
Operational Areas are eligible to apply for this grant. The County of Orange, on behalf
of the Orange County Operational Area, will be applying for a total of $7,159,883
distributed as follows: $5,266,673 for the State Homeland Security Program, $1,528,844
for the Law Enforcement Terrorism Prevention Program, and $364,366 for the
Emergency Management Performance Grant.
As part of the State Homeland Security Grant Program, Operational Areas are required to
appoint an Anti -Terrorism Approval Body to determine the allocation of grant funding.
The Approval Body consists of the Sheriff, the County Public Health Officer, the Chief
of the Fire Authority, a municipal fire chief and a municipal police chief. The Approval
Body has directed that the FY05 State Homeland Security Program funds are to be used
to support the Operational Area in the following areas: fire services 20%; law
enforcement 20%; health care 20%; and 40% is discretionary. This distribution can
change with a 4/5 vote of the Approval Body if it is determined that their operational
needs are different from the specified percentages. The Sheriff -Coroner will return to the
Board when the grant is awarded with a more detailed breakdown of the distribution of
grant funds. A maximum of 2.5% of the grant funds can be used for grant administration
costs.
The $5,266,673 in funding allocated for the State Homeland Security Program will be
used in the following areas:
• Planning - Planning for homeland security and emergency operations.
• Equipment - Purchasing of specialized equipment to enhance the capability of State
and local agencies to prevent, respond to, and mitigate incidents of terrorism
involving the use of chemical, biological, radiological, nuclear, and explosive
(CBRNE) weapons and cyber attacks.
• Training - Costs related to the design, development, and conduct of a State CBRNE
and cyber security training programs and attendance at ODP -sponsored and approved
CBRNE and cyber security training courses.
• Exercise - Costs related to the design, development, conduct, and evaluation of
CBRNE and cyber security exercises.
• Management and Administration - Costs associated with the management of the
SHSP and implementing State Homeland Security Assessments and Strategies
(SHSAS).
The $1,528,844 in funding allocated for the Law Enforcement Terrorism Prevention
Program will be used in the following areas:
0 0
Planning — Planning activities associated with: information sharing; vulnerability
assessments; and, development or review of security plans.
Organizational Activities - Overtime personnel costs to participate in information,
investigative and intelligence sharing activities specifically related to homeland
security.
Equipment - Purchasing of specialized equipment to: improve information sharing
and intelligence activities; make vulnerable targets more resistant to attack, removal
or damage; further recognize the potential or development of a threat; enhance
capabilities to prevent domestic terrorism incidents; and, ensure interoperable
communications between and among law enforcement agencies and other emergency
service disciplines.
Training - Training activities associated with: building information sharing
capabilities; methods of target hardening; improving the skills of security personnel;
recognition of CBRNE threats; surveillance techniques; and other activities.
Exercise - Exercise activities to plan for, design, develop, conduct and evaluate
exercises that train homeland security preparedness, prevention and response
personnel, evaluate prevention and response plans, policy, procedures and protocols
and assess the readiness of jurisdiction to prevent and respond to terrorist attack.
Management and Administration - Costs associated with the management of the
LETPP and implementing State Homeland Security Strategy..
The $364,366 in funding allocated for the Emergency Management Performance Grant
will be used in the following areas:
• 50% is allocated to the 34 cities within the operational area, Each city's allocation is
based on population. Each city is required to submit an application to the Operational
Area. As part of the application award, each city is required to have a city
representative attend a minimum of 6 OCEMO meetings, activate their EOC for an
exercise once in the performance period, have a city representative participate in one
OCEMO subcommittee and either activate their city EOC, provide staff to support the
OA EOC or provide staff to another city's EOC.
• 50% is allocated to the Operational Area for Orange County Operational Area
training and EM coordination, OA warning and communication, to promote the
EMPG, coordinate and participate in the Orange County Emergency Managers
Organization monthly meetings, OA readiness and training and exercises.
Budget adjustments related to the grant and authority to transfer grant funds to other
jurisdictions in the Operational Area will be requested after the grant is awarded. The
Sheriff -Coroner requests that the Board authorize the submittal of the grant application as
referenced in the Recommended Actions.
ATTACHMENT B
20*OMELAND SECURITY GRANT PROG M
PROJECT LIST
Page 1 of 1
Office of Homeland Security
Grant Assurances
.Name of Applicant: City of San Juan Capistrano
Address: 32400 Paseo Adelanto
City: San Juan Capistrano State: CA Zip Code:
949-443-6314
Telephone Number:
Fax Number:
949-488-3874
E -Mail Address: Dadams@sanjuancapistrano.org
92675
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 subgranted 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 Comptroller General of the United States, the State of
California, through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards or awarding
agency directives.
4. Will provide progress reports and such other information as 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.
FY05 Homeland Security Grant Program
ATTACHMENT
8. Will comply withtfederal statues relating to nondiscrimi•on. 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;
E The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
9. Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-
646) which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of federal or federally assisted programs. These requirements apply to all
interested in real property acquired for project purposes regardless of federal participation in
purchases.
10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
FY05 Homeland Security Grant Program
11. Will comply withOvironmental 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
h. protection of endangered species under the Endangered Species Act of 1973, as
amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 469a-1 et seq).
14. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1
of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
15. Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the applicant's application for federal assistance. Will,
after the receipt of federal financial assistance, through the State of California, agree to the
following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per federal fiscal year.
16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
FY05 Homeland Security Grant Program
17. Will comply withlRovisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with federal funds.
18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding
labor standards for federally assisted construction sub -agreements.
22. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
23. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or an employee of Congress, or employee of
a Member of Congress in connection with the federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
FY05 Homeland Security Grant Program
24. Agrees that equi*t acquired or obtained with grant fund
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.
25. 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.
26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements contained in Title 28,
Code of Federal Regulations, Part 66, that govern the application, acceptance and use of
Federal funds for this federally -assisted project.
27. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provision of the current edition of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other
applicable Federal laws, orders, circulars, or regulations.
28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the
National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
29. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized
in the accomplishment of this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the EPA.
30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
FY05 Homeland Security Grant Program
31. Will, in the event a-F'ederal 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.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the current edition
of the Office of Justice Programs (OJP) Financial Guide.
34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-
348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
35. Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
36. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent: t l/rr J` T— a A/t--�
Printed Name of Authorized Agent: David F. Adams
Title: City Manager
FY05 Homeland Security Grant Program
Date: July 20, 2006
0 0
RESOLUTION NO. 06-xx-xx-
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
2006.
DAVID M. SWERDLIN, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
day of
ATTACHMENT
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/orthe 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 1" day of August 2006.
0V1E R LIN. MAYOR
Page 1 of 1 8/1/2006
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 1S1 day of August 2006, by the following vote:
AYES: 19ccl
IL ME BERS: Hart, Bathgate, Allevato, Soto and Mayor Swerdlin
NOES: ,IL M BER: None
ABSEN-V:U MBER: None
IL
Name of Applicant:
Address:
0 Office of Homeland SecuritA
Grant Assurances
City of San Juan
32400 Paseo Adelanto
City: San Juan Capistrano State: CA Zip Code:
Telephone Number: 949-443-6314
Fax Number: 949-488-3874
E -Mail Address: Dadams@sanjuancapistrano.org
92675
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 subgranted 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 Comptroller General of the United States, the State of
California, through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards or awarding
agency directives.
4. Will provide progress reports and such other information as 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.
FY05 Homeland Security Grant Program
Will comply withoederal statues relating to nondiscrimin. 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, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
9. Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-
646) which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of federal or federally assisted programs. These requirements apply to all
interested in real property acquired for project purposes regardless of federal participation in
purchases.
10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
FY05 Homeland Security Grant Program
11. Will comply withronmental standards which may be pbed 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 floodplain 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
h. protection of endangered species under the Endangered Species Act of 1973, as
amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 469a-1 et seq).
14. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1
of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
15. Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the applicant's application for federal assistance. Will,
after the receipt of federal financial assistance, through the State of California, agree to the
following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per federal fiscal year.
16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
FY05 Homeland Security Grant Program
17. Will comply with
visions of the Hatch Act (5 U.S.C. Se s 1501-1508 and 7324-7328)
which limit the po cal activities of employees whose prince employment activities are
funded in whole or in part with federal funds.
18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding
labor standards for federally assisted construction sub -agreements.
22. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
23. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or an employee of Congress, or employee of
a Member of Congress in connection with the federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
I 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.
FY05 Homeland Security Grant Program
24. Agrees that equil"t acquired or obtained with grant fund
a. Will be mW available under the California DisasteMd 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.
25. 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.
26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB,Circulars A-87 and A-133, E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements contained in Title 28,
Code of Federal Regulations, Part 66, that govern the application, acceptance and use of
Federal funds for this federally -assisted project.
27. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provision of the current edition of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other
applicable Federal laws, orders, circulars, or regulations.
28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the
National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
29. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized
in the accomplishment of this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the EPA.
30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
FY05 Homeland Security Grant Program
31. Will, in the event Mileral or State court or Federal or State inistrative agency makes a
finding of discrim ion after a due process hearing on the g�nds 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.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the current edition
of the Office of Justice Programs (OJP) Financial Guide.
34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-
348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
35. Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
36. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent: t bZ11 ZF
Printed Name of Authorized Agent:
Title: City Manager
FY05 Homeland Security Grant Program
David F. Adams
Date: July 20, 2006
0 0
RESOLUTION NO. 06-08-01-0s
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/orthe 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 1't day of August 2006.
c
A "' "" Svv R LIN, MAYOR
Page 1 of 1 8/1/2006
9 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 I" day of August 2006, by the following vote:
AYES: 0 NOES:ABSEN/11C
I L MEMBERS: Hart, MBER: NoneBathgate, Allevato, Soto and Mayor Swerdlin
NOES: IL M BER: None
City Clerk
11
J\
32400 PASEO ADE4.ANT0 MEMBERS OF THE CIN COUNCIL
SAN JUAN CAPISTRANO, CA 92675
SAM ALLEVATO
(949) 493-1171 /,y
(949) 493 W
1053 FAX }.i I m[uAv�RAitO DIANE ATHGATE
FSIAe IISX[0 1961 YATi HART
www,sanjuancapi.,vtrano. org 1776 JOE SOTO
• • DAVID M. SWERDLIN
TRANSMITTAL
TO:
Orange County Sheriff's department
Emergency Management — JoDee Goetz
2644 Santiago Canyon Road
Silverado, CA 92676
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: FY 2005 Homeland Security Grant Programs Documents
Attached per your request are the following documents as approved by the City Council at their
regular meeting of August 1, 2006:
(3) original, executed agreements to transfer property or funds for 2005 homeland
security grant program purposes — including designated attachments
(3) original, executed Grant Assurances documents
(3) certified copied of Resolution No. 06-08-03-01 related to designating the city
applicant's agent for the purpose of obtaining funds from the Federal Department of
Homeland Security and the State Office of Emergency Services
If you have questions concerning the documents, 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