10-0401_ORANGE, COUNTY OF_Agreement1
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2009 HOMELAND SECURITY GRANT PROGRAM PURPOSES
.?oio
THIS AGREEMENT is entered into this 1sr day of Z�eAl L. !L� , 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
GiTY of 4A 7(I.f/ 6,_4�0/6Z44w0 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 Califomia Emergency Management Agency, 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 09 CA Supplement to Federal Program
Guidelines), B (2009 Homeland Security Grant Programs) and C (FY 09 Grant Assurances) and
incorporated herein by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
specified in Attachment B hereto, which is incorporated herein by reference. If the grant 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
28 11 to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
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to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or I
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 I
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 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
I 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, B and C 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, B and C hereto.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
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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, B and C hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
hereunder.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
I written consent of COUNTY.
12. For a period of three years after final payment hereunder or until all claims related to this
Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
from which COUNTY received grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
usual working hours.
13. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
14. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein
provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may
proceed with the work in any manner deemed proper by COUNTY.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 20
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole A. Sims, Deputy
DATED:
20
COUNTY OF ORANGE, a political
subdivision of the State of California
By
Sheriff -Coroner
"COUNTY"
Q
"N Weir A 1E llfk�
SUBGRANTEE
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up
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
By:
.T E Tib T a/�7'/1�ANAG��
Page 4 of 4
0
California Emergency Management Agency
FY09 Homeland Security Grant Program
California Supplement to
Federal Program Guidance and
Application Kit
May 14, 2009
STATE OF CALIFORNIA
Arnold Schwarzenegger, Governor
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Matthew R. Bettenhausen, Secretary
Frank McCarton, Undersecretary
Peggy Okabayashi, Assistant Secretary
GRANTS MANAGEMENT DIVISION
Brendan Murphy, Director
HOMELAND SECURITY GRANTS
John Isaacson, Division Chief
HOMELAND SECURITY GRANT STAFF FISCAL AND REPORTING STAFF
Ursula Harelson, Program Manager
Darlene Arambula, Office Assistant
Cameron Bardwell, Program Representative
Tracey Frazier, Program Representative
Maybel Garing, Program Representative
Sarah Knight, Program Representative
Leo LaMattina, Program Representative
Rachel Magaha, Program Representative
Kris Whitty, Program Manager
Inam Ali, Program Representative
Sabra Bowen, Program Representative
Michael Cheng, Program Representative
Gina Joaquin, Staff Service Analyst
Rose Nguyen, Program Representative
Christopher Sampang, Office Assistant
Akira Yamamoto, Program Representative
FY09 California Emergency Management Agency Page 2
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TABLE OF CONTENTS
FOREWORD: SECRETARY'S MESSAGE
.............................4
SECTIONI —OVERVIEW.......................................................................................................5
Federal Program Guidance...............................................................................................5
Purpose of the California Supplement..............................................................................5
EligibleSubgrantees.........................................................................................................5
Native American Allocation.............................................................................................5
Subgrantee Allocations.....................................................................................................6
CalEMA Contact Information...........................................................................................6
DHSWebsites...................................................................................................................7
SECTION 2 — KEY CHANGES AND INITIATIVES ...........................
Federal Changes and Initiatives.......................................................
State Changes and Initiatives...........................................................
SECTION 3 — SUBGRANTEE APPLICATIONS................................................................12
State Application Components.......................................................................................12
Operational Area Approval Authority Body...................................................................13
ApplicationSubmittal.....................................................................................................13
ApplicationApproval......................................................................................................13
State Agency Information...............................................................................................14
SECTION 4 — POST AWARD REQUIREMENTS.........
Post Award Modifications ........................................
Payment Request Process .........................................
Advances...................................................................
Subgrantee Performance Reports ..............................
Monitoring Subgrantee Performance ........................
Suspension and Termination .....................................
Closeout....................................................................
SECTION 5 — APPENDICES..................................................................................................18
A- FY09 HSGP Timeline...............................................................................................19
B- Governing Body Resolution.....................................................................................20
C- State Agency Forms..................................................................................................22
D- Subgrantee Application Checklist.............................................................................24
FY09 California Emergency Management Agency Page
FOREWORD: SECRETARY'S MESSAGE
I wanted to take this opportunity to introduce you to California's newest state agency, the
California Emergency Management Agency (CalEMA). California continues to be a national
leader in homeland security and emergency management and the fusion of the talents, capabilities
and resources of the Office of Emergency Services (OES) and the Office of Homeland Security
(OHS) has been a long time coming. Each of us around the state, with our different roles in
California's emergency management, are partners in this new endeavor and I look forward to
working with everyone again this year.
Despite changes within our agency, we remain steadfast to the four mission areas of the Homeland
Security Grant Program: prevent, prepare, respond and recover. I am pleased to report major
progress across the board — from developing training courses and strengthening information sharing
capabilities to assessing security and bolstering response capabilities. The work we have done with
this program has made significant progress to ensure the security of our citizens, critical
infrastructure, and key resources. To continue that progress, 1 am pleased to present the FY2009
California Supplement to the Federal Guidance.
As you review the guide, you will see that there are various changes while several aspects remain
the same. 1 realize that the changes in the rules and guidance require a lot of effort, but in the end
this program is an important and integral component in the safety of California. Throughout the
duration of the grant, CalEMA program representatives will be available to assist you in
enhancing your homeland security programs. Please don't hesitate to contact them with any
questions or concerns.
Let me close by thanking all of you involved in this program for the work that you do to make
sure we wisely invest these valuable funds. It is your excellent contributions and achievement of
objectives that have made California a better place to live and do business; California
communities are safer, we have more trained and equipped first responders, and we continue to
move forward with a number of important initiatives. The people of California owe you a debt of
gratitude for your tireless efforts and 1 know they can count on you to continue to utilize the
opportunities that come with the FY2009 HSGP.
MATTHEW R. BETTENHAUSEN
Secretary
California Emergency Management Agency
FY09 California Emergency Management Agency Page
SECTION 1- OVERVIEW
Federal The U.S. Department of Homeland Security (DHS) published the FY09
Program Homeland Security Grant Program, Program Guidance and Application
Guidance Kit on November 5, 2008. The Guidance and Application Kit may be
obtained at:
http://www.ohs.ca.gov/ndf/fy09 fed euidance.odf
Information DHS also issues Information Bulletins that provide updates, clarification,
Bulletins and requirements throughout the life of the grant. Information Bulletins
may be obtained at:
htlp://www.oip.usdoi.gov/odp/docs/builetins.htm
Purpose of the The California Supplement to the Federal Program Guidance is intended
California to complement, rather than replace, the Guidance published by DHS. The
Supplement Supplement will emphasize the differences between the FY08 and FY09
Homeland Security Grant Programs (HSGP), and will include additional
California policies and requirements applicable to the FY09 HSGP.
Grant CaIEMA also issues Grant Management Memos (GMM) that provide
Management additional information. GMMs can be located at:
Memos htta://homeland.ca.gov/ rants manaeement memo.html
Eligible Eligible subgrant recipients, referred to as Subgrantees, differ for each
Subgrantees program. Generally, eligible subgrant recipients include:
• Operational Areas (OA)
o Includes the Metropolitan Medical Response System
(MMRS)
o Native American Tribes — represented by a single
coordinating group
• Urban Area Security Initiative Jurisdictions (UASI)
• State Agencies (SA)
o Includes the Citizen Corps Program (CCP)
Native American Federal FY09 grant guidance requires CaIEMA to provide access to the
Allocation SHSGP funds directly to Native American Tribes in California. In order
for CaIEMA to implement this requirement, a single coordinating group
representing the California tribes will be eligible to receive a share of this
funding on a base plus population basis. In order to submit an application
for funding, California's 108 tribes shall develop a single coordinating
group that represents all or substantially all of the tribes. The single
coordinating group shall have until November 7, 2009 to submit to
CalEMA its membership, organizational structure and plan for developing
coordinated funding priorities among all or substantially all of the
California Tribes. All subgrantees are encouraged to coordinate with
Tribal Governments to ensure that Tribal needs are considered in the
subgrantees applications.
FY09 California Emergency Management Agency Page 5
Subgrantee It is anticipated that DHS's announcement of funding to California will be
Allocations made on June 17, 2009. Subgrantee allocation information will be made
available afterwards via a CalEMA Grant Management Memo (GMM).
Supplanting Grant funds must be used to supplement existing funds, not replace
(supplant) funds that have been appropriated for the same purpose.
Subgrantees will be required to supply documentation certifying that a
reduction in non -Federal resources occurred for reasons other than the
receipt or expected receipt of Federal funds.
Public/Private Subgrantees may contract with any other public or private organizations to
Organizations perform eligible activities on approved projects
Debarred/ Subgrantees must not make or permit any award (subgrant or contract) at
Suspended any tier to any party that is debarred, suspended, or otherwise excluded
Parties from, or ineligible for, participation in Federal assistance programs.
Subgrantees must obtain documentation of eligibility prior to any
subaward of HSGP funds and be prepared to present supporting
documentation to monitors.
CaIEMA All subgrantee application materials, related questions, comments and
Contact correspondence should be directed to:
Information
California Emergency Management Agency
ATTN: Grants Management Division
State Capitol
Sacramento, CA 95814
CalEMA Main Phone Line: (916) 845-8510
Fax: (916) 324-5902
California Emergency Management Website:
http://www.calema.ca.gov
For additional assistance, please contact your regional representative:
Cameron Bardwell at cameron.bardwell(a,ohs.ca.gov or (916) 322-8740
Tracey Frazier at tracev.frazier(a.ohs.ca.eov or (916) 324-6342
Maybel Gating at mavbel.garing-na ohs.ca.gov or (916) 324-9312
Sarah Knight at sarah.knight(a ohs.ca. ov or (916) 322-9067
Leo LaMattina at leo.lamattina@ohs.ca.eov or (916) 324-6347
Rachel Magana at rachel.magana(a-),ohs.ca.gov or (916) 324-9314
CalEMA regional representatives may be located on the regional map at:
hitp://www.ohs.ca.gov/pddf/homeland security regional map.pdf
California Emergency Management Agency Page 6
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CalEMA CalEMA Training Website:
Contact http://www.ohs.ca.gov/hseen/traininizhome.htm]
Information
(Cont.) The 2009 HSGP Financial Management Forms Workbook (FMFW)
Version 1.09:
htto://www.ohs.ca.g_ov/FY2009 HSGP.html
ODP Secure To obtain access to the Office of Domestic Preparedness (ODP) secure
Portal portal, please contact BJ Bjornson, Secure Portal Administrator, CalEMA,
Training and Exercise Program (T&E) at bi.biornsonAohs.ca.eov or (916)
826-4488.
The ODP Secure Portal may be obtained at:
httn:Ht)rel2arednessportal.dhs.gov/
Grants To obtain access to the online Grants Reporting Tool (GRT), please log on
Reporting Tool to their website at www.renorting.odp.dhs.gov. To create a new account,
follow the instructions that read, "If you need to register for an account,
please click here."
For additional assistance with the GRT, please contact:
Inam Ali at inam.ali(a.ohs.ca.gov or (916) 324-6054
Sabra Bowen at sabra.bowen(n,ohs.ca.gov or (916) 324-9315
Rose Nguyen at rose.nguyen(a),ohs.ca.gov or (916) 322-2607
Akira Yamamoto at akira.vamamoto@ohs.ca.gov or (916) 322-2643
California Emergency Management Agency Page 7
SECTION 2 — KEY CHANGES AND INITIATIVES
Federal FEDERAL
Changesand HSGPPriorities
Initiatives Priorities for this year continue to further narrow the focus through the
risk-based funding and the capability -based planning process. FY09
HSGP (State Homeland Security Program [SHSP], Urban Areas Security
Initiative [UASI], Metropolitan Medical Response System [MMRS], and
Citizen Corps Program [CCP]) will focus on the following objectives as
highest priorities:
• Addressing Capability Requirements and Measuring Progress in
Achieving the National Preparedness Guidelines
• Strengthen Preparedness Planning and Citizen Preparedness
Capabilities
• Strengthen Chemical, Biological, Radiological/Nuclear, and
Explosive (CBRNE) Detection, Response, and Decontamination
Capabilities:
• Strengthen Information Sharing and Collaboration Capabilities via
the National Network of Fusion Centers
• Strengthen Medical Surge and Mass Prophylaxis
At least 25% of FY09 HSGP funding, must be collectively allocated to
the Strengthening Preparedness Planning Priority through planning,
training and exercise activities (see Part 1 of the DHS FY09 HSGP
Guidance for additional information).
At least 25% of FY09 HSGP funding must be dedicated to law
enforcement -oriented planning, organization, training, exercise, and
equipment activities(see Part 1 of the DHS FY09 HSGP Guidance for
additional information).
Personnel Costs — As directed by the Personnel Reimbursement./or
Intelligence Cooperation and Enhancement (PRICE) of Homeland
Security Act, all personnel and personnel -related costs, including those for
intelligence analysts and consultants, are allowed up to 50% of SHSP and
UASI funding without time limitation placed on the period of time that
such personnel can serve under the grant. These guidelines are not
retroactive to previous fiscal years of HSGP funding (see Part IV.E.4 of
the DHS FY09 HSGP Guidance for additional information).
Critical Emergency Supplies — In furtherance of DHS's mission, critical
emergency supplies, such as shelf stable food products, water, and basic
medical supplies are an allowable expense under FY09 SHSP.
Subgrantees must provide CalEMA with a viable inventory management
plan, an effective distribution strategy, sustainment costs for such an
effort, and logistics expertise to avoid situations where funds are wasted
because supplies are rendered ineffective due to lack of planning.
FY09 California Emergency Management Agency Page 8
State Changes STATE
and Initiatives State Initiative Funding — In FY09 HSGP, CalEMA shall retain 20% of
the SHSP, UASI funding awarded to California for state initiatives. The
State will pass 100% of the MMRS and CCP funding to eligible
subgrantees.
"On Behalf OV'— Consistent with the federal guidelines, the CalEMA
may, in conjunction with local approval authorities, designate funds "on
behalf of local entities that choose to decline or fail to utilize their
homeland security award in a timely manner.
Regional Approach — Subgrantees must take a regional approach when
determining the best use of FY09 HSGP funds. Subgrantees must
consider the needs of local units of government and applicable volunteer
organizations in the projects and activities included in their FY09 HSGP
application.
Grant Management Capabilities — FY09 Applicants will be required to
document their grant management capabilities and include this
information with their application.
Special Needs Population — Populations whose members may have
additional access and functional needs before, during, and after an incident
must be included in planning, response and recovery documents. As a
new requirement for FY09 funding, subgrantees are required to provide
the name, title and contact information for their local person responsible
for coordinating access and functional needs of these populations in
planning, response and recovery, and submit the information as part of
their application for HSGP funding.
Planning Projects — Subgrantees conducting major planning projects
(including, but not limited to: Evacuation, Mass Care and Shelter, Disaster
Recovery, etc.) will be required to address access and functional needs
within their planning documents in order to maintain eligibility for HSGP
funding. For more information, the following link is provided:
Guidance on Plannine and Responding to the Needs of People with
Disabilities and Older Adults
Strategy, Planning, and Metrics Conference — CalEMA will conduct its
annual Investment Justification Planning Conference to receive statewide
input across all disciplines. The conference will be held in the Fall of
2009. This conference is an eligible planning activity. Please be sure to
include the cost to attend this conference in your FY09 HSGP application.
FY09 California Emergency Management Agency Page 9
State Changes Training Requirement — Not less than 10% of all subgrantee
and Initiatives applications must be allocated to FEMA approved training activities.
(Cont.) However, training on equipment will continue to be allowed as part of the
10%. Further, per the Federal Guidance, training conducted using HSGP
funds should address a performance gap identified through an After
Action Report/improvement Plan (AAR/1P) or contribute to building a
capability that will be evaluated through an exercise. Subgrantees will
explain in a narrative the gat) identified, provide access to the AAR or
details of the upcoming exercise, and submit to their CalEMA Program
Representative.
Note: This does not apply to State Agencies.
Non-DHS/FEMA Developed Training Courses
When seeking DHS approval of non-DHS/FEMA developed courses, the
most notable changes are:
• Course materials must be submitted with the approval requests; and
• Conditional approvals are no longer offered.
The CalEMA Training and Exercise Program (T&E) will release
additional training related information at a later date.
Exercises — Subgrantees must conduct threat and performance-based
exercises in accordance with DHS Homeland Security Exercise and
Evaluation Program (HSEEP) manuals. Once a grant funded exercise has
been scheduled, subgrantees must notify the CalEMA 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. Exercise AAR/IPs must be posted to the Corrective Action Plan
System (CAPS) within 60 days following the completion of each exercise.
For more information on this process, please contact:
Kevin Chan at (916) 324-6736 or kevin.chan(o),ohs.ca.gov.
Exercise costs will not be reimbursed until an AAR has been posted
and access to the AAR has been granted to Rachel Magana.
Rachel can be reached at (916) 324-9314 or rachel.magana n ohs.ca.gov.
Note: Urban Areas are required to develop a Multi-year Training and
Exercise Plan and submit it to FEMA on an annual basis. Subgrantees
must provide a copy to their CalEMA Program Representative.
FY09 California Emergency Management Agency Page 10
State Changes Golden Guardian — Subgrantees scheduled to participate in Golden
and Initiatives Guardian (GG) exercise activities should program FY09 HSGP funds into
(Cont.) their subgrant application. CaIEMA Program Representatives will be
checking applications from subgrantees scheduled to participate in GG
activities within the FY09 HSGP grant performance period for adequate
exercise funding. T&E is the subgrantee's point of contact for exercise
related issues and questions.
Subgrantees may contact T&E at (916) 826-4488 or bi.bjornson@ohs.ca.gov.
Terrorism Liaison Officer (TLO) — In an effort to continue to build
towards a comprehensive integrated prevention network of information
sharing, all recipients of FY09 Homeland Security Grant funds will be
required to designate a trained TLO within their organization. An initial
roster must be submitted at the time of application. Subgrantees must
require documentation for their subrecipients prior to the subaward of
Homeland Security Grant funds, which needs to be available during a
monitoring.
CAL JRIES — 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
data 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 JRIES, in their grant application to be eligible for funding.
Access or an application for access will be confirmed with the STTAC
prior to final application approval.
M&A Costs — The subgrantee Management and Administrative (M&A)
allowance is a maximum of 3% of the subgrant award on all FY09 HSGP
programs (The cap was set by federal law).
California Emergency Management Agency Page 1 1
SECTION 3 - SUBGRANTEE APPLICATIONS
Required State A completed application will include all of the following components:
Application
Components • The CalEMA Financial Management Forms Workbook (FMFW)
Version 1.09 including:
o Application Cover Sheet
o Grant Management Roster
o Project Descriptions
■ Investment Justification - Goals and Objectives
■ Project Description
• Need for Project
■ Status of Project
o Project Ledger
o Equipment Inventory Ledger
■ Authorized Equipment List (AEL) numbers found
on the web at httv://www.rkb.us
o Training Roster
■ Course approved feedback numbers
o Exercise Roster
o Planning Ledger
■ Final product identified
o Authorized Agent form with appropriate signatures
• Terrorism Liaison Officer (TLO) Roster
• CAL JRIES Access
• Narrative Explanation of 25% Preparedness Planning
• Narrative Explanation of 25% Law Enforcement
• Narrative of Training with AAR/Exercise Detail
• Narrative of Special Needs Populations
• Certified Copy of the Governing Body Resolution
• Signed Original Grant Assurances
(A checklist for application completeness can be found in the appendix)
Governing Body The Governing Body Resolution appoints agents authorized to execute any
Resolution actions necessary for each application and subgrant. All applicants will be
required to submit a certified copy of a new Governing Body Resolution
with their FY09 HSGP application. A sample Resolution can be found in
the Appendix.
Grant Assurances The Grant Assurances list the requirements to which the subgrantees will
be held accountable. All applicants will be required to submit new Grant
Assurances with their FY09 HSGP application. The required Grant
Assurances form can be found only in PDF format on the CalEMA
website and will be available within 14 days of the Federal award.
Note: Self created Grant Assurances will not be accepted.
FY09 California Emergency Management Agency Page 12
• •
Approval Operational Areas must appoint an Anti -Terrorism Approval Body
Authority Body (Approval Authority) to have final approval of the OA's application for
(OA only) SHSGP funds. The Approval Authority shall consist of the following
representatives, and additional voting members may be added by a simple
majority vote of the following standing members:
• County Public Health Officer or designee responsible for
Emergency Medical Services
• County Fire Chief or Chief of Fire Authority
• Municipal Fire Chief (selected by the Operational Area Fire
Chiefs)
• County Sheriff
• Chief of Police (selected by the Operational Area Police Chief)
Each member of the Approval Authority must provide written agreement
with the OA's application for SHSGP funds.
Note: A list of the Approval Authority Body members, and associated
contact information must be submitted with the FY09 HSGP application.
Contact your program representative for more information.
Application The completed FMFW V 1.09 must be submitted electronically via
Submittal posting to the ODP Secure Portal(htto:Hprenarednessportal.dhs.gov/)
marked "FY09 HSGP Application". Detailed instructions on the
electronic submittal process will be issued in a CalEMA Grant
Management Memo prior to application due date.
Documents requiring an original signature will need to be mailed in
hardcopy. Signatures will need to be in blue ink only.
HAND DELIVERED APPLICATIONS WILL NOT BE ACCEPTED
Late or All application materials are due no later than Friday, July 17, 2009*.
Incomplete Only applications postmarked by the due date will be accepted.
Applications Applications lost in transit are the responsibility of the applicant and will
not be considered for funding. Late or incomplete applications will be
reviewed and/or denied, and additional information will be requested
and/or accepted from subgrantees, at the sole discretion of CalEMA.
Application The subgrantee will receive written notice of the state's approval of the
Approval subgrant application no later than 45 days after the federal grant award.
Subgrantee reimbursements will not be made until all required application
components have been approved by the state and all conditional holds
removed.
* See Timeline in Appendix
FY09 California Emergency Management Agency Page
State Agencies Which State organizations may apply?
Any state agency, department, commission, board, etc., may apply for
FY09 HSGP funding, as long as the organization:
• Has, or can obtain, appropriate state Department of Finance budget
authority for awarded funds; and,
• Will comply with all grant requirements contained in the federal
and state grant guidance documents, and in the Grant Assurances
form.
Who may sign the Application for a State Agency?
The application cover sheet must be signed, in blue ink, by the highest -
level person at the state organization, or their designee. If a designee is
signing, the highest -level person at the state organization must execute and
submit a Signature Authority form with the Application Package.
Note: The requirement for the creation of an Approval Authority body or
a Governing Body Resolution does not apply to state organizations.
What are the State Priorities for FY09 HSGP?
While the State Homeland Security Strategy broadly describes goals,
objectives and implementation steps, the State's priorities for FY09 HSGP
are:
(1)
Interoperable Communications
(2)
Catastrophic Planning
(3)
Medical Surge
(4)
Citizen Preparedness and Participation
(5)
Mass Prophylaxis
(6)
Critical Infrastructure Protection
(7)
Training for First Responders
(8)
Food and Agricultural Safety
Project Narrative — In addition to the project description in the Financial
Management Forms Workbook, a detailed project narrative (included in
the Appendix)is required.
FY09 California Emergency Management Agency Page 14
0 0
SECTION 4 - POST AWARD REQUIREMENTS
Post Award Post award budget, scope and time modifications must be requested using
Modifications the CaIEMA Financial Management Forms Workbook V 1.09, signed by
the subgrantee's Authorized Agent, and submitted to the subgrantee's
Program Representative in the Homeland Security Grant Unit at CaIEMA.
The subgrantee may implement the modifications, and incur associated
expenses, only after receiving written final approval of the modification
from the State. Failure to submit modification requests, and receive
written approval prior to expenditure, could result in a reduction or
disallowance of that part of the grant.
Note: Modifications can be requested once per quarter during the grant
performance period.
Payment To request advance or reimbursement payment of FY09 HSGP funds,
Request complete a payment request form using the CaIEMA Financial
Process Management Forms Workbook and return it to the appropriate Program
Representative in the Homeland Security Grant Unit at the CaIEMA.
Subgrantees who fail to follow the workbook instructions will experience
delays in processing.
Note: Payments can only be made if the subgrantee has submitted an
approved application, including the Financial Management Forms
Workbook (FMFW), a certified copy of the Governing Body Resolution,
and valid Grant Assurances form.
Advances and DHS allows subgrantees to request FY09 HSGP funds up to 120 days
Interest Earned prior to expenditure/disbursement, or on a reimbursement basis. The
on Advances 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 grantee's Program
Representative in the Homeland Security Grant Unit at the CaIEMA of
any interest returned on program funds.
Performance Many Subgrantees were unable to procure large equipment items due to
Bond problems with vendor delivery scheduled to occur after the federal
reporting period had expired. To assist with this issue, DHS allowed
subgrantees to obtain a "performance bond" wherein subgrantees procured
the item(s) in question, paid the money up front, and obtained a
performance bond to ensure delivery of the item within 90 days of the
subgrantees performance period. Subgrantees must obtain a performance
bond for any equipment item over $250,000 or any vehicle, aircraft or
watercraft, financed with homeland security dollars.
FY09 California Emergency Management Agency Page 15
Subgrantee Subgrantees must prepare and submit performance reports to the state for
Performance the duration of the grant performance period, or until all grant activities
Reports are completed and the grant is formally closed by CaIEMA. Subgrantees
must complete a Biannual Strategy Implementation Report (BSIR) using
the DHS/FEMA Grants Reporting Tool (GRT)
http://www.reportine.odi).dhs.gog_v.
Failure to Periodic reporting is required by the grant. Subgrantees who miss a
Submit single reporting deadline may receive a letter addressed to their
Required Board of Supervisors informing them of the failure to report. County
Reports Operational Areas and Tribal Native Americans who fail to report
twice in a row may have subsequent awards reduced by 10% until
timely reporting is reestablished. UASI's shall have a "hold" placed
on any future reimbursements.
Monitoring Corrective Action Plans — The Monitoring and Audits Unit (MAU) is
Subgrantee actively conducting monitoring visits, both desk review and on-site,
Performance among subgrantees. Many of these jurisdictions receive "findings" that
necessitate a Corrective Action Plan (CAP) on their part. Those
subgrantees who fail to submit a CAP as required shall have a "hold"
placed on any future reimbursements until the "finding" is resolved.
The state is currently conducting a program of sub -grantee monitoring.
The monitoring will be conducted on the subgrantees administrative,
programmatic and fiscal management of the grant(s).
These reviews may include, but are not limited to:
• Eligibility of expenditures.
• Comparing actual subgrantee activities to those approved in the
subgrant application and subsequent modifications, if any.
• Ensuring that advances have been disbursed in accordance with
applicable guidelines.
• Confirming compliance with:
o Grant Assurances; Information provided on performance
reports and payment requests; and Needs and threat
assessment and strategies.
Note: It is the responsibility of all Subgrantees to monitor and audit the
grant activities of their subrecipients. This requirement includes, but is
not limited to, on site verification of grant activities as required.
FY09 California Emergency Management Agency Page 16
0 0
Suspension/ The State may suspend or terminate subgrant funding, in whole or in part,
Termination or other measures may be imposed for any of the following reasons:
• Failing to expend funds in a timely manner consistent with the
grant milestones, guidance and assurances.
• Failing to comply with the requirements or statutory objectives of
federal or state law.
• Failing to make satisfactory progress toward the goals or
objectives set forth in the subgrant application.
• Failing to follow grant agreement requirements or special
conditions.
• Proposing or implementing substantial plan changes to the extent
that, if originally submitted, the application would not have been
selected for funding.
• Failing to submit required reports.
• False certification in the application or other report or document.
• Failing to adequately mange, monitor or direct the grant funding
activities of their subrecipients.
Before taking action, the state will provide the subgrantee reasonable
notice of intent to impose corrective measures and will make every effort
to resolve the problem informally.
Closeout The State will close a subgrantee award after:
• Receiving a subgrantee Performance Report indicating that all
approved work has been completed, and all funds have been
disbursed;
• Completing a review to confirm the accuracy of reported
information;
• Reconciling actual costs to awards, modifications and payments.
If the closeout review and reconciliation indicates that the subgrantee:
• is owed additional funds, the State will send the final payment
automatically to the subgrantee.
• did not use all funds received, the state will issue an Invoice or
Grant Modification letter to recover unused funds.
In the Grant Closeout Letter, the State will notify the subgrantee of the
start of the record retention period for all programmatic and financial grant
related records.
Note: Failure to maintain all grant records for the required retention
period could result in a reduction of grant funds, and an invoice to return
costs associated with the unsupported activities.
FY09 California Emergency Management Agency Page 17
•
SECTION 5 - APPENDICES
FY09 California Emergency Management Agency Page 18
APPENDIX A- FY09 HSGP TIMELINE
DHS Announcement of FY09 HSGP November 5, 2008
SAA Application Due to DHS March 20, 2009
FY09 HSGP California Supplement Release May 14, 2009
Subgrantee Application Workshops May 2009
DHS Award to California June 17, 2009*
CalEMA Release of Suballocations June 26. 2009*
Subgrantee Applications Due to CalEMA July 17, 2009*
Subgrantee
Awards (45 days from DHS award)
August 3,
2009*
Subgrantee
Performance Period Begins
August 3,
2009*
Subgrantee Performance Period Ends March 31, 2012
Final Requests for Reimbursement Due April 10, 2012
SAA Performance Period Ends June 30, 2012
* Date approximate depending on DHS award date
FY09 California Emergency Management Agency Page 19
APPENDIX B- GOVERNING BODY RESOLUTION
BE IT RESOLVED BY THE
SAMPLE RESOLUTION
Body)
OF THE THAT
(Name of Applicant)
(Name or Title of Authorized Agent)
(SM
(Name or Title of Authorized
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the
laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance
provided by the federal Department of Homeland Security and sub -granted through the State of California.
Passed and approved this day of 20
Certification
1, 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
day of
,20
(Official Position)
(Signature)
(Date)
FY09 California Emergency Management Agency Page 20
0 0
APPENDIX B- GOVERNING BODY RESOLUTION
INSTRUCTIONS
Purpose The purpose of the Governing Body Resolution is to appoint individuals to act on
behalf of the governing body and the applicant.
Authorized The Governing Body Resolution allows for the appointment of individuals or
Agent(s) positions. For each person or position appointed by the governing body, submit the
following information, with the resolution, to the state on the applicant's letterhead:
❑ Jurisdiction
❑ Grant Program
❑ Name
❑ Title
❑ Address
❑ City
❑ Zip Code
❑ Telephone
❑ Fax #
❑ Cell Phone #
❑ E -Mail Address
Authorized If the Governing Body Resolution indentified Authorized Agents by
Agent position and/or title, changes can be made by submitting new
Changes Authorized Agent information to the State.
• If the Governing Body Resolution identifies the Authorized Agent by name, a
new Resolution is needed when any changes are made. The information list
above must be submitted with the new Resolution.
FY09 California Emergency Management Agency Page 21
APPENDIX C- STATE AGENCY FORMS
SIGNATURE AUTHORITY
AS THE
(Secretary/Director / President / Chancellor)
OF THE
(Name of State Organization)
1 hereby authorize the following individual(s) to execute for and on behalf of the named state
organization, any actions necessary for the purpose of obtaining federal financial assistance provided
by the federal Department of Homeland Security and sub -granted through the California Emergency
Management Agency.
(Name or Title of Authorized Agent)
, OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
Signed and approved this day of
20
(Signature)
FY09 California Emergency Management Agency Page 22
0
0
APPENDIX C- STATE AGENCY FORMS
FY 2009 PROJECT NARRATIVE
Applicant (state organization
NOTE: Complete a separate Proiect Description for each Proposed proiect
Project Title:
State Strategy Goal and Objective Supported by the
Indicate the State Priority Supported by the Project:
Interoperable Communications
_ Catastrophic Planning
_ Medical Surge
_ Citizen Preparedness and Participation
_ Mass Prophylaxis
_ Critical Infrastructure Protection
_ Training for First Responders
Food and Agriculture Safety
Provide a detailed description of the proposed project and how it supports the state priority
indicated.
For construction and/or renovation projects, provide the following additional information:
• A description and location of the facility;
• A description of the vulnerability assessment and the date the assessment was conducted (the
assessment does not have to be submitted with the application);
• A description of how the proposed project will address the vulnerabilities identified in the
assessment;
• A description of the consequences if the project is not funded under HSGP FY09
Please check the appropriate box:
❑ Our agency currently has spending authority for the requested funds.
❑ Our agency does not currently have spending authority for the requested funds. See below for
explanation:
FY09 California Emergency Management Agency Page 23
APPENDIX D- FY09 SUBGRANTEE APPLICATION CHECKLIST
Subgrantee:
CaIEMA Regional Rep:
OPERATIONAL/URBAN AREAS
4 Approval Authority & POC Information
4 Approval Authority Body form
Governing Body Resolution (Certified)
Grant Assurances (Signed Originals)
Financial Management Forms Workbook
Application Cover Sheet
Grant Management Roster
Project Description
Project Ledger
Equipment Inventory — Ledger
Training Roster
Exercise Roster
Planning Ledger
Authorized Agent Form
Narrative Attachments:
TLO Roster
CAL JRIES Access
25% Preparedness Planning
25% Law Enforcement
Training w/AAR/Exercise Detail
Special Needs Populations
FIPS #:
STATE AGENCIES
Signature Authority — Authorized Agent
Project Narrative Form
Grant Assurances (Signed Originals)
Financial Management Forms Workbook
Application Cover Sheet
Grant Management Roster
Project Description
Project Ledger
Equipment Inventory — Ledger
Training Roster
Exercise Roster
Planning Ledger
Authorized Agent Form
Narrative Attachments:
TLO Roster
CAL JRIES Access
25% Preparedness Planning
25% Law Enforcement
Training w/AAR/Exercise Detail
Special Needs Populations
FY09 California Emergency Management Agency Page 24
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California Emergency Management Agency
FY09 Grant Assurances
(All HSGP Applicants)
Name of Applicant: (i17y of SiONJ'ys1V G,¢�oiSTiO4�/D
Address: 3.24100 /'ASJ-o AO�L4NTt7
City: SAWN2'104N G4pis7wee10 State:
C.4.
Zip Code: YZ67S
Telephone Number: Fax Number:
E -Mail Address: --77' •o
As the duly authorized representative of the applicant, I certify that the applicant named above:
Has the legal authority to apply for Federal assistance and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA) and sub -granted through the State of California, California Emergency Management
Agency (Cal EMA).
2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between programs (State Homeland Security Program, Urban Area Security
Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years.
Will comply with any cost sharing commitments included in the FY09 Investment Justifications
submitted to DHS/FEMA/Cal EMA, where applicable.
4. 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, or documents related to the award;
and will establish a proper accounting system in accordance with generally accepted accounting
standards and/or awarding agency directives.
Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline
level of capability as defined by the Fusion Capability Planning Tool,
6. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
8. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
9. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
10. 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.
11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees
shall use small, minority, women -owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
12. Will notify Cal EMA of any developments that have a significant impact on award -supported
activities, including changes to key program staff.
13. 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.
14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from DHS/FEMA/Cal EMA.
15. Will comply with all Federal Statues relating to Civil Rights and Nondiscrimination. These
include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683
and 1685-1686), which prohibits discrimination on the basis of gender.
C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
Y
0 0
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1,
16. Will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-6461) which
provides for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally assisted programs. These requirements apply to all interested in
real property acquired for project purposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally -assisted programs.
17. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
18. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
19. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, communications
towers, physical security enhancements, new construction and modifications to buildings that are
fifty (50) years old or more. Any construction related activities initiated prior to full EHP review
will result in a noncompliance finding. If ground -disturbing activities occur during the project
implementation, the recipient must ensure monitoring of the disturbance. If any potential
archeological resources are discovered, the recipient will immediately cease activity in that area
and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office.
20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)
List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consideration for listing by the EPA.
21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (EO 12898) and Environmental
Quality (EO 11514).
b. Notification of violating facilities pursuant to EO 11738.
C. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93-523).
f California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
22. 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.
23. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEMA's
Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEMA's Grant Programs Directorate or the US. Department of
Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security. "
24. Acknowledges that DHS/FEMA reserves a royalty free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights
of copyright to which a recipient or sub -recipient purchases ownership with Federal support.
25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
26. Has requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
0
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.
27. 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).
28. 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.
29. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
30. 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 warn blooded
animals held for research, teaching, or other activities supported by this award of assistance.
31. 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.
32. 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.
33. 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.
34. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
35. 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.
36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with
Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance
and use of Federal funds for Federally assisted projects.
37. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB
Circular A-122).
40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
41. Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial
Management Guide.
42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2009 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Page 6
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2009 Homeland Security Grant
Program application. Further, use of FY09 funds is limited to those investments included in the
California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated
through the peer review process.
43. 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".
44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a. The applicant certifies that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
ii. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs;
and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
Page 7 Initi
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N. W.
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
46. 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.
47. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Aaent: .Toe 774,1.7—
Title:
i4,1T
Title: G/ 7'Y/019N.46£/4Z Date:
0
E
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject:
COUNCIL, COMMISSION, BOARD, AND
STAFF TRAVEL EXPENSES
Effective
Policy
Page Date
Number
1 of 1 5/19/92
108
It is a policy of the City Council that the following guidelines with reference to
Council, Commission, Board, and staff travel expenses are adopted. Refer to the City's
Administrative Policy Manual for specific provisions.
Transportation
Standard or economy class air transportation should be used for long distance intra-
state or inter -state travel. Exceptions to this mode of travel would be when the
nature of the business requires the City representative to arrive at the destination
within a certain time frame and/or when only first class transportation
accommodations are available. The City will not pay for spouse or family
transportation costs.
Lodging
The City will pay for actual costs of adequate lodging for City Council members,
Commission, Board members, and staff only. When a spouse accompanies the
City representative, it is their own responsibility to pay the difference in lodging costs
between the single and the double rate.
Meals
The City will pay the actual expenses for meals for the City representative only.
IV. Incidental Expenses
The City will pay for such incidental expenses as necessary in the conduct of City
business while away from the City. Such incidental expenses may include lunches
or dinners with other officials for business that would directly benefit the City or such
miscellaneous items as taxis, buses, parking, tips, etc., which will be reimbursed on
an actual cost basis.
D
DATE ADOPTED
CITY MANAGER
E
ADMINISTRATIVE POLICY.
12/8/97
TRANSPORTATION AND TRAVEL
REIMBURSEMENT
40
POLICY NO. 506
PAGE I OF 4
EXPENSES; MILEAGE
PURPOSE: To establish a uniform policy and procedure for reimbursing officers and
employees for travel, meeting, and out-of-pocket expenses incurred while on
official business.
I. GENERAL POLICY
H.
Any officer or employee who is required to travel in the performance of his or her duties or
to attend an authorized meeting or conference which is of benefit to the City, or entertain
guests on behalf of the City, shall be reimbursed for reasonable expenses incurred for
transportation, meals, lodging and incidentals.
ADVANCE APPROVAL
All overnight travel at City expense for Management and Classified employees shall be made
only upon authorization of the Department Head with the approval of the City Manager.
Executive employees shall obtain the authorization of the City Manager prior to any overnight
travel at City expense. The Travel Approval form should be submitted to the City Manager
by all employees three weeks prior to the departure date if possible.
Any travel out of state shall be limited to Members of the City Council, the City Manager, and
Executive employees, except in rare or unusual circumstances, and must be approved in
advance.
Officials and employees are expected to exercise good judgement in the type of expenses
incurred while traveling. Expenses for spouse or members of the employee's family who
accompany the employee on a trip are not reimbursable. Expense reports can reflect only
authorized expenses allowed by the City and incurred for transportation, meals, lodging, and
incidentals subject to the following guidelines:
ADMINISTRATIVE POLICY POLICY NO. 506
PAGE 2 OF 4
S T• TRANSPORTATION AND TRAVEL EXPENSES
A. Air Transportation
Coach airplane travel is the standard mode for travel over 600 miles round trip, since
this is usually the most economical in time and money. In most instances, travel under
600 miles round trip should be by auto, train or bus. First class jet air transportation
may be authorized, however, if this is the only available air transportation or delay
would result in additional expense for lodging, meals, etc. If the official or employee
wishes to drive their own vehicle rather than fly, advance approval of the City
Manager's Office is required. In such instance, the official or employee shall be
reimbursed the equivalent of round trip airfare or the appropriate mileage, whichever
is less.
B. Classified and Management Employee Auto Travel
Classified and Management employees may be reimbursed for travel in their own
vehicle when using it for official City business. Mileage reimbursement will be made
when Classified and Management employees use their own personal vehicle for
transportation to meetings, field sites, conferences, seminars, etc. that are work related
or authorized by their Department. Reimbursement for travel shall be made to
employees on a per mile basis at a rate established by City Council resolution. Mileage
shall be documented on an individual car mileage report and submitted on a monthly
basis.
C. City Council Auto Travel
City Council Members may be reimbursed for travel in their own vehicle when using
it for official City business outside the City limits. Mileage reimbursement will be made
when City Council Members use their own personal vehicle for transportation to
meetings, field sites, conferences, seminars, etc. that are work related or authorized by
the City Council. Reimbursement for travel shall be made on a per mile basis at a rate
established by City Council resolution. Mileage shall be documented on an individual
car mileage report and submitted on a monthly basis.
D. Travel in City Vehicles
Employees may utilize City vehicles when circumstances warrant it. When traveling in
a City vehicle, receipts should be secured for the purchase of gas, oil, and other
supplies necessary en route. These amounts should be shown on the expense report
ADMINISTRATIVE POLICY POLICY N0, 506
PAGE 3 OF 4
SUBJECT: TRANSPORTATION AND TRAVEL EXPENSES
with a notation that a City vehicle was used, indicating the equipment number or make
of the vehicle. The amount of the charges should be typed opposite the transportation
category. If emergency repairs are necessary, they should be paid for by the person to
whom the car is assigned. All receipts for such payments must be furnished in order
to obtain reimbursement.
Hotel accommodations should be appropriate to the purpose of the trip.
Reimbursement for lodging expenses shall not exceed the single room rate established
for the particular meeting or conference. Receipts for hotels must be provided in order
to obtain reimbursement.
F. Meals
Expenses for meals, including gratuities, will be reimbursed at actual cost. Receipts for
meals must be provided in order to obtain reimbursement.
Reimbursement of meal expenses incurred when entertaining guests on behalf of the
City shall be allowed providing itemized receipts are provided detailing the guest's
name, position, and organization. Such expenses shall be limited to guests of the
following nature:
-Advisory Board or Commissions
-Oral Interview Boards
-Such other guests at meetings or conferences as reasonably home by City expense as
recommended by the Department Head and approved by the City Manager.
G. Other Expenses
Reimbursement for reasonable costs incurred for the following incidental expenses shall
be permitted providing such expenses are itemized on the Expense Report:
-Registration Fees
-Tips, Gratuities, Checking
-Taxi, Bus, Limousine Fares
-Business Phone Calls, Faxes and Telegrams
-Such Other Justifiable Incidental Expenses
n
U
ADMINISTRATIVE POLICY
SUBJECT: TRANSPORTATION AND TRAVEL EXPENSES
IV. EXPENSE ADVANCE
11
POLICY NO. 506
PAGE 4 OF 4
Officials and employees may obtain advance payment of the estimated cost of travel by
making application on the Travel Approval Form (see example). City Manager approved
advance requests for expenses must be submitted to the Department of Administrative
Services two weeks prior to departure date to allow for processing a check.
Advancing of monies for travel expenses does not constitute approval for the expenditure of
the entire amount advanced, as all expenditures must be verified upon the employee's return.
It is imperative that receipts be obtained for expenses. Department Heads should use credit
cards to pay for as many authorized expenditures as possible.
To be reimbursed for expenses, a City Manager approved Travel Approval Form must be
received by Administrative Services in order for employee reimbursement of overnight travel
expenses. The employee should complete and sign the Expense Reporting Claim Form (see
sample), attaching all receipts and charge tickets, upon returning and in no case later than
seven days after returning to San Juan Capistrano. The completed form must be reviewed and
approved by the Department Head to insure conformance with this policy. The City Manager
will approve reimbursements for Department Heads. The Expense Reporting Claim Form
shall be submitted to the Department of Administrative Services for processing and check
issuance. The Department of Administrative Services shall report any significant deviations
in the estimated and actual expense of the travel.
If the employee received an expense advance in excess of the cost of travel, the difference
must be refunded to the City at this time. If the expense advance did not meet the costs of
the travel, a reimbursement check shall be issued.
0
ADMINISTRATIVE POLICY
DATE ADOPTED 6/l/86
REVISED 11/01/06
CITY MANAGER
SUBJECT: PURCHASING GUIDELINES
F
POLICY NO. 507
PAGE I OF $
PURPOSE: To establish and clarify an orderly method for the procurement of supplies,
equipment and other commodities.
The City has established procurement procedures (Municipal Code Section 3-4.201 et seq.) supplies
and equipment, and City Council policy 112 for the procurement of personal services. The purpose
of this policy is to clarify the specific actions necessary for procurement.
I. PROCURFMENT RESPONSIBILITY
A. The Administrative Services Department will be responsible for procurement of
services, supplies and equipment related to organization -wide use of central services.
This will include City letterhead, xerographic supplies, postage supplies, telephone
equipment, computer equipment, office equipment maintenance contracts, central
office supplies, and vending/coffee supplies.
B. Public Works, Maintenance Division, will be responsible for procurement of
custodial supplies, uniforms, building maintenance supplies, maintenance contracts
and repair materials.'
C. Individual departments will be responsible for procurement of all services, supplies
and equipment budgeted annually in their operating budget with the exception of the
above mentioned items.
II. PROCUREMENT METHODS
The services, supplies and equipment procured by the City are broken down into four (4)
basic categories:
Public Works and Water Works Projects under the Uniform Public Construction Cost
Accounting Procedures
Personal Services
Supplies and Equipment (Over $10,000)
Supplies and Equipment ($10,000 or less)
A.
City public works projects are subject to the procedures set forth in the California
Uniform Public Construction Cost Accounting Act.
Public Project means any of the following:
1. Construction, reconstruction, erection, alteration renovation, improvement,
demolition, and repair work involving any publicly owned, leased, or operated
facility.
2. Painting or repainting of any publicly owned, leased or operated facility.
3. In the case of a publicly owned utility system, "public project" shall include
only the construction, erection, improvement, or repair of dams, reservoirs,
power plants, and electrical transmission lines of 230,000 volts or higher.
Public Project does not include maintenance work. Maintenance work includes all of
the following:
1. Routine, recurring, and usual work for the preservation or protection of any
publicly owned or publicly operated facility for its intended purposes.
2. Minor repainting.
3. Resurfacing of streets and highways at less than one inch.
4. Landscape maintenance, including mowing, watering, trimming, pruning,
planting, replacement of plants, and servicing of irrigation and sprinkler
systems.
5. Work performed to keep, operate, and maintain publicly owned water, power,
or waste disposal systems, including, but not limited to, dams, reservoirs,
power plants, and electrical transmission lines of 230,000 volts or higher.
During November ofeach year, the Public Works Director or his designee shall mail
a written notice to all construction trade journals described under Section 22036 of
the Public Contract Code, inviting all licensed contractors to submit the name of their
fun for inclusion on the City of San Juan Capistrano list of qualified bidders for the
following calendar year.
The notice will require the contractor to provide the name and address to which a
Notice to Contractors or Proposal should be mailed, a phone number at which the
contractor may be reached, the type of work in which the contractor is interested an
currently licensed to do (earthwork, pipelines, electrical, painting, general building,
etc.) together with the class of contractor's license(s) held and contractor license
number(s).
The Public Works, Director or his designee will create a new contractor's list starting
2
January 1" of each year and will, maintain the list on the City's shared drive. Any
contractor's nae maybe included on the list; but the list must include at a minimum
all coritSactor$ who have properly provided, the City with the information required,
either during the calendar year in which the list is valid or during November or
December, of the previous year. 4 confi�etor may have his firm added tcr:Jlme
contractors list at any time by providing the required information on—,the
"Contractor's Pre -Qualification Application" and mailing it to the Public Works
UPCCAP Bidding Procedures
Public Proiects of $30,000 orless may be performed by employees of the City or by
negotiated contract. Three informal bids will be obtained and a negotiated contract
will be entered into with the lowest bidder.
Public Proiects of $30,000 to $125,000 will be done by informal bid procedures
pursuant to Public Contract Code Section 22030. A notice inviting informal bids
will be mailed to all contractors on the City list of qualified bidders for the category
of work to be bid, and to all construction trade journals in accordance with Section
22036 of the Public Contract Code. Additional contractors and/or constructions trade
journals may be notified at the discretion of the Director, provided however,
If there is no list of qualified contractors maintained by the Public
Works Director for the particular category of workk to he performed,
the notice inviting bids shall be sent only to the construction trade
journals described under Section 22036 of the Public Contract Code.
2. If the prodwt or service is proprietary in nature such that it can be
obtained only from a certain contractor or contractors, the notice
inviting bids may be sent exclusively to such contractor or
contractors,
All mailing of notices to contractors and construction trade journals shall be
completed not less than 10 calendar days before bids are due. The notice inviting
informal bids shall describe the project in general terms and bow to obtain more
detailed information about the project, and state the time and place for submission of
bids. The City Manager is authorized to award contracts up to $125.000 under the
informal bid procedures.
Public Projects over $125.000 must be done by formal bidding procedures in
compliance with Section 22037 of the Public Contract Code, and be approved by the
City Council. The notice inviting formal bids must state the time and place for the
receiving and opening of sealed bids and distinctly describe the project. The notice
must be published at least 14 calendar days before the date of opening the bids in a
newspaper of general circulation, printed and published in the jurisdiction,of the city:
or, if there is no newspaper printed and published within the city, in a newspaper of
general cirettlation which 19 circulated within the jurisdiction of the city, or if there is
no newspaper which is circulated =within thejurisdiation of the city, publication shall
be by posting the notice in at least three places within the jurisdiction of the city as
havebeen designated by ordinance or regulation of the city as places for the posting
of its notices. The notice inviting formal bids will also be mailed to all construction
trade journals specified in Public Contract Code Section 22034. The notice to the
construction trade journals must be mailed at least 30 calendar days before the date of
opening the bids. In addition to tate notice required under this section, the City may
give such other notice as it deems proper.
Reiection of Bids, Failure to Receive Bids, Options
In its discretion, the City may reject any bids presented, if the City, prior to rejecting
all bids and declaring that the project can be more economically performed by
employees of the City, furnishes a written notice to an apparent low bidder. The
notice shall inform the bidder of the City's intention to reject the bid and shall be
mailed at least two business days prior to the hearing at which the City intends to
reject the bid. If after the fust invitation for bids, all bids are rejected, after
reevaluating its cost estimates of the project, the City shall have the option of either
of the following:
1. Abandoning the project or re -advertising for bids in the manner set forth in this
policy.
2. By passage of a resolution by a four-fifths vote of the City's governing body
declaring that the project can be performed more economically by the employees
of the City, may have the project done by force account without further
complying with this policy.
3. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If
two or more bids are the same and the lowest, the City may accept the one it
chooses.
4. If no bids are received through the formal or informal procedure, the project may
be performed by the employees of the City by force account, or negotiated
contract without further complying with this policy.
B. Personal Services
These services are governed by City Council Policy No. 112 and include most
services contracted for by the City. Contracts for personal services should not be
broken up into increments of $15,000 or less to avoid the bidding process and/or City
Council approval. Whenever possible, at least one bid is to be obtained from a
vendor located within the City.
C. Supplies and Equipment (Over $10.000)
Supplies and equipment costing more than $10,000 must be obtained through formal
bidding procedures unless the City Manager determines, and the City Council
concurs, that an exception applies. Departments wishing to be exempted from the
formal procedures must submit a written justification to the City Manager.
The Department requiring a commodity shall prepare written specifications and
follow the procedure outlined in Section 3-4.305 of the Municipal Code. Once the
City Council has approved the acquisition, the department requesting the acquisition
shall forward a purchase requisition together with a copy of the agenda item and
contract to the Administrative Services Department for purchase order issuance,
before the order of any supplies or equipment may take place.
After City Council approval, the City Clerk will notify all bidders of the disposition
of the bid award.
It is the intent of the City Council to encourage uniform bidding, to endeavor to obtain full
and open competition, and to encourage purchasing from City vendors when they are
qualified providers. To these ends, the following guidelines are established;
Contracts for supplies and equipment should not be broken up into increments of $10,000 or
less to avoid the bidding process;
2. Whenever possible, at least one bid is to be obtained from a vendor located
within the City.
A five (5%) or greater price preference shall be given to recycled products,
reusable products offered as alternatives to disposable products, and products
designed to be recycled where they are offered as alternatives to non -
recyclable products. Purchase of products which cannot be recycled or
reused is strongly discouraged. (see Municipal Code Section 3-4.403.
Recycled Products).
4. Contracts which are processed annually for supplies and equipment (i.e.
water meters, office supplies), should be bid once a year.
D. Supplies and Equipment (Under $10,000)
Supplies and equipment and services costing $10,000 or less should be purchased
according to the following general guidelines:
I. Whenever possible, at least two (2) written quotes should be obtained for
equipment and supplies costing over $500. When it is not possible or
feasible to obtain written quotes, telephone quotes may suffice. All pertinent
vendor and price details are to be recorded on the purchase requisition and
copies of written documentation attached.
III. ORDERING/PAYMENT
Once a decision has been made to 'purchase a commodity and appropriate bidding
requirements have been met; there are seven methods to place the order and obtain payment
for the purchase. The guidelines for each of these methods are outlined as follows:
0
M
C
Check Requests
Check requests are generally issued for purchases of $500 or less, or where a
purchase order would not be expedient. The Administrative Services Department
may issue "off -cycle" checks under circumstances where time is of the essence or for
emergency purchases. As a general rule, departments are to plan their activities to
preclude the necessity to request an 'off -cycle" check.
Purchase Orders
A purchase order should be obtained and funds encumbered for all purchases and
contracts for services exceeding $500. To request that a purchase order be issued by
the Administrative Services Department, a department should submit a standard
Purchase Requisition completed in its entirety including account number, shipping
charges, sales tax and other complete information.
Purchase requisition forms should reflect the names of competitive bidders and the
amounts of such bids. Whenever written bids have been obtained, copies of the
vendor's written bid is to be attached to the Purchase Requisition as evidence of
compliance with City purchasing guidelines.
A purchase order is to be obtained before purchasing the commodity or service.
Purchase orders cannot be issued for commodities when sufficient funds are not
available.
Petty Cash
In some instances, the cost of items is under $50 and does not justify the cost of
writing a check. In these instances, a department may make a purchase and be
reimbursed by petty cash. Petty cash reimbursement forms are obtained through the
0 0
Department of Administrative Services.
D. Open Purchase Orders
The City maintains open purchase orders which allow designated personnel to charge
items with vendors. Open purchase orders are issued when merchandise is purchased
on an on-going basis from a vendor. Funds are encumbered and upon approval of
invoices, payments are made. Open accounts are established by the Administrative
Services Department at the request of the departments. Beginning each fiscal year,
an annual purchase order is created and a list of authorized signatures is sent to the
City Manager and the Administrative Services Department for approval. Only
personnel specifically identified on the purchase order are authorized to procure
items. A signed receipt must be turned in to the Administrative Services Department
after each purchase.
Open purchase orders are not to exceed $10,000 in a fiscal year without justification
to waive bidding procedures.
E. Transportation and Travel Expenses
Any employee who is required to travel in the performance of duties can be
reimbursed or advanced for expenses. In accordance with Administrative Policy
#506, the proper forms must be completed.
F. CAL -Card Program
The CAL -Card purchasing program is a State of California purchasing program set
up for designated employees of participating cities to make purchases within dollar
value and commodity group restrictions established by the City and the Department
Head. The Cal -Card is to provide an efficient, cost-effective alternative for the
purchase and payment of small dollar expense items. It is intended for use only by
the employee it is issued to, and may not be used by anyone other than the authorized
employee. Whenever possible the CAL -Card should be used in place of petty cash.
Procedures for the use of the CALrCard are established in the CAL -Card Purchase
Card Policy and Procedures Guide.
G. Cardlock Fuel System
The Cardlock fuel system is a fuel purchasing and management system this is for use
by designated employees for the purchase of fuel for city vehicles at participating
gasoline and cardlock locations in Southern California. The Cardlock fuel program
will be maintained and monitored by the Public Works Department.
0 0
IV. SURPLUS SUPPLIES AND EQUIPMENT
All departments shall submit to the Purchasing Officer, on a semi-annual basis, a report
describing all supplies, equipment, materials, fixtures, and other personal property of the City
which is deemed to be surplus, or which has become obsolete or unserviceable.
This report should include an estimated salvage value, if any, and a recommended method of
disposal. The purchasing officer will provide approval on the method of disposal.
V. PROCESS MONITORING
The Administrative Services Department shall be responsible for monitoring this process and
reporting any problems or deviations to the City Manager.
##
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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 Govemmentwill undercertain
circumstances, make available financial assistance and/or property and/or programs that
support emergency planning for homeland security.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby authorize the City Manager, Administrative Services Director,
or Public Works Director to execute for and on behalf of the named applicant, a public
entity established under the laws of the State of California, any actions necessary for the
purpose of obtaining federal financial assistance provided by the federal Department of
Homeland Security and or the State of California.
PASSED, APPROVED, AND ADOPTED this 151 day of August 2006.
c
MAX "' "' ISUI[ 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 1" day of August 2006, by the following vote:
AYES: ffIL ME BERS: Hart, Bathgate, Allevato, Soto and Mayor Swerdlin
NOES:IL M BER: None
ABSENIII MBER: None
2644 SANTIAGO CANYON RD.
SILVERADO, CA 92676-9791
(714)647-7000
March 1, 2010
Dear Sir or Madame:
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SHERIFF -CORONER DEPARTMENT
SANDRA HUTCHENS
COUNTY OF ORANGE
SHERIFF -CORONER
CALIFORNIA
Attachment A: FY09
California Supplement to
Federal Program Guidelines
Included for reference
UNDERSHERIFF
Included for reference
JOHN L. SCOTT
Please have your authorized agent
sign
EXECUTIVE COMMAND
Provide a copy of your Governing
Body Resolution
RICK DOSTAL
MICHAEL R. HILLMANN
MIKE JAMES
HOMELAND SECURITY DIVISION
COMMANDERS
TIM BOARD
JAY LEFLORE
W. DAVID WILSON
The Orange County Sheriff -Coroner Department (Sheriffs Department), acting on behalf of the Orange
County Operational Area, has received authorization to begin spending of FY09 Homeland Security
Grant Program ("HSGP") funds. These funds include:
- State Homeland Security Grant Program (SHSP), and
- Metropolitan Medical Response Systems (MMRS).
In order to reimburse you for any future expenditures you may be approved for relating to the FY09
HSGP, we need to establish a transfer agreement between our agencies. For this purpose, enclosed
please find four copies of the Agreement to Transfer Property or Funds for 2009 Homeland Security
Grant Program ("Agreement'). Below is a brief description of the components of these Agreements and
needed actions associated with them:
Transfer Agreement, plus
attachments
Please have your authorized agent
sin page 4 of the Agreement
Please have your City Clerk sign and
seal page 4 of the A eement
Attachment A: FY09
California Supplement to
Federal Program Guidelines
Included for reference
Attachment B: Approved
Project Descriptions
Included for reference
Attachment C: FY09 Grant
Assurances
Please have your authorized agent
sign
Governing Body Resolution
(sample in Attachment A, page 20)
Provide a copy of your Governing
Body Resolution
PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES:
ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO
RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK
OC PARKS • DANA POINT HARBOR . JOHN WAYNE AIRPORT . OCTA SUPERIOR COURT
A40,064
/V/14
-4-4 - 4-4
- CO.»//RT Tiwlt.✓
DRUG USE
IS 11
AB
Page 2 of 2
March 1, 2010
Please return the following to my attention at the address below:
• Three (3) completed copies of the agreement;
• Copy of travel policy;
• Copy of purchasing policy; and
• Documentation of NIMnS compliance.
• �D✓E�A/iN4•Baoir TCSoCU7/eY/
Please retain one complete copy of the submission for you records. Upon receipt of the agreements, the
Sheriff will provide the final signature and we will return an original, fully -executed agreement to you.
If you have any questions or need additional information, please contact me at manderson@ocsd.org or
714-628-71%
Sincerely,
Michelle Anderson
Grants Manager, Homeland Security Division
Orange County Sheriff's Department
2644 Santiago Canyon Road
Silverado, CA 92676
0
March 31, 2010
Maria,
0
Attached is FY 09 Homeland Security Grant Program documentation package for the
Clerk's signature as follows:
• Enclosed are four original signed copies of Transfer Agreement. Clerk signs all
four and keeps one for City records.
• Enclosed is one set of Travel policy, Purchasing policy, NIMS compliance and
Governing Body Resolution to be mailed with grant package.
• Sign, certify, etc and mail to Michelle Anderson (her address is listed on enclosed
cover letter).
• Please save paper and only provide me with a copy of your cover letter to Ms.
Anderson.
Any questions, let me know.
Thank you.
Michael Cantor
0
32400 PASEO ACIELANTO
SAN JUAN CAPISTRANO, CA 92875
(949) 4931171
(949) 4931053 FAX
www.sanjuancapistrano. otg
TRANSMITTAL
April 5, 2010
TO:
Homeland Security Division
Orange County Sheriffs Department
Attn: Michelle Anderson
2644 Santiago Canyon Road
Silverado, CA 92676
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEWTO
LAURA FREESE
THOMAS W. HRIBAR
MARKNIELSEN
DR LONDRES USO
RE: Agreement to Transfer Property or Funds for 2009 Homeland Security Grant Program
Purposes.
Enclosed:
(3) Original, executed Agreement to Transfer Property or Funds for 2009 Homeland
Security Grant Program Purposes
(1) Copy of the City's Travel Policy
(1) Copy of the City's Purchasing Policy
(1) Copy of Document of NIMS compliance.
(1) Copy of Resolution No. 06-08-01-03
Please contact Michael Cantor, Senior Management Analyst at (949) 234-4565, With questions
regarding the agreement.
CC: Michael Cantor, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
0 P6.tW on 100% recyde Paper