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10-0401_ORANGE, COUNTY OF_Agreement1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • Cj 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 Page ] of 4 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 Page 3 of 4 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 .4410p✓ALl C/T ,477WA1,FY GY9 0: 3J�77° C/Ty off' JS4W rO.WGAASreatro V 9.9 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 1 0 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 0 0 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 A t± Rs F— .:w CL 0 O y O O L U y •G G QC N O 42 y C G = O C w W � Sp 0 .� O C �.. 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O aWa a �ao:C PM PF aLW aP:�Q MU r�r y un N Ln c' 0 .� .0 Foo U a— W � td 6 � •� Vi � �' y — cv a• p o• 5Y3r�y. v oy 3 ++ L `o W s 0° E s v Q O • �F p LLn y 4� � W C a end ed L[1 O 0 a y.o n 'b p CF 0 W N 'O b 7 •C ry.. W y ado y 4 0 F c$ v a c 0c r i cd X o c y' ob v o v > w. o 50'v �•� °o o y,b > e «'�L>�.E q c V .c° o. 0 a°'> a° xNam°'o�av A 3cd 0_> oa id y c w W'o a •�'v, y c c 'O �cd 2 .0 tL�• W x 'a N C CN OImo. E .0 V) y O. SC N 0 p ti y id a0+ 'C y A .p 07 a) 00 b o U H L 3 a o? c a Cd 0 m w 00 = oar y V] y U oona«,�c`'�3�n C N 0 o N G N to o� F o72. F-zQa N.C.0 C a �oOc `+ 'a W � O �y a tv� Q iLl V W O � iG 0 0 0 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. ## NIMSCAST - Dashboard u NIMS Compliance Assistance Support Tool (NIMSCAST) I-Y�009 NIMS Implementation Metrics Assessments Manage CAPs Manage Snapshots Manage Guidance Submit for Rollup Reports Review Rollup CAPs Manage Sub -Accounts Manage Permissions User Search Account Search User Activity Log Search Email Users Edit this Account Edit User Profile Change Password Feedback Log Out Resource,; About NIMSCAST User's Guide [pdf) Acronyms Glossary Announcements - Frequently Asked Questions Implementation Guidance NIMS NIMS FAQ Search Search FEMA Go » Advanced Search E Page 1 of 2 City of San Juan Capistrano Michael Cantor [Admin] [Current Account) » USA » Region 9 » California » QQuestions/Comments Orange » City of San Juan Capistrano Responses successfully rolled up. << Go Back. NIMS Compliance Assistance Support Tool FY2009 NIMS Implementation Objectives Last Update Date: 2010- and Metrics for Local Governments 4/4 °2-25 Printable version (poll)� Last Rollup Date: 2010- 02-25 i Sections Complete FY2009 FY2009+ i I] NIMS Adoption Implementation Objectives 4/4(100%) 4/4 (92%) (100%) - -- — ........... I] Preparedness: Planning Implementation 2/2(100%) 1/2(50%) 1 Objectives j El Preparedness: Training Implementation 7 / 7 (100%) 6 / 7 (65%) Objectives IE Preparedness: Exercises Implementation ( Objectives 3/3(100%) 3/3 (100%) 2 Communications and Information Management 212(100%) 2/2 i Implementation Objectives (100°/x) O Resource Management Implementation Objectives ❑+ Command and Management Implementation Objectives Overall i https://www.fema.gov/nimscast/RollupCreateOnFirstRollup.do?a=52773&m=ML2009 2/25/2010 --- ------ 4/4(100%) 4/4 (100%) - ---------i 4 4/4(100%) /4 (100%) 26/26 24/26 (100%) (92%) https://www.fema.gov/nimscast/RollupCreateOnFirstRollup.do?a=52773&m=ML2009 2/25/2010 0 0 RESOLUTION NO. 06-08-01-0s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE CITY APPLICANT'S AGENT FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL DEPARTMENT OF HOMELAND SECUIRTY AND THE STATE OFFICE OF EMERGENCY SERVICES WHEREAS, the State of California and/or the Federal Government, under certain circumstances will declare the County of Orange, including the City of San Juan Capistrano, as a disaster area; and, WHEREAS, the State of California and/or the Federal Government, under certain circumstances, will make available financial assistance for declared disasters; and, WHEREAS, the State of California and/orthe Federal 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: 0 0 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