HomeMy WebLinkAbout04 - Homeland Security Grant Programs Transfer AgreementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
April 28, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
John Klein, Chief of Police, 644 3701, JKlein @nbpd.org
Craig Fox, Lieutenant; 644 3710, CFox@nbpd.org
SUBJECT: EXECUTION OF FISCAL YEAR 2008 HOMELAND SECURITY GRANT
PROGRAMS TRANSFER AGREEMENTS
Adopt Resolution No. 2009 _ authorizing the Police Chief, the Fire Chief, and City
Manager to act as "Authorized Agents" to execute the necessary documents in
conjunction with the attached Agreements.
DISCUSSION:
The Orange County Sheriffs Department, acting on behalf of the Orange County
Operational Area, has requested that the City Council approve for signature the
Transfer Agreement Letter for the Fiscal Year 2008 Homeland Security Grant Program
funds. The Agreement has been signed by Sheriff Sandra Hutchens. The Transfer
Agreement Letter includes:
1. Agreement to Transfer Property or Funds for the 2008 Homeland Security Grant
Program Purposes. This Agreement requires the signature of an authorized
agent and the City Clerk.
a. This Agreement encompasses the following grant programs:
i. 2008 State Homeland Security Grant Program (SHSP)
ii. 2008 Law Enforcement Terrorism Prevention Plan (LETPP)
iii. 2008 Metropolitan Medical Response System (MMRS)"
*Anaheim, Huntington Beach, and Santa Ana only
FY 2008 Homeland Security Grant Programs
April 28, 2009
Page 2
2. Attachment A — FY 08 California Supplement to Federal Program Guidelines.
3. Attachment B — Approved Project Descriptions *.
4. Governing Body Resolution - This document requires execution by the City
Council naming one to three authorized agents. Authorized agents are allowed
to sign documents on behalf of the City.
Office of Homeland Security Grant Assurances — This document requires the
signature of one of the authorized agents named in the Governing Body
Resolution.
Three original documents are to be returned to the Orange County Sheriff's Department
after signature.
*Funding from this grant will allow the City to acquire the following:
1. Improve communications within and between the County Operational Area
EOC. and the City's EOC by enhancing the use of WebEOC, and upgrading
the Radio Amateur Civil Emergency Service (RACES) repeaters so they are
narrowband and P25 capable.
2. Strengthen Chemical, Biological, Radiological, and Nuclear Explosive
(CBRNE) response and decontamination equipment. Replenish and
improve existing fire and police personal protective equipment (PPE).
3. Enhance the County's Terrorism Liaison Officer (TLO) Program. This will
enhance the City's ability to receive timely information on any terrorist
threats from the Department of Justice and the Orange County Intelligence
Assessment Center (OCIAC).
4. Provide National Incident Management System (NIMS) Training and other
catastrophic event training to all public employees.
5. Increase the Strategic National Stockpile (SNS) capabilities and equipment,
which can be accessed by any jurisdiction in Orange County during a
public health emergency such as a terrorist attack, flu outbreak, or an
earthquake severe enough to cause local supplies to run out.
FY 2008 Homeland Security Grant Programs
April 28, 2009
Page 3
Funding Availability:
Provided by Fiscal Year 2008 Homeland Security Grant Programs.
Prepared by:
Craig Fox, ,Lieutenant
Office of the Chief
Attachment: Transfer Agreement Letter
Resolution
Submitted by:
John <lein
CHI F OF POLICE
RESOLUTION NO. 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY MANAGER, CHIEF
OF POLICE, AND THE FIRE CHIEF TO ACT AS "AUTHORIZED
AGENTS" TO EXECUTE THE NECESSARY DOCUMENTS
RELATING TO THE FY 2008 HOMELAND SECURITY GRANT
PROGRAM TRANSFER AGREEMENT LETTER.
WHEREAS, the City of Newport Beach has partnered with the County of Orange
and other cities located within the County to participate in the FY 2008 Homeland
Security Grant. The City of Newport Beach has requested property available to it
under this grant that will be used for the public safety of its citizens.
WHEREAS, the Orange County Sheriffs Department is the administrator of the
FY 2008 Homeland Security Grant. The City is required to sign the Transfer
Agreement Letter and the Homeland Security Grant Assurances. The Sheriffs
Department requires . the naming of one to three authorized agents from within
the City to sign these documents on behalf of the City.
NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City
of Newport Beach:
Section 1. Authorize the City Manager, Police Chief, and Fire Chief to act as
Authorized Agents with the authority to sign documents as they relate to the FY
2008 Homeland Security Grant Program.
Adopted this 28th day of April, 2009.
MAYOR
ATTEST:
CITY CLERK
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2008 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this 28th day of April 2009, 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
City of Newport Beach a (municipal corporation/special district/not-for-
profit corporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff - Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
from the State of California, acting through its Office of Homeland Security, to enhance county -wide
emergency preparedness, hereinafter referred to as "the grant', as set forth in the grant documents that
are attached hereto as Attachments A (FY 08 CA Supplement to Federal Program Guidelines), B (2008
Homeland Security Grant Programs) and C (FY 08 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
pecified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
.",OUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
Icquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
fter acquisition by COUNTY as is reasonably practicable
2• If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said
rant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
).Perform such other grant functions, -if any, for which Attachments A, B and C permit SUBGRANTEE
Pagel of4
I to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
2 authorized agent.
3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and
5 shall make it available for mutual aid response.
6 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
7 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
8 equipment as are necessary, in order to keep said equipment in continually good working order. Such
9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall Ray for
10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the
11 said equipment.
12 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
14 technologies and/or services.
15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant- funded
17 equipment only in accordance with the instructions of COUNTY.
18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their
19 elected and appointed officials, officers, agents and employees from any and all claims and losses
20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
21 corporation furnishing or supplying work services, materials or supplies in connection with
22 SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's
23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims
24 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by
25 SUBGRANTEE in SUBGRANTEE's use of grant - funded equipment, technology or services and
26 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
Page 2 of
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immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
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
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,
SU13GRANME 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
'equired to provide to the agency from which COUNTY received grant funds or other persons or
igencies.
14. COUNTY may terminate this Agreement and be relieved of the payment of any
onsideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
i this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein
rovided, or b) COUNTY loses funding under the grant. In the event of term nation, COUNTY may
roceed with the work in any manner deemed proper by COUNTY.
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
J DATED:
APPROVED AS TO FORM:
COUNTY COUNSEL
2009 COUNTY OF ORANGE, a political
subdivision of the State of California
By �C21— gc�
Sher'' -Coron r
«C ,
By�
Nicole A. Sims, Deputy
DATED: ,2009
DATED:
ATTEST:
By
City Clerk
DATED: _ .2009
APP OVED AS TO RM:
off+ C—
City Attorney
SUBGRANTEE
M
LM
Page 4 of 4
Name of Applicant:.
Address:
City:
Telephone Number:
E -Mail Address:
Office of Homeland Security
FY08. Grant Assurances
(All HSGP Applicants)
State: Zip Code:
Fax Number:
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the federal Department of Homeland Security and sub - granted through the State of California,
Governor's Office of Homeland Security (OHS).
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is
prohibited from transferring funds between programs (State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System).
3. Will give the federal government, the General Accounting Office, the Comptroller General of the
United States, the State of California, through any authorized representative, access to and the
right to examine all paper or electronic records, books, papers, or documents related to the
award; and will establish a proper accounting system in accordance with generally accepted
accounting standards or awarding agency directives.
4. 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.
5. Will provide progress reports and such other 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 a report in the Grant Reporting Tool (GRT) twice each year.
6. Will initiate and complete the work within the applicable time frame after receipt of approval
from OHS.
7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments, including part 13.1
regarding the payment of interest earned on advances.
Page 1 Initials —
8. 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.
9. 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.
10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a
significant impact on award - supported activities, including changes to key program staff.
11. 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.
12. Understands and agrees 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 FEMA.
13. 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 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G.
j. Title 28, CFR, Part 35.
k. Any other nondiscrimination provisions in the specific statute(s) under which application
for federal assistance is being made, and
1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination.
m. The requirements on any other nondiscrimination statute(s) which may apply to the
application.._.,
n. Will, in the event a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the fording to the Office of Civil Rights, Office of Justice
Programs.
Page 2 Initials
o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
p. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention
Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of
the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
14. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et
seq. (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally assisted programs. These requirements
apply to all interested in real property acquired for project purposes regardless of federal
participation in purchases. Will also comply with Title 44 Code of Federal Regulations, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and federally - assisted
programs.
15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 (ten thousand dollars) or more.
16. 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 re- evaluation of compliance with these EHP requirements.
17. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of FEMA/OHS, including but not limited to communications towers,
physical security enhancements, new construction and modifications to buildings that are 50
(fifty) years old or more. Any construction related activities initiated prior to full environmental
and historic preservation (EHP) review will result in a non - compliance finding. If ground
disturbing activities occur during the project implementation, the recipient must ensure
monitoring of the ground disturbance and if any potential archeological resources are discovered,
the recipient will immediately cease activity in that area and notify OHS/FEMA and the
appropriate State Historic Preservation Office.
18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the EPA.
19. Will provide any information requested by FEMA/OHS to insure 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
Page 3
(EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental
Quality (EO115 14).
b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental
considerations.
c. Notification of violating facilities pursuant to EO 11738.
d. 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.).
e. 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.).
f. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523).
g. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080 - 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000- 15007.
h. 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.
i. 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.
j. 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 re- evaluation of compliance
with these EHP requirements.
k. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of FE"OHS, including but not limited to
communications towers, physical security enhancements, new construction and
modifications to buildings that are 50 (fifty) years old or more.
20. 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.
21. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grantfrom 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 ofFEIM's Grant Programs Directorate or the U.S. 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. "
22. 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, agree to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
c. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per federal fiscal year.
Initials
23. 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).
24. 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.
25. 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.
26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A -21, A -87, A102, A -110, A -122, 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.
33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
Including:
a. Part 18, Administrative Review Procedures.
b. Part 20, Criminal Justice Information Systems.
c. Part 22, Confidentiality of Identifiable Research and Statistical Information.
d. Part 23, Criminal Intelligence Systems Operating Policies.
e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities.
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government
Services.
& Part 38, Equal Treatment of Faith -based Organizations.
h. Part 63, Floodplain Management and Wetland Protection Procedures.
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures.
j. Part 61, Procedures for Implementing the National Environmental Policy Act.
k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or
regulations applicable to Federal Assistance Programs.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments.
m. Part 67, Government -Wide Debarment and Suspension (Non- Procurement).
n. Part 69, New Restrictions on Lobbying.
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub - awards) with Institutions of Higher Learning, Hospitals and other Non -
Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants).
34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
35. 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.
36. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
Page 6 Initials
37. 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 US Department of
Homeland Security (DHS) Financial Management Guide.
38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2008 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2008 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
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2008 Homeland Security Grant
Program application. Further, use of FY08 funds is limited to those investments included in the
California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the
peer review process.
39. Acknowledges that FEMA reserves a royalty-free, non exclusive, 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, the
recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from,
or are purchased with, this funding.
40. 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."
41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part
67, Section 67.510
a. The applicant certifies that it and its principals:
(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 (d) Have not within a three -year
period preceding this application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
Initials
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.
42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 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:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug -free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will
(1) Abide by the terns of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including
position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so convicted.
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
Page 8 Inipals
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug4ree workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
43. 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.
44. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply
with the above certifications.
The undersigned represents that he /she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized
Printed Name of Authorized Agent:
Page 9 Initials _
2644 SANTIAGO CANYON RD.
SILVERADO, CA 92676 -9791
(714) 647-7999
February 25, 2009
Dear Sir or Madame:
SHERIFF - CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA
HOMELAND SECURITY DIVISION
SANDRA HUTCHENS
SHERIFF- CORONER
UNDERSHERIFF
JOHN L. SCOTT
EXECUTIVE COMMAND
JACK ANDERSON
JOHN B. DAVIS
RICK DOSTAL
MICHAEL R. HILLMANN
MIKE JAMES
The Orange County Sheriff - Coroner Department (Sheriff's Department), acting on behalf of the Orange
County Operational Area, has received authorization to begin spending of FY08 Homeland Security
Grant Program ( "HSGP ") funds; these funds include:
State Homeland Security Grant Program (SHSP),
Law Enforcement and Terrorism Prevention Program (LETPP), and
Metropolitan Medical Response Systems (MMRS).
In order to reimburse you for any future expenditures you may be approved for relating to the FY08
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 2008 Homeland Security
Grant Program ( "Agreement"). Each has been signed by Sheriff Sandra Hutchens. Below is a brief
description of the components of these Agreements and needed actions associated with them:
PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CRIES 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
DRUG USE
AB
Transfer Agreement, plus attachments
Please have your authorized agent sign page
4 of the Agreement
Please have your City Clerk sign and seal
a e 4 of the A eement
Attachment A: FY08 California
Included for reference
Supplement to Federal Program Guidelines
Attachment B: Approved Project
Included for reference
Descriptions
Office of Homeland Security Grant
Please have your authorized agent sign
Assurances
Governing Body Resolution (sample in
Provide a copy of your Governing Body
Attachment A, page 20 )
Resolntion
PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CRIES 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
DRUG USE
AB
Page 2 of 2
February 25, 2009
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 NIMS compliance
Please retain one complete copy of the submission' for you records.
If you have any questions or need additional information, please contact me at manderson @ocsd.org or
714 - 628 -7158.
Sincerely,
Michelle Anderson
Grants Manager, Homeland Security Division
Orange County Sheriffs Department
2644 Santiago Canyon Road
Silverado, CA 92676
Governor's Office of Homeland Security
FY08 Homeland Security Grant Program
California Supplement to
Federal Program Guidance and
Application Kit
March 7, 2008
STATE OF CALIFORNIA
Arnold Schwarzenegger, Governor
Governor's Office of Homeland Security
Matthew R. Bettenhausen, Director
Gary Winuk, Chief Deputy Director
Grants Management Division
Larry Davis, Deputy Director
John Isaacson, Division Chief
Fiscal and Reporting Unit
Kris Whitty, Program Manager
Homeland Security Unit
Ursula Harelson, Program Manager
Fiscal Program Staff
Inam Ali
Sabra Bowen
Gina Joaquin
Susan Kantner
Homeland Security Program Staff
Maybel Garing
Sarah Knight
Leo LaMattina
Rachel Magana
FY08 Homeland Security Grant Program Page 2
Table of Contents
State of California- Office of Homeland Security
Foreward- Director's Message
Section One — Overview 5
Federal Program Guidance and Updates 5
Purpose of the California Supplement 5
Eligible Subgrantees 5
Approval Authority Body (SHSP only) 5
Subgrantee Allocations 6
Tribal Governments 6
Public and Private Organizations 6
Management and Administrative Costs 6
State Contact Information 6
Section 2 — Subgrant Timeline 7
Timeline Chart 7
Section 3 — Key Changes S
Key Changes and State Initiatives 8
Section 4 — Subgrant Applications
10
State Application Components
10
Regional Approach
10
Applications Due
11
Application Approval
11
Governing Body Resolution
11
Grant Assurances
11
State Agencies
12
Section 5 — Post Subgrant Award
12
Post Award Modifications
13
Subgrantee Performance Reports
13
Monitoring Subgrantee Performance
14
Suspension or Termination
14
Closeout
15
Advances and Interest Earned on Advances
15
Payment Request Process
15
Non -G &T Developed Training Courses
16
Authorized Equipment List
16
Appendix A 1
Governing Body Resolution — OA and UASI A 2
Governing Body Resolution Instructions A 3
Signature Authority — State Agency A 4
State Agency Project Description Template A 5
`FY08 Homeland Security Grant Program Page 3
Foreward: Director's Message
The Governor's Office of Homeland Security (OHS) has had another successful year working
towards achieving the four mission areas of the National Preparedness Goal: prevent, protect,
respond, and recover. With this in mind, plans to continue in that same direction come with the
release of the FY2008 Homeland Security Grant Program (HSGP) guidance. As you review the
guide, you will see that there have been several changes this year.
FY2008 HSGP will focus on three objectives as its highest priorities.
1. Measuring progress in achieving the National Preparedness Guidelines
2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and
protection capabilities
3. Strengthening preparedness planning
At least 25% of HSGP (State Homeland Security Program [SHSP]; Urban Area Security Initiative
[UASI], Metropolitan Medical Response System [MMRS], and Citizen Corps Program [CCP]) funds
must be collectively allocated to objectives two and three.
In past years, the federal Department of Homeland Security has consolidated the administration of
programs into one (1) application package, They have once again consolidated and per the
Implementing Recommendations of the 9/11 Commission Act of 2007 and FY2008 Consolidated
Appropriations Act, FY2008 HSGP will not contain a separate line -item Law Enforcement
Terrorism Prevention Program (LETPP). As a result of this significant need, and in addition to the
above mentioned minimum spending requirement towards the three overarching HSGP priorities,
States are also required to ensure that at least 25 percent of the SHSP and UASI funds are dedicated
towards law enforcement terrorism prevention- oriented planning, organization, training, exercise,
and equipment activities.
We look forward to another year of working with California's local first responders to be better
prepared in protecting our great state.
MATTHEW R. BETTENHAUSEN
Director
Governor's Office of Homeland Security
FY08 Homeland Security Grant Program Page 4
Section 1 - Overview
Federal The U.S. Department of Homeland Security (US DHS) published the
Program FY 2008 Homeland Security Grant Program, Program Guidance and
Guidance and Application Kit on February 1, 2008.
Updates
The Guidance and Application Kit maybe obtained at:
http: / /www. homeland .ca.gov /FY2008_HSGP.html.
Information US DHS also issues information bulletins that provide grant updates,
Bulletins information, clarification, and requirements throughout the life of the grant.
Information Bulletins:
htW://www.oij).usdoi.gov/odp/docs/bWletins.htm
Purpose of the The California Supplement to the Federal Program Guidance is intended to
California complement, rather than replace, the Guidance published by the US DHS,
Supplement Office of Grants and Training. The Supplement will emphasize differences
between the FY 07 and FY 08 Homeland Security Grant Programs, and will
include additional California policies and requirements applicable to FY 08
HSGP.
Eligible
Eligible subgrant recipients, referred to as subgrantees, differ for each
Subgrantees
program. Generally, eligible subgrant recipients will remain the same as in
FY 07.
- Operational Areas (OA)
- includes Metropolitan Medical Response (MMRS)
- Urban Area Security Initiative Jurisdictions (UASI)
- State Agencies (SA)
Approval
Authority Body
Operational Areas must appoint an Anti- Terrorism Approval Body
(SRSP only)
(Approval Authority) to have final approval of the OA's application for
SHSP 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 Chiefs)
Each member of the Approval Authority must provide written agreement
with the OA's application for SHSP funds.
NOTE. A list of the Approval Authority Body members, and associated
contact information, must be submitted with the FY08 HSGP application.
FY08 Homeland Security Grant Program Page 5
Subgrantee Subsequent to US DHS's announcement of funding to California on
Allocations approximately July 28, 2008, subgrantee allocation information will be
made available via an OHS Grant Management Memorandum (GMM)
Tribal NOTE: All subgrantees are encouraged to coordinate with Tribal
Governments Governments to ensure that Tribal needs are considered in the subgrantees'
applications.
Public and NOTE. Subgrantees may contract with any other public or private
Private organizations to perform eligible activities on approved projects.
Organizations
Management The subgrantee Management and Administrative (M&A) allowance is a
and maximum of 3% of the subgrant award on all FY 08 HSGP programs.
Administrative
Costs
State Contact All subgrantee application materials, related questions, comments and
Information correspondence should be directed to the address below.
Govemor's Office of Homeland Security -
ATTN: Grants Management Division
State Capitol
Sacramento, CA 95814 -4900
.(916) 324 -8908
(916) 324 -5902 Fax
OHS Regional Representatives may be located on the regionl map at:
h"://www.homeland.ca.gov/grants.htnil
Important HAND DELIVERED APPLCATIONS WILL NOT BE ACCEPTED
Note:
Governor's Office of Homeland Security Website
OHS website hiip: / /www.homeland.ca.gov/
Office for Domestic Preparedness Secure Portal
Access to https-//odp.eoortals.com/index.cfin
Secure portal
To obtain access to the ODP Secure Portal please contact BJ Bjornson,
Secure Portal Administrator, Office of Homeland Security, Training and
Exercise Program (T &E).
Bi.bjornsonAohs.ca.gov Phone (916) 826 -4488
The FY 08 HSGP Enhancement Plan, Threat Overview, Goals &
Important Objectives, and investment Justifications are posted on the secure
Note: portal. It is important that anyone needing access to these documents
obtain access as soon as possible. The volume of requests to obtain
portal access is greatly increased as deadlines approach and Processing
times are increased accordingly.
Grants Office for Domestic Preparedness, Grant Reporting Tool (GRT)
Reporting Tool https://www.LeDorting.ody.dhs.
Homeland Security Grant Program Page 6
Section 2 - Subgrant Timelines
FY 08 HSGP US DHS Announcement of FY 08 HSGP February 1, 2008
Subgrantee
Timeline FY 08 HSGP California Supplement release March 7, 2008
First subgrantee application workshop March 17, 2008
Last subgrantee application workshop March 28, 2008
SAA application Due May 1, 2008
US DHS Award July 28, 2008*
OHS release of Suballocations August 1, 2008*
Subgrantee applications due to OHS August 22, 2008*
Subgrantee awards (45 days from US DHS award) September 10, 2008*
Subgrantee performance period begins September 10, 2008*
Subgrantee performance period ends March 31, 2011
Final requests for reimbursement due April 10, 2011
SAA Performance Period Ends June 30, 2011
* Date approximate depending on US DHS award date
FY08 Homeland Security Grant Program Page 7
Section 3 — Key Changes and State Initiatives
Key Changes Overarching HSGP Priorities
and State Funding priorities for this year continue and further narrow the focus on risk -based
Initiatives funding and capability-based planning that the Department of Homeland Security
(DHS) began three years ago. FY 2008 HSGP will focus on three objectives as its
highest priorities. These three objectives are:
1. Measuring progress in achieving the National Preparedness Guidelines
2. Strengthening improvised explosive device (IED) attack deterrence,
prevention, and protection capabilities
3. Strengthening preparedness planning
At least 25 percent of FY 2008 HSGP (State Homeland Security Program[SHSP],
Urban Areas Security Initiative [UASI], Metropolitan Medical Response System
[MMRS], and Citizen Corps Program [CCP]) funding must be collectively allocated to
objectives 2 and 3
Consolidation of Law Enforcement Terrorism Prevention- oriented Activities
Per the Implementing Recommendations of the 9/11 Commission Act of 2007
(hereafter "9/11 Act ") and FY 2008 Consolidated Appropriations Act, FY 2008 HSGP
will not contain a separate line -item Law Enforcement Terrorism Prevention Program
(LETPP). As is clear in this year's overarching HSGP priorities (identified above), a
significant need for law enforcement terrorism prevention exists, particularly in the
area of building IED prevention and protection capabilities. As a result, and in addition
to the above minimum spending requirements towards the three overarching HSGP
priorities, States are also required to ensure that at least 25 percent of their SHSP
award funds and 25 percent of their UASI award funds are dedicated towards law
enforcement terrorism prevention- oriented planning, organization, training, exercise,
and equipment activities.
Removal of Full-time Counterterrorism Staffing Pilot for Tier 1 UASI
Jurisdictions
As noted in FY 2007 HSGP, the Full -time Counterterrorism Staffing Pilot for FY 2007
UASI jurisdictions represented a pilot effort for FY 2007 only; it will not be repeated
in FY 2008.
Post -award Analysis
To ensure that the HSGP funding is allocated to address the nation's highest risks and
support the capability -based planning process, the Department will conduct a post -
award analysis to identify trends that can better inform and guide future policy
decisions supporting national preparedness. Grantees may be asked to cooperate in
FEMA's post -award analysis.
FY08 Homeland Security Grant Program Page 8
Key Changes Use of Metropolitan Statistical Areas in our Risk Methodology
and State Per the 9/11 Act, the Department utilized the U.S. Census - determined Metropolitan
Initiatives Statistical Areas (MSA) as a component of its risk methodology queries. In using
(cont) this approach, some jurisdictions were included in the queries that historically had
not been included in previous year UASI risk methodologies.
Obligation of Funds
The SAA must obligate 80 percent of the funds awarded under SHSP and UASI to
local units of government within 45 days of receipt of the funds (as opposed to
60 days as noted in the FY 2007 HSGP). With respect to MMRS funds, States must
obligate 100 percent of MMRS grant funds within 45 days of receipt (as opposed to
obligating 80 percent within. 60 days as noted in the FY 2007 HSGP). For CCP
funds, there are no obligation requirements.
Management and Administration (M &A) Funds
A maximum of up to three percent (3 %) of funds awarded may be retained by the
State (as opposed to 5 percent [5 %] of funds as noted in the FY 2007 HSGP), and
any funds retained are to be used solely for management and administrative
purposes associated with the HSGP award. States may pass through a portion of the
State's M &A allocation to local subgrantees to support local management and
administration activities; the overall subgrantee M &A amount may not equal more
than three percent (3 %).
Potential for Future Match Requirements
Grantees are not required to engage in cash or in -land match for FY 2008 HSGP
funds. However, there is the potential for future grant programs to be impacted by
cash match requirements as early as FY 2009. Accordingly, grantees should
anticipate and plan for future homeland security programs to require cash or in -kind
matches at cost -share levels comparable to other FEMA - administered grant
programs.
Application Requirements
Applicants should refer to Appendix A of this document for specific instructions on
the application forms required for successfully submitting their FY 2008 HSGP
application to OHS.
Grantees are required to comply with OHS financial rules and regulations in
accordance with FEMA's grant programs. All applicants are required to read and
conform to all requirements of this grant guidance document, and the forms in
attached appendix.
FY08 Homeland Security Grant Program Page 9
Section 4- Subgrant Applications
State Required A completed application will include all of the following components.
Application
Components . Completed OHS Financial Management Forms Workbook V 1.08
- Submitted electronically via email on the ODP Secure Portal
Application Cover Sheet
Grant Management Roster
Project Ledger
Project Description
Project — A thru T
- Investment Justification — Goals and Objectives
- Project Description
- Need for Project
- Status of Project
Equipment Inventory Ledger
Training Roster with course approved numbers
Exercise Roster
Terrorism Liaison Officer (TLO) Roster
CAL RUES Access
Authorized Agent form with appropriate signatures
• Governing Body Resolution — Mailed
State Agency . Project Narrative— (State Agency Only) — Mailed
Project - Template available in Appendix A - Forms
Narrative
• Signature Authority - Mailed
• Signed Original Grant Assurances — Mailed
- Available only in PDF format on the OHS website
The Financial Management Forms Workbook V 1.08 can be found at
h"://www.bomeland.ca..gov/wants.litml
NOTE: Subgrant awards will not be made until all required application
components have been approved by the state.
Regional Subgrantees must take a regional approach when determining the best use of
Approach FY 08 HSGP funds. Subgrantees must consider the needs of local units of
government and applicable volunteer organizations in the projects and activities
included in their FY 08 HSGP application.
FY08 Homeland Security Grant Program Page 10
Applications Due Completed financial management forms workbooks must submitted .
electronically to the ODP secure portal. Detailed instructions on the
electronic submittal process will be issued in a Governor's Office of
Homeland Security (OHS) Grant Management Memo prior to application due
date. Project description narratives and original grant assurances must be
mailed to the address below.
All application materials are due no later than Friday, August 22, 2008 *.
Only applications postmarked by the due date will.be accepted. Additional
information will be requested or accepted from subgrantees at the sole
discretion of OHS. Applications lost in transit are the responsibility of the
applicant and will not be considered for funding.
The mailing address for all applications is:
Governor's Office of Homeland Security
ATM: Grant Management Division
State Capitol
Sacramento, CA 95814
ODP Secure Portal
https : / /odp.esportals.com/index.cfin
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.
Governing Body The Governing Body Resolution appoints agents authorized to execute any
Resolution actions necessary for each application and subgrant.
NOTE. All applicants will be required to submit a new Governing Body
Resolution with their FY 08 HSGP application. A sample Resolution can be
found in Appendix A- Forms.
Grant The Grant Assurances form lists the requirements to which the subgrantees
Assurances will be held accountable.
NOTE. All applicants will be required to submit new Grant Assurances with
their FY 08 HSGP application. The required Grant Assurances form can be
found only in PDF format on the OHS website and available no later than
14 days after the Federal award.
Important note: Self created grant assurances forms will not be accepted.
* Date approximate depending on US DHS award date
FY08 Homeland Security Grant Program Page 11
State Agencies
Which State
organizations Any state agency, department, commission, board, etc., may apply for
may apply? FY 2008 Homeland Security Grant Program (HSGP 08) 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 The application cover sheet must be signed by the highest -level person at the
for a State state organization, or their designee. If a designee, the highest -level person at
Agency? the state organization must execute and submit a Signature Authority form
with the Application Package.
NOTE: The requirement for the creation of an Approval Authority Body does
not apply to state organizations.
For which State organizations may apply for,
Programs may
State - State Homeland Security Program (SHSP)
Organizations
Apply? - Urban Areas Security Initiative (UASI)
Use of UASI If a state organization applies for any of the UASI state allocation, the funds
funding by State must be used to directly support one or more pre - selected urban area(s). The
Agencies application's UASI project description must describe the project AND identify
the urban area(s) that will be supported by the project.
What are the While the State Homeland Security Strategy broadly describes goals,
State Priorities objectives and implementation steps, the state's priorities for FY 08 HSGP
for FY 08 HSGP? are:
(1) Interoperable Communications
(2) Catastrophic Planning
(3) Medical Surge
(4) Citizen Preparedness and Participation
(5) Mass Prophylaxis
(6) Critical Infrastructure Protection
() Training for First Responders
Project Narrative In addition to the project description in the Financial Management Forms
Workbook, a detailed project narrative is required.
Project Narrative is included in Appendix A - Forms
FY08 Homeland Security Grant Program Page 12
Section 5= Post Award Requirements
Post Award Post award budget, scope and time modifications must be requested using the
Modifications OHS Financial Management Forms Workbook V 1.08, by the subgiantee's
Authorized Agent, and submitted to the subgrantee's Program Representative
in the Homeland Security Grant Unit at OHS. Upon approval the subgrantee
will be instructed to make the required changes in the Office for Domestic
Preparedness (ODP), Grants Reporting Tool (GRT)
bgps://www.reporting.odp.dhs.gov. The subgrantee may implement the
modifications, and incur associated expenses, after receiving written final
annroval of the modification from the State.
NOTE. Modifications can be requested once per quarter during the
grant performance period. Failure to submit modification requests, and
receive written approval prior to expenditure, could result in a reduction or
disallowance of that part of the grant.
Subgrantee Subgrantees must prepare and submit performance reports to the state for the
Performance duration of the grant performance period, or until all grant activities are
Reports completed and the grant is formally closed by OHS. Subgrantees must
complete a Biannual Strategy Implementation Report (BSIR) using the Office
for Domestic Preparedness (ODP), Grants Reporting Tool (GRT)
bttys: / /www.morting.odp.dhs.gov , and will also be required to submit
additional information and data requested by the state.
Subgrantees who miss a single reporting deadline will receive a letter
addressed to their Board of Supervisors informing them of the failure to
report. Subgrantees who fail to report twice in a row may have
subsequent awards reduced by ten percent (10 %) until timely reporting is
reestablished.
FY08 Homeland Security Grant Program Page 13
Monitoring The state is currently conducting a program of sub- grantee monitoring. The
Subgrantee monitoring will be conducted on the subgrantees administrative, programmatic
Performance and fiscal management of the grant(s).
These reviews may include, but are not limited to:
• Eligibility of expenditures
• Comparing actual subgrantee activities to those approved in the subgrant
application and subsequent modifications, if any.
• Ensuring that advances have been disbursed in accordance with applicable
guidelines.
• Confirming compliance with:
— Grant Assurances.
— Information provided on performance reports and payment requests.
— Needs and threat assessments and strategies.
Important 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.
Suspension or The State may suspend or terminate subgrant funding, in whole or in part, or
Termination other measures may be imposed for any of the following reasons:
• Failing to expend funds in a timely manner consistent with the grant
milestones, guidance and assurances.
• Failing to comply with the requirements or statutory objectives of federal
or state law.
• Failing to make satisfactory progress toward the goals or objectives set
forth in the subgrant application.
• Failing to follow grant agreement requirements or special conditions.
• Proposing or implementing substantial plan changes to the extent that, if
originally submitted, the application would not have been selected for
funding.
• Failing to submit required reports.
• Filing a. false certification in the application or other report or document.
• Failing to adequately manage, monitor or direct the grant funding activities
of their subrecipients.
Before taking action, the state will provide the subgrantee reasonable notice of
intent to impose corrective measures and will make every effort to resolve the
problem informally.
FY08 Homeland Security Grant Program Page 14
Closeout The State will close a subgrantee award after:
Receiving a subgrantee Performance Report indicating that all approved
work has been completed, and all funds have been disbursed;
Completing a review to confirm the accuracy of reported information; and
Reconciling actual costs to awards, modifications and payments.
If the closeout review and reconciliation indicates that the subgrantee:
• Is owed additional funds, the state will send the final payment
automatically to the subgrantee.
• Did not use all funds received, the state will issue an Invoice or Grant
Modification letter to recover unused funds.
In the Grant Closeout letter, the state will notify the subgrantee of the start of
the record retention period for all programmatic and financial grant related
records.
NOTE. Failure to maintain all grant records for the required retention period
could result in a reduction of eligible grant activities, and an invoice to return
costs associated with the unsupported activities.
Advances and The US DHS allows subgrantees to request FY 08 HSGP funds up to 120 days
Interest Earned prior to expenditure/disbursement, or on a reimbursement basis. The federal
on Advances 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 Governor's Office of Homeland
Security of any interest returned on program funds.
Payment Request To request advance or reimbursement payment of FY 08 HSGP funds,
Process complete a payment request form using the OHS Financial Management
Forms Workbook and return it to the appropriate Program Representative in
the Homeland Security Grant Unit at the Governor's Office of Homeland
Security.
OHS Financial Management Forms Workbook V 1.08
httv://www,homeland.ca.gov/jzrants.html
NOTE. Payments can only be made if the subgrantee has an approved
application, valid Governing Body Resolution and valid Grant Assurance
form.
FY08 Homeland Security Grant Program Page 15
Non -G &T When seeking US DHS approval of non -G &T developed courses, the most
Developed notable changes:
Training Courses
• Course materials must be submitted with the approval request; and
• Conditional approvals are no longer offered.
The Office of Homeland Security Training and Exercise and Evaluation
Program (HSTEEP) will release additional training related information at a
later date.
OHS Training Website:
htW://www.ohs.ca.izovihsegp/Trainin,gHome.html
Authorized The FY 08 Authorized Equipment List (AEL) may now be found on the web at
Equipment List
http: / /www.rkb.us,
FY08 Homeland Security Grant Program Page 16
Appendix A - Forms
FY08 Homeland. Security Grant Program A 1
BE IT RESOLVED BY THE
Goveming Body Resolution
(For Operational Areas and Urban Areas)
( Governng Body)
OF THE THAT
(Name of Applicant)
, OR
(Name or Title of Authorized Agent)
OR
(Name or Title of Authorized Agent)
or Title of Authorized Aged)
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
I,
day of
Certification
of the
(Governing Body)
`if
duly appointed and
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the of the on the
(Governing may) (Name of Applicant)
day of
(official Position)
(signauue)
20
FY08 Homeland Security Grant Program A 2
Instruction Sheet for the Governing Body Resolution
Purpose The purpose of the Governing Body Resolution is to appoint individuals to
act behalf of the governing body and the applicant.
Authorized The Governing Body Resolution allows for the appointment of individuals
Agent(s) or positions. For each person or position appointed by the governing body,
submit the following information, with the resolution, to the state on the
applicant's letterhead:
❑ Jurisdiction
❑ Grant Program
❑ Name
❑ Title
• Address
• City
• Zip Code
❑ Telephone
❑ Fax #
❑ Cell Phone #
❑ E -Mail Address
Authorized . If the Governing Body Resolution identifies Authorized Agents by
Agent Changes position and/or title, changes can be made by submitting new Authorized
Agent information to the state.
• If the Governing Body Resolution identifies Authorized Agents by name,
a new Resolution is needed when any changes are made. The information
list above must also be submitted with the new Resolution.
FY08 Homeland Security Grant Program A 3
OF THE
AS THE
I
Signature Authority
(For State Organizations)
(secrelary/Dumctor / Presidcnt / Chmellor)
I hereby authorize the following individual(s) to execute for and on behalf of the named state organization,
any actions necessary for the purpose of obtaining federal financial assistance provided by the federal
Department of Homeland Security and sub - granted through the Governor's Office of Homeland Security.
OR
(Name or Title of Authorized Agent)
OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
Signed and approved this day of 20
Signature
FY08 Homeland Security Grant Program A 4
, State Agency Project Description
FY 2008 Homeland Security Grant Program
Applicant (state organization)
NOTE: Complete a separate Proiect Description for each proposed proiect
Project
State Strategy Goal and Objective Supported by the Project:
Indicate the State Priority Supported by the Project:
_ Interoperable Communications
_ Catastrophic Planning
Medical Surge
_ Citizen Preparedness and Participation
_ Mass Prophylaxis
_ Critical Infrastructure Protection
Training for FIrst Responders
Provide a detailed description of the proposed project and how it supports the state priority indicated
For construction andlor renovation projects, provide the following additional information:
• A description and location of the facility;
• A description of the vulnerability assessment that has already been conducted of the facility, and the
date of the assessment (the assessment does not have to be submitted with the application);
• A description of how the proposed project will address the vulnerabilities identified in the
assessment;
• A description of the consequences if the project is not funded under HSGP 08
• Indicate the requested funding, by program:
• SHSP $ UASI $
• For UASI funding, indicate the Urban Area(s) supported by the project:
FY08 Homeland Security Grant Program A 5
Exhibit B to ASR
Distribution of Grant Funds or Property
2008 Homeland Security Grant Programs
Attachment B
Project Tide
Descri don
Amount
The 34 jurisdictions within the Operational Area (OA) and Urban Area (UA) share the
Countywide Coordinated Communications System (CCCS), a regional 800 MHz franked radio
system with 81 channels and 400+ talk groups. The OA has enhanced radio tower equipment,
which increased the voice and data capacity of the system; added frequencies, which permit
additional federal, state and local agencies to use the CCCS system; established radio caches to
Strengthen
ensure sufficient communications equipment; and implemented WebEOC, which has vastly
Interoperable
improved the efficiency of Emergency Operations Centers (EOCs). Gaps to be addressed by this
$155,000
Communications
project will be in communications, EOC, and Onsite Incident Management. This project will
(SHSP funds)
ensure that the OA's first responders have sufficient equipment and systems with which to
communicate and to upgrade equipment. This will be addressed in improving communications
within and between regional EOC's by enhancing and expanding the use of WebEOC and
upgrading the Radio Amateur Civil Emergency Service (RACES) repeaters so they are
narrowband and P25 capable.
This project will enhance the response capability for improvised explosive devices (IED) and
chemical, biological, radiological, and nuclear explosives ( CBRNE) events and will develop and
Strengthen CBRNE
enhance regional response teams and provide training on equipment. This will improve existing
$2,273,790
Detection, Response
personal protective equipment (PPE). The need for this Project is the continuation to enhance the
($1,973,790
and
all- hazard response capabilities within the County. It will emphasize a coordinated multi-
for PPE;
Decontamination -
discipline, multi jurisdiction response to a CBRNE event. It will replenish PPE used during
$300,000 for
PPE Replenishment
trammg/deployment.and improve equipment standardization & response methods among all
Planning)
disciplines/jurisdictions within the County. Some of the projects will be PPE replenishment,
(SHSP funds)
CBRNE equipment, fit testing machines, and maintenance. This project will include equipment
and supplies for the JHAT Team for enhancement and sustainment.
This Project will expand the Terrorism Liaison Officer program to enhance the Operational Area's
Enhance
information collection and dissemination network. It will enhance the computer network for the
Information
Orange County Intelligence Assessment Center (OCIAC) with the means to collect, store, retrieve,
$375,000
Collection, Analysis
and analyze the information necessary to produce actionable intelligence products. This project
(SHSP funds)
and Dissemination
will also fund a collaborative effort with the Department of Justice (DOJ) to upgrade aspects of a
law enforcement database
Page 1 of 4
Exhibit B to ASR
Distribution of Grant Funds or Pro ert
Project Title
rtLtL
Descri lion
Amount
The OA will be able to effectively assess and prioritize the County's critical infrastructure/key
resources (C1/KR) needs; enhance and populate the CUKR database; identify and complete
Improve and
security enhancements and target hardening projects at CVKR sites. This Project provides funding
Expand Critical
for costs occurred for heightened threat levels. This project will also include the leasing of
Infrastructure
warehouse space for receiving and storage of equipment and maintenance. The warehouse space
$822,249
Protection
will include office space for personnel who will oversee and secure grant- funded equipment, as
(SHSP funds)
well as personnel responsible for the Cl/KR analysis, resource deployment, assessments, analysis,
and intelligence gathering. This space may house all or part of the Homeland Security Division.
In addition to supporting the State Enhancement Plan and a National Overarching Priority, this
Project was selected because of its criticality and impaci on emergency mitigation, preparedness,
response, and recovery. This project will allow improvement of regional coordination, mutual aid,
sheltering, and evacuation. The OA must continue with NIMS integration into local and county
Enhance Emergency
Emergency Management Programs, including emergency plans, EOC upgrades, emergency
Planning and
management software, business continuity plans, and hazard mitigation plans. Included in the
$570,000
Management
Project is the continued support of WcbEOC and its augmentation as a data transmission source
(SHSP funds)
with other county agencies during an incident. As funding availability allows, the Project will
supply EOC's with the necessary upgrades to allow them to increase functionality and
effectiveness during an incident.
Increase
This project will focus on expanding/enhancing existing Citizen Corps Council; expand the
Community
"Ready OC" public information preparedness campaign; develop and conduct a mutual aid drill
Preparedness,
and exercise a countywide volunteer activation plan; identify and implement new community
Participation and
emergency response team (CERT) curriculum to address the needs and concerns of the regional
$190,000
area; improve and standardize volunteer interoperability /communications capabilities. This
(SHSP funds)
�wareness
project will enhance educational programs in schools; and enhance volunteer radio organizations
communication capabilities.
This Project will develop a new 3 -year exercise plan and design and deliver the exercises outlined
in the plan. A full -scale exercise will be conducted in conjunction with the State's "Golden
$457,394
xercises
Guardian" exercise, which is designed to test the State's capability to respond to catastrophic
(SHSP funds)
events.
Page 2 of 4
Exhibit B to ASR
Tlicrr;h�irinn .,f /:rnn! R...,.A, -- D---
Page 3 of 4
..+luau i w-ua v. i tv ctL
Project Title
DeBCri tion
Amount
This project focuses on the continuation of training on equipment; and Incident Command System.
This will also focus on the OA being compliant with HSPD -8, the OA and UASI instituted NIMS
training for public employees at all levels. Through continued funding of the OA's training
program, first responders will have an increased capability to recognize potential threats and
provide a more effective response to catastrophic events. A Training, Exercise, and Equipment
Training
Committee has been formed to assist in prioritizing training needs for the OA. Training will
$750,057
include training for equipment purchased with grant funds and awareness, performance, and
(SHSP funds)
management/planning level training approved by the State.
Administration and Program Management of Homeland Security Grant Programs. The OCSD /OA
will use the 3% of its total 2008 HSGP allocation to continue to pay for grant management staff,
anagement &
hire additional staff, and purchase the supplies /equipment to successfully administer the State
$209,472
dministration
Homeland Security Grant Program.
From SHSGP
& MMRS
This project includes the lease of our Strategic Warehouse to receive, store, ship, and coordinate
the Strategic National Stockpile and local and regional medical equipment, supplies, and
ass Prophylaxis
pharmaceuticals for the Operational Area. This project will provide a means to provide
d Medical Surge
prophylaxis to first responders and their families in the event of a bioterrorist attack or disease
$722,061
outbreak and will support protection of the community at large. This facility provides critical
(SHSP funds)
support to the region in the event of a disaster or disease outbreak.
MMRS funds support the three cities of Anaheim, Huntington Beach, and Santa Ana to further
enhance and sustain a regionally integrated, systemic mass causality incident preparedness
LMRS
program that enables a response during the first crucial hours of an incident. The programs
$949,208
prepare jurisdictions and the Operational Area of Orange County for response to all hazards mass
(MMRS funds)
causality incidents, including CBRNE terrorism, epidemic disease. outbreaks, natural disasters, and
large scale hazardous materials incidents. MMRS further works, plans, and integrates with its
UASI and SHSP partners to provide an effective response to these incidents. It will emphasize a
Page 3 of 4
Exhibit B to ASR
Oistnbution of Grant Funds or Pro
coordinated multi - discipline, multi jurisdiction response to a CBRNE event. Projects in this
Investment will sustain and enhance previous OA/UA investments. The funds are passed through
to these cities to manage. The County retains 1.5% for Administrative and Management costs.
This proiect will include the purchase of equipment and supplies.
Page 4 of 4