HomeMy WebLinkAboutCC AG PKT 2011-07-11 #JAGENDA STAFF REPORT
DATE: July 11, 2011
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Robert Luman, Interim Chief of Police
SUBJECT: AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR FY 2010 HOMELAND SECURITY GRANT
PROGRAM ( "HSGP ") PURPOSES
SUMMARY OF REQUEST:
The proposed City Council action will adopt Resolution No. 6161 allowing the
City of Seal Beach to enter into an Agreement to Transfer Equipment,
Technology or Services to enhance county wide emergency preparedness. The
City Manager will be authorized to execute on behalf of the City of Seal Beach
any actions necessary for the purpose of obtaining federal financial assistance
provided by the Department of Homeland Security and sub - granted through the
State of California, and the County of Orange.
BACKGROUND AND ANALYSIS:
The Federal Homeland Security Appropriations Act provides funding to address
the needs of high risk urban areas through planning, equipment/services,
training, and exercises through the Homeland Security Grant Program ( "HSGP ").
The City of Seal Beach is located in the County of Orange and the
Anaheim /Santa Ana Urban Area, and is eligible to receive financial assistance in
the form of funds, equipment, technology and services, through Homeland
Security sub - grants from the County of Orange. The City must enter into
agreements with the County of Orange to facilitate the transfer of Homeland
Security Grant funds.
The City of Seal Beach City Manager needs to be designated by resolution to
execute on behalf of the City of Seal Beach to obtain grant funds through the
Homeland Security Grant Program.
The Department of Homeland Security is funding efforts nationally to combat
terrorism and respond to emergencies and hazards. In order to receive the
Agenda Item i
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funds, entities must cooperate with the grant requirements and have a
designated signer of record. This agreement allows the City to receive the funds
and equipment as provided by the grant.
FISCAL IMPACT:
None. Acceptance of these funds may offset public safety expenditures servicing
the City of Seal Beach for a variety of needs which may fall under the umbrella of
Homeland Security.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 6161 approving the
Agreement to Transfer Property or Funds for FY2010 Homeland Security Grant
Program Purposes.
SUBMITTED BY: NOTED AND APPROVED:
Rob rt I uman, Interim Chief of Police J' R. Ingram, Cit M Hager
Prepared by: Todd T. De Voe , Emergency Services Coordinator
Attachments:
A. Resolution No. 6161
B. Agreement to Transfer Property or Funds for FY2010 Homeland Security Grant
Program Purposes.
RESOLUTION NUMBER 6161
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF
EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF
TRAINING COSTS FOR FY 2010 HOMELAND SECURITY GRANT
PROGRAM BETWEEN THE COUNTY OF ORANGE AND THE CITY
OF SEAL BEACH
WHEREAS, the County of Orange, a political subdivision of the State of California
has applied for, received and accepted a grant from the State of California, acting
through its Office of Homeland Security, to enhance countywide emergency
preparedness.
WHEREAS, the terms of the grant require that the County of Orange use certain
grant funds to purchase equipment, technology, or services that will be transferred
to the City of Seal Beach to be used for grant purposes.
WHEREAS, the City of Seal Beach and the County of Orange are desirous of
executing this Agreement as authorized by the City Council and the City Manager.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute for and on behalf of
the City of Seal Beach, a public entity established under the laws of the State of
California, any actions necessary to obtain federal financial assistance provided by
the Federal Department of Homeland Security and sub - granted through the State of
California.
SECTION 2. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council, at a regular
meeting held on the 11 th day of July , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6161 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council at a
regular meeting held on the 11th day of July , 2011.
City Clerk
I
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this 11th day of July 2011, 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 the City of Seal 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 California 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 10 CA Supplement to Federal Program
Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 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
to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE
to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page] of 4
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3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
services acquired with grant funds only for those purposes permitted under the terms of the grant, and
shall make it available for mutual aid response.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
equipment as are necessary, in order to keep said equipment in continually good working order. Such
maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
material and labor costs for any maintenance and repair of the said equipment throughout the life of the
said equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies,
and /or services to include but not limited to upgrades, licenses, and renewals of said equipment,
technologies, and /or services.
6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant - funded
equipment only in accordance with the instructions of COUNTY.
7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their
elected and appointed officials, officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials or supplies in connection with
SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's
performance of this Agreement, including Attachments A, 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
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
Attachments A, B, and C hereto.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 2 of 4
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9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
I 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.
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
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of 4
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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: July 11, 2011
am
Sheriff - Coroner
"COUNTY"
APPROVED AS TO FORM:
COUNTY COUNSEL
Un
Nicole A. Sims, Deputy
DATED:
2011
6*1 : ►
:
Jill R. Ingram, City Manager
:
ATTEST:
By
City Clerk
DATED: July 11, 2011
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
COUNTY OF ORANGE, a political
subdivision of the State of California
Page 4 of 4
ATTACHMENT "A"
AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
['car
Cal E
CALIFORNIA EMERGENCY
MANAGEMENT AGENCY
]Fiscal Year 2010
HOMELAND SECURITY GRANT PROGRAM
California Supplement to the
Federal Program Guidance and Application Kit
STATE OF CALIFORNIA
Arnold Schwarzenegger, Governor
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Matthew R. Bettenhausen, Secretary
Frank McCarton, Undersecretary
Peggy Okabayashi, Assistant Secretary
OFFICE OF GRANTS MANAGEMENT
Brendan Murphy, Director
Gina Buccieri- Harrington, Assistant Director
HOMELAND SECURITY, PROP 111 &
EMERGENCY MANAGEMENT BRANCH
Kris Whitty, Chief
HOMELAND SECURITY GRANT UNIT
Ursula Harelson, Program Manager
Darlene Arambula, Office Assistant
Cameron Bardwell, Program Representative
Maybel Garing- Espilla, Program Representative
Casey Granados, Program Representative
Bryant Hard, Program Representative
Leo LaMattina, Program Representative
Rachel Magana, Program Representative
GRANTS PROCESSING BRANCH
John Isaacson, Chief
FISCAL AND REPORTING UNIT
Michael Cheng, Program Representative
Gina Joaquin, Staff Service Analyst
Rose Nguyen, Program Representative
Christopher Sampang, Office Assistant
FY 10 California Emergency Management Agency Page 2
TABLE OF CONTENTS
FOREWORD: SECRETARY'S MESSAGE ...................................................... ..............................4
SECTION1— OVERVIEW .................................................................................. ..............................5
Federal Program Guidance ....................................................................................... ..............................5
Purpose of the California Supplement ..................................................................... ............................... 5
EligibleSubgrantees ................................................................................................. ..............................5
SubgranteeAllocations ............................................................................................. ..............................6
CalEMA Contact Information ................................................................................. ..............................6
SECTION 2 — FEDERAL CHANGES AND INITIATIVES ............................. ..............................7
FY10 HSGP Priorities ............................................................................................. ..............................7
M &A Limits ............................................................................................................. ..............................7
PersonnelCap .......................................................................................................... ............................... 7
EHP......................................................................................................................... ............................... 8
OperationStonegarden ............................................................................................ ............................... 9
ODPSecure Portal ................................................................................................... ............................... 9
SECTION 3 — STATE CHANGES AND INITIATIVES .................................. .............................10
FY10 SHSP Priorities ........................................................................................... ............................... 10
StateInitiative Funding ......................................................................................... ............................... 10
Training................................................................................................................. ............................... 10
TLO....................................................................................................................... ............................... 1 1
CALJRIES ............................................................................................................ ............................... 1 1
SECTION 4 — REQUIRED STATE APPLICATION COMPONENTS ........ .............................12
Financial Management Forms Workbook ............................................................. ...............................
12
NarrativeAttachments ........................................................................................... ...............................
13
GrantAssurances ................................................................................................... ...............................
13
OperationalAreas Only ......................................................................................... ...............................
14
StateAgencies Only .............................................................................................. ...............................
14
SECTION 5 — THE STATE APPLICATION PROCESS ............................... .............................15
ApplicationSubmittal ............................................................................................ ...............................
15
ApplicationApproval ............................................................................................ ...............................
15
SECTION 6 — POST AWARD REQUIREMENTS ........................................... .............................16
PostAward Modifications ..................................................................................... ...............................
16
Payment Request Process ...................................................................................... ...............................
16
Advances............................................................................................................... ...............................
16
Subgrantee Performance Reports .......................................................................... ...............................
17
Monitoring Subgrantee Performance .................................................................... ...............................
17
Suspension and Termination ................................................................................. ...............................
18
Closeout................................................................................................................. ...............................
18
ATTACHMENTS
A - FYI HSGP All ocations ................................................................................. ............................... 19
B- FYI HSGP Timeline ....................................................................................... .............................22
C- Sample Governing Body Resolution .............................................................. ............................... 23
D- State Agency Signature Authority Form ......................................................... ............................... 24
E- State Agency Project Narrative ....................................................................... ............................... 25
F- FYI HSGP Application Checklist .................................................................. .............................26
FYI California Emergency Management Agency Page 3
FOREWORD: SECRETARY'S MESSAGE
The California Emergency Management Agency (Cal EMA) is the agency vested with the duties,
powers, purposes, responsibilities, and jurisdictions previously held within the Governor's Offices of
Homeland Security (OHS) and Emergency Services (OES). Specifically, Cal EMA is responsible
for designing and implementing homeland security initiatives and ensuring the state's readiness is at
its maximum potential to respond to and recover from the effects of all crises. Through these efforts,
Cal EMA remains committed to the four mission areas of the Homeland Security Grant Program
(HSGP) — to prevent, prepare, respond and recover.
In the past year, we have made significant progress and have achieved a number of objectives that
continue to make California a better place to live, work, and thrive. We have developed strategies
that outline the principles, priorities, initiatives, and objectives which are critical to protecting lives
and property through the continuous enhancement of our homeland security programs. Cal EMA
will continue to work conscientiously, deliberately, and with a steadfast commitment to enlist,
entrust, empower, and encourage our partners; to foster and promote a customer - service - driven
program at the center of all activities; and to build and maintain opportunities for growth — both
personally and professionally. We will also venture, whenever possible, to make wise investments
in those resources that capitalize on multi -use capabilities and that promote greater efficiency in our
short- and long -term operations. To further our progress, I am pleased to present the Fiscal Year
2010 State Supplement to the Federal Program Guidance.
We have much work ahead of us as we continue to plan for both the expected and the unexpected.
California continues to be recognized as a national leader in homeland security and emergency
management and therefore, the dedicated staff at Cal EMA will continue to work tirelessly to
advance our efforts which we believe will provide the greatest benefits for our state. Throughout the
duration of the grant, Cal EMA program representatives will continue to be available to assist you in
enhancing your homeland security programs and 1 encourage you to call upon them for their
guidance and expertise.
Because of your excellent contributions and achievements, California is a better place to live and do
business; California communities are safer, have the best trained and equipped first responders, and
continue to move forward with a number of important initiatives. I thank you for your continued
support of the HSGP and for your extraordinary efforts.
Sincerely,
MATTHEW R. BETTENHAUSEN
Secretary
FYI California Emergency Management Agency Page 4
SECTION 1- OVERVIEW
Federal Program The U.S. Department of Homeland Security (DHS) published the Fiscal Year
Guidance 2010 (FYI 0) Homeland Security Grant Program, Program Guidance and
Application Kit in December, 2009 and may be obtained at:
http: / /www.fema.gov/pdf /government /grant /2010 /fy10 hsgp kit.pdf
Information DHS also issues Information Bulletins that provide updates, clarification, and
Bulletins requirements throughout the life of the grant. Information Bulletins may be
obtained at: http://www.oip.Llsdoi.gov/odp/docs/builetins.htm
Purpose of the The California Supplement to the Federal Program Guidance is intended to
California complement, rather than replace, the Guidance published by DHS. The
Supplement Supplement will emphasize the differences between the FY09 and FY10
Homeland Security Grant Programs (HSGP), and will include additional
California policies and requirements applicable to the FY10 HSGP.
Grant Management Cal EMA also issues Grant Management Memos (GMMs) that provide
Memos additional information. GMMs can be located at:
http://homeland.ca.gov/jzraiits management memo.html
Eligible Eligible subgrant recipients, referred to as Subgrantees, differ for each
Subgrantees program. Generally, eligible Subgrantees include:
• Operational Areas (OA)
• Includes the Metropolitan Medical Response System (MMRS)
• Native American Tribes — represented by a single coordinating group
• Urban Areas Security Initiative (UASI) Jurisdictions
• State Agencies, Departments, Commissions, Boards, etc. (SA) who have,
or can obtain, appropriate state Department of Finance budget authority
for awarded funds
o Includes the Citizen Corps Program (CCP)
Note: All Subgrantees must comply with requirements contained in the
federal and state guidance documents, and in the Grant Assurances form.
Native American Federal FYI grant guidance strongly encourages Cal EMA to provide
Allocation access to HSGP funds directly to Native American Tribes in California. In
order for Cal EMA 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 October 1, 2010 to submit to Cal
EMA 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.'
1 U.S. Department of Homeland Security Fiscal Year 2010 Homeland Security Grant Program Guidance and Application Kit Page 10.
FYI California Emergency Management Agency Page 5
SECTION 1- OVERVIEW
Subgrantee FY10 Homeland Security Grant Program (HSGP) subgrantee allocations are
Allocations included in Appendix A.
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 any
Suspended Parties tier to any party that is debarred, suspended, or otherwise excluded 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.
Cal EMA Contact All subgrantee application materials, related questions, comments and
Information correspondence should be directed to:
California Emergency Management Agency
ATTN: Office of Grants Management, HSGU
3650 Shriever Ave
Mather, CA 95655
Cal EMA Main Phone Line: (916) 845 -8510
Homeland Security Grant Unit (HSGU) Fax: (916) 324 -5902
Website: http://www.calei
HSGU Program Cameron Bardwell at cameron.bardwell(c�ohs.ca. ov or (916) 322 -8740
Representatives Maybel Garing- Espilla at maybel.garin cr,ohs.ca. og_v or (916) 324 -9312
Casey Granados at casey granadosgohohs.ca.gov or (916) 322 -2643
Bryant Hard at Bryant.hard a,calema.ca. og_v or (916) 324 -9067
Leo LaMattina at leo.lamattinanohs.ca.gov or (916) 324 -6347
Rachel Magana at rachel.maganaQohs.ca.gov or (916) 324 -9314
Cal EMA representatives may be located on the regional map at:
http: / / www.calema.ca.gov /WebPa , e/ oeswebsite .nsf /ClientOESFileLibrary /Homeland%
Security %20Files /$file /HSG Pmapl 2- 28- 09.pdf
` /bid., page 41.
3 /bid., page 57.
FYI California Emergency Management Agency Page 6
SECTION 2 - FEDERAL CHANGES AND INITIATIVES
HSGP Priorities The Federal FYI 0 HSGP (State Homeland Security Program [SHSP], Urban
n /bid., pages 5 -6.
5 Ibid., pages i, 36.
6 Ibid., pages 10, 21, 35.
7 Ibid., page i.
8 Ibid., page 40.
v /bid., page 38.
10 Ibid., pages i, 44 -46.
FYI California Emergency Management Agency Page 7
Areas Security Initiative [UASI], Metropolitan Medical Response System
[MMRS], and Citizen Corps Program [CCP]) will focus on the following eight
National Priorities 4 :
• Expand Regional Collaboration
• Implement the National Incident Management System and National
Response Framework
• Implement the National Infrastructure Protection Plan
• Strengthen Information Sharing and Collaboration Capabilities
• Strengthen Interoperable and Operable Communications Capabilities
• Strengthen CBRNE Detection, Response, and Decontamination
Capabilities
• Strengthen Medical Surge and Mass Prophylaxis Capabilities
• Community Preparedness: Strengthening Planning and Citizen Capabilities
• Strengthen CBRNE Detection, Response, and Decontamination
Capabilities
• Strengthen Medical Surge and Mass Prophylaxis Capabilities
• Community Preparedness: Strengthening Planning and Citizen Capabilities
25% Planning
The 25% planmm priority requirement has been removed from the FYI
HSGP Guidance.
25% Law
As in past years, at least 25% of FY 10 HSGP funding for SHSP and UASI
Enforcement
recipients must be dedicated to law enforcement- oriented�lanning,
organization, training, exercise, and equipment activities.
M &A Limits
The subgrantee Management and Administrative (M &A) allowance has been
raised from 3% to 5% for the FY 10 HSGP.
Personnel
MMRS and CCP recipients no longer have a personnel cap. UASI and SHSP
Cap
recipients still have a personnel cap of 50 %.
Interoperable
Subgrantees that are using FYI 0 funds to purchase interoperable
Equipment
communication equipment must consult SAFECOM's coordinated grant
guidance, which outlines standards and equipment information to enhance
interoperable communication. The SAFECOM guidance can be found at
http: / /www.safecompro rg am og_v
Equipment
HSGP funds may be used for maintenance contracts, warranties, repair or
Maintenance/
replacement costs, upgrades and user fees under all active and future awards,
Sustainment
unless otherwise noted. The equipment must have been purchased with HSGP
funds.
n /bid., pages 5 -6.
5 Ibid., pages i, 36.
6 Ibid., pages 10, 21, 35.
7 Ibid., page i.
8 Ibid., page 40.
v /bid., page 38.
10 Ibid., pages i, 44 -46.
FYI California Emergency Management Agency Page 7
SECTION 2 - FEDERAL CHANGES AND INITIATIVES
Special Needs Populations whose members may have additional access and functional needs
Populations before, during, and after an incident must be included in planning, response
and recovery documents."
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.
EHP Any project with the potential to impact natural or biological resources or
historic properties cannot be initiated until FEMA has completed the required
Environmental Planning and Historic Preservation (EHP) review.
Subgrantees who are proposing communication tower projects are encouraged
to complete their Federal Communication Commission (FCC) EHP process
prior to preparing their EHP review materials for Grants Program Directorate
(GPD), and to include their FCC EHP materials with their submission to
GPD.
Critical In furtherance of DHS's mission, critical emergency supplies, such as shelf
Emergency stable food products, water, and basic medical supplies are an allowable
Supplies expense under FY10 SHSP. Prior to expending funds on these supplies,
Subgrantees must provide Cal EMA 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.
Exercises Subgrantees must conduct threat and performance -based exercises in
accordance with DHS Homeland Security Exercise and Evaluation Program
(HSEEP) manuals. Grant recipients must report on scheduled exercises at
littps:Hliseep.dhs.gov
For each exercise conducted with FEMA support (grant funds or direct
support), subgrantees must submit an After Action Report (AAR) and
Improvement Plan (IP) to the FEMA Grants and Preparedness Community of
interest (COI)on the Homeland Security information Network (HSIN) within
90 days following the completion of the exercise. 13 For more information on
this process, please contact Kevin Chan at (916) 324 -6736 or
kevin.chan @ohs.ca.goy
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 Cal EMA Program Representative.
" Ibid., pages 58 -59.
12 /bid., pages 59 -61.
13 /bid., pages 63 -64.
FY 10 California Emergency Management Agency Page 8
SECTION 2 - FEDERAL CHANGES AND INITIATIVES
Operation In FYI 0, FEMA added Operation Stonegarden (OPSG) as a fifth sub - program
Stonegarden under The Homeland Security Grant Program (HSGP) suite. 14 However, the
OPSG program will still be maintained by the Infrastructure Protection Grant
Unit at Cal EMA and, as such, a separate state supplemental guidance was
issued.
The Cal EMA OPSG supplement was posted to the Cal EMA website at
1:30pm (PST) on February 1, 2010 and can be located at:
http: // www. calei ca .gov /WebPage /oeswebsite.tisf /CI ieiitOESfi leiibrary /homeland%
20Security %20files /$ file /FY2010_OPSG_ State_ Supplement Guidance.pdf
For further information regarding the OPSG, please contact Scott Sano at
(916)324 -6119 or scott.sanoQohs.ca.eov
ODP Secure The Office of Domestic Preparedness (ODP) secure portal has been migrated
Portal to the Homeland Security Information Network (HSIN). To obtain access,
please contact BJ Bjornson, Cal EMA's Secure Portal Administrator, at
(916) 826 -4488 or H.biornson a ohs.ca.gov
The new "Portal" may be accessed at: littps:Hportal.lisin.gov
More information regarding the HSIN, please see Information Bulletin 335 at:
http: / /www. rema.gov/pdf/ government /grant/bul letins /info33 5.pdf
14 /bid., page L
FYI California Emergency Management Agency Page 9
SECTION 3 - STATE CHANGES AND INITIATIVES
SHSP Priorities While the State Homeland Security Strategy broadly describes goals,
objectives, and implementation steps, the State's priorities for FYI 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
State Initiative In FYI 0, Cal EMA shall retain 20% of the SHSP and UASI funding for state
Funding initiatives. The State will pass through 100% of the MMRS and CCP.
"On Behalf Of" Cal EMA 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
FY 10 HSGP funds. Subgrantees must consider the needs of local units of
government and applicable volunteer organizations in the projects and
activities included in their FYI 0 HSGP application.
Strategy, Planning, Cal EMA will conduct its annual Investment Justification Planning Workshop
and Metrics to receive statewide input across all disciplines. The workshop will be held in
Workshop the Fall of 2010. This workshop is an eligible planning activity. Please be
sure to include the cost to attend this workshop in your FYI HSGP
Application.
Training The State 10% training requirement has been removed from the FYI HSGP.
Non -DHS/ FEMA When seeking approval of non - DHS /FEMA developed courses, course
Developed materials must be submitted with the approval requests. Conditional
Training Courses approvals are no longer offered. For further information on this or other
training related inquiries, please contact the Cal EMA Training Division at
(916) 324 -9128.
Cal EMA Training Website:
http:// www. calema .ca.gov /WebPage /oeswebsite.nsf /content /2FB71 BECDCB00O3 D8
8257678005DDEED ?OpenDocument
FYI California Emergency Management Agency Page 10
SECTION 3 — STATE CHANGES AND INITIATIVES
Golden Guardian Subgrantees scheduled to participate in Golden Guardian (GG) exercise
activities should program FYI HSGP funds into their subgrant application.
Cal EMA Program Representatives will be checking applications from
subgrantees scheduled to participate in GG activities within the FYI HSGP
grant performance period for adequate exercise funding. For exercise related
issues and /or questions, please contact BJ Bjornson at (916) 826 -4488 or
bo.bjornson a,ohs.ca.ogov
Terrorism Liaison In an effort to continue to build towards a comprehensive integrated
Officer prevention network of information sharing, all recipients of FYI Homeland
Security Grant funds will be required to designate a trained Terrorism
Liaison Officer (TLO) within their organization. Subgrantees must require
documentation for their subrecipients prior to the subaward of Homeland
Security Grant funds, which needs to be available during a monitoring visit.
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.
FYI California Emergency Management Agency Page 1 1
SECTION 4 — REQUIRED STATE APPLICATION COMPONENTS
(A checklist for application completeness can be found in Appendix E)
Financial The Cal EMA Financial Management Forms Workbook (FMFW) includes:
Management Forms
Workbook Application Cover Sheet — Use the Cover Sheet to apply for grant programs.
Each grant program requires its own separate cover sheet. The application
cover sheet must be signed in blue ink.
Grant Management Roster — List the names and details of employees and /or
contractors currently managing grants.
Project Descriptions — Describe the various details of each Project
(letter /name, IJs /Goals and Objectives, brief description, need /status,
milestones). A maximum of 20 projects are allowed.
Project Ledger —The project ledger is used in the application process to
submit funding information and is used in the post -award phase for submitting
Cash Requests, Modifications, and Advances.
Equipment Inventory Ledger — Provide detailed information on grant funded
Equipment including the Authorized Equipment List (AEL) numbers. All
AEL information can be found on the web at http: / /www.rkb.us
Training Roster — Provide detailed information on training courses including
the Cal EMA course approved feedback numbers for each activity.
Exercise Roster — Provide detailed information on Exercise activities.
Planning Ledger — Provide detailed information on Planning activities with a
final product identified.
Authorized Agent Sheet — The Authorized Agent Sheet must be submitted
with the application, and all Cash Requests, Modifications, or Advances, with
appropriate signatures.
2010 HSGP FMFW Version 1.10 can be accessed at:
littp:// www. calema .ca.aov /WebPaize /oeswebsite.nsf /Content /2AD 14C38229F5FO388
2575610081917 F ?OpenDocument
FYI California Emergency Management Agency Page 12
SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS
Narrative Explanation of 25% Law Enforcement (SHSP and UASI only) — Describe
Attachments how the Subgrantee will meet the minimum federal requirement for funding
Law Enforcement - oriented activities.
Management and Administrative (M &A) Cap — Describe how the
Subgrantee will not surpass the federally mandated 5% cap on M &A.
Personnel Cap (SHSP and UASI only) — Describe how the Subgrantee will
not surpass the federally mandated 50 %personnel cap.
Special Needs Populations — Provide the name, title and contact information
for the Subgrantees local person(s) responsible for coordinating access and
functional needs of special needs populations in planning, response and
recovery.
Terrorism Liaison Officer (TLO) Roster — The Subgrantee must identify
certified TLOs and provide an initial roster with the application.
California Joint Regional Information Exchange System (CAL JRIES)
Access — Applicants must document access to CAL DRIES, or submit 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
State Terrorism Threat Assessment Center (STTAC) prior to final application
approval.
Training with AAR/Exercise Detail — Per the Federal Guidance, training
conducted using HSGP funds should address a performance gap identified
through an After Action Report/ Improvement Plan (AAR/IP) or contribute
to building a capability that will be evaluated through an exercise.
Subgrantees will explain in a narrative the aan identified. provide access to
the AAR or details of the uacomine exercise. and submit to their CalEMA
Program presentative
Grant Assurances The Grant Assurances list the requirements to which the subgrantees will be
held accountable.
All applicants will be required to submit a signed, original copy of the FYI
Grant Assurances with their FYI HSGP application. The required Grant
Assurances form can be found only in PDF format on the Cal EMA website
and will be available within 14 days of the Federal award.
Note: Self created Grant Assurances will not be accepted.
FYI California Emergency Management Agency Page 13
SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS
Operational Approval Authority Body — Operational Areas must appoint an Anti -
Areas Only Terrorism Approval Body (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 Chief)
Note: A list of the Approval Authority Body members and their associated
contact information, as well as a written agreement from each member, must
be submitted with the FYI HSGP application. Contact your program
representative for more information.
Governing Body Resolution — The Governing Body Resolution appoints
Authorized Agents (identified by the individual's name or by a position title)
to act on behalf of the governing body and the applicant by executing any
actions necessary for each application and subgrant. All applicants will be
required to submit a certified copy of their FYI Governing Body Resolution
with their FYI 0 HSGP application. A sample Resolution can be found in
Appendix C.
Authorized Agent Information Form — For each person or position
appointed by the governing body, submit the following information to Cal
EMA, along with the Resolution, on the applicant's letterhead:
• Narne • Title
• Jurisdiction • Grant Program
• Phone & Fax Number(s) • E -Mail Address
• Street Address, City, & Zip Code
Note: Changes can be made to the Authorized Agent if and when necessary.
If the Governing Body Resolution identifies the Authorized Agent by name, a
new Resolution and corresponding Authorized Agent Information Sheet are
needed when any changes are made. If the Governing Body Resolution
indentified the Authorized Agents by position and /or title, changes can be
made by submitting a new Authorized Agent Information Sheet.
State Agencies Project Narrative — In addition to the FMFW Project Descriptions, State
Only Agencies must complete a Project Narrative form (included in Appendix D).
Signature Authority— State Agency applications must be signed by the
highest -level person, or their designee. If a designee is signing, the highest -
level person must execute and submit a Signature Authority form with the
Application (included in Appendix D).
FYI California Emergency Management Agency Page 14
SECTION 5 -THE STATE APPLICATION PROCESS
Application The completed FMFW V LI0 must be mailed in hard copy with original
Submittal signatures and also submitted electronically via posting to the new "Portal"
( https:Hportal.lisin.gov ) marked "FY10 HSGP Application ". Detailed
instructions on the electronic submittal process will be issued in a Cal EMA
Grant Management Memo prior to application due date.
Documents requiring an original signature will need to be mailed in
hardcopy. Signatures must be in blue ink only.
HAND DELIVERED APPLICATIONS WILL NOT BE ACCEPTED
Late or Incomplete All application materials are due no later than Friday, August 13, 2010 (see
Applications Timeline in Appendix B). Only applications postmarked by the due date
will be accepted. 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 Cal
EMA
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.
FYI California Emergency Management Agency Page 15
SECTION 6 - POST AWARD REQUIREMENTS
Post Award Post award budget, scope and time modifications must be requested using the
Modifications Cal EMA Financial Management Forms Workbook V 1.1 0, signed by the
subgrantee's Authorized Agent, and submitted to the subgrantee's Program
Representative in the Homeland Security Grant Unit at Cal EMA.
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 Request To request advance or reimbursement payment of FYI 0 HSGP funds,
Process complete a payment request form using the Cal EMA Financial Management
Forms Workbook and return it to the appropriate Program Representative in
the Homeland Security Grant Unit at the Cal EMA. Subgrantees who fail to
follow the workbook instructions may experience delays in processing.
Payments can only be made if the subgrantee has submitted a completed an
approved application. 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.magana0a ohs.ca.gov
Advances and DHS allows subgrantees to request FYI HSGP funds up to 120 days prior
Interest Earned on to expenditure /disbursement, or on a reimbursement basis. The federal guide
Advances 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 Cal EMA of any interest returned
on program funds.
Performance Bond Many subgrantees were unable to procure large equipment items due to
problems with vendor delivery scheduled to occur after the federal reporting
period had expired. To assist with this issue, 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.
FY10 California Emergency Management Agency Page 16
SECTION 6 - POST AWARD REQUIREMENTS
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 Cal EMA. Subgrantees must
complete a Biannual Strategy Implementation Report (BSIR) using the
DHS /FEMA Grants Reporting Tool (GRT). To obtain access to the online
GRT, please log on to their website at www.reporting_odp.dlis.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:
Rose Nguyen at rose.n uuyen a,ohs.ca.goy or (916) 322 -2607
Michael Cheng at michael.cheng_nohs.ca.gov or (916) 324 -6779
Failure to Submit Periodic reporting is required by the grant. Subgrantees who miss a
Required Reports single reporting deadline may receive a letter addressed to their Board
of Supervisors informing them of the failure to report. County
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, among
Performance 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.
FYI California Emergency Management Agency Page 17
SECTION 6 - POST AWARD REQUIREMENTS
Suspension/ 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.
• 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.
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.
FYI California Emergency Management Agency Page 18
ATTACHMENT A - FY10 HSGP ALLOCATIONS
State Homeland Security Program (SHSP)
Operational Area
Population
Base Amount
25% LE
SHSP
Total Award
(25% LE + SHSP)
ALAMEDA
1,556,657
100,000
796,945
2,390,835
3,187,780
ALPINE
1,201
100,000
25,596
76,787
102,382
AMADOR
38,080
100,000
43,884
131,652
175,535
BUTTE
220,748
100,000
134,469
403,406
537,875
CALAVERAS
45,987
100,000
47,805
143,415
191,220
COLUSA
21,997
100,000
35,908
107,725
143,633
CONTRA COSTA
1,060,435
100,000
550,869
1,652,607
2,203,476
DEL NORTE
29,547
100,000
39,652
118,957
158,609
ELDORADO
180,185
100,000
114,354
343,061
457,414
FRESNO
942,298
100,000
492,285
1,476,855
1,969,140
GLENN
29,239
100,000
39,500
118,499
157,998
HUMBOLDT
132,755
100,000
90,833
272,499
363,332
IMPERIAL
179,254
100,000
113,892
341,676
455,568
INYO
18,049
100,000
33,950
101,851
135,802
KERN
827,173
100,000
435,195
1,305,584
1,740,778
KINGS
154,743
100,000
101,737
305,211
406,948
LAKE
64,025
100,000
56,750
170,250
227,000
LASSEN
35,550
100,000
42,629
127,888
170,517
LOS ANGELES
10,393,185
100,000
5,178,973
15,536,920
20,715,893
MADERA
152,331
100,000
100,541
301,623
402,163
MARIN
258,618
100,000
153,248
459,745
612,994
MARIPOSA
18,306
100,000
34,078
102,234
136,312
MENDOCINO
90,206
100,000
69,733
209,199
278,932
MERCED
256,450
100,000
152,173
456,520
608,694
MODOC
9,698
100,000
29,809
89,428
119,237
MONO
13,504
100,000
31,697
95,090
126,786
MONTEREY
431,892
100,000
239,175
717,525
956,700
NAPA
137,571
100,000
93,221
279,664
372,885
NEVADA
98,718
100,000
73,954
221,863
295,817
ORANGE
3,139,017
100,000
1,581,636
4,744,909
6,326,545
PLACER
339,577
100,000
193,396
580,188
773,584
PLUMAS
20,632
100,000
35,231
105,694
140,926
RIVERSIDE
2,107,653
100,000
1,070,184
3,210,551
4,280,735
SACRAMENTO
1,433,187
100,000
735,716
2,207,149
2,942,866
SAN BENITO
58,016
100,000
53,770
161,310
215,080
SAN BERNARDINO
2,060,950
100,000
1,047,024
3,141,071
4,188,095
SAN DIEGO
3,173,407
100,000
1,598,690
4,796,071
6,394,761
SAN FRANCISCO
845,559
100,000
444,312
1,332,936
1,777,248
SAN JOAQUIN
689,480
100,000
366,913
1,100,738
1,467,651
SAN LUIS OBISPO
270,429
100,000
159,106
477,317
636,422
SAN MATEO
745,858
100,000
394,870
1,184,611
1,579,482
SANTA BARBARA
431,312
100,000
238,887
716,662
955,549
SANTA CLARA
1,857,621
100,000
946,193
2,838,579
3,784,772
SANTA CRUZ
268,637
100,000
158,217
474,651
632,868
SHASTA
183,023
100,000
115,761
347,283
463,044
FYI California Emergency Management Agency Page 19
ATTACHMENT A - FY10 HSGP ALLOCATIONS
SIERRA
3,358
100,000
26,665
79,996
106,661
SISKIYOU
45,973
100,000
47,798
143,394
191,192
SOLANO
426,729
100,000
236,615
709,844
946,458
SONOMA
486,630
100,000
266,319
798,958
1,065,278
STANISLAUS
526,383
100,000
286,033
858,099
1,144,132
SUTTER
96,554
100,000
72,881
218,643
291,524
TEHAMA
62,836
100,000
56,160
168,481
224,641
TRINITY
13,959
100,000
31,922
95,767
127,689
TULARE
441,481
100,000
243,930
731,790
975,720
TUOLUMNE
56,335
100,000
52,936
158,809
211,746
VENTURA
836,080
100,000
439,611
1,318,834
1,758,446
YOLO
200,709
100,000
124,531
373,594
498,126
YUBA
72,900
100,000
61,151
183,453
244,604
Total
38,292,687
$5,800,000
$20,439317
61,317,950
$81,757,267
Native American Allocation
Coordinating Group
Population
Base
Amount
25% LE
SHSP
Total Award
NATIVE AMERICAN TRIBES
71,287
$100,000
$60,351
$181,054
241,405
Regional Terrorism Threat Assessment Centers (RTTAC)
Region
Total Award
SAN FRANCISCO BAY AREA
1,000,000
SACRAMENTO /CENTRAL VALLEY AREA
1,000,000
GREATER LOS ANGELES AREA
1,000,000
SAN DIEGO AREA
1,000,000
Total
$4,000,000
Urban Areas Security Initiative (UASI)
*A minimum of 25% of UASI ndin must be utilized for Law Enforcement p ur oses
Urban Area
Federal Allocation
to State
80% Allocation to
UASI
20% State Initiatives
ANAHEIM /SANTA ANA AREA
12,773,050
10,218,440
2,554,610
BAY AREA
42,827,663
34,262,131
8,565,532
LOS ANGELES /LONG BEACH AREA
69,922,146
55,937,717
13,984,429
OXNARD AREA
2,507,575
2,006,060
501,515
RIVERSIDE AREA
5,286,378
4,229,103
1,057,275
SACRAMENTO AREA
3,947,286
3,157,829
789,457
SAN DIEGO AREA
16,208,500
12,966,800
3,241,700
BAKERSFIELD AREA
1,014,919
811,936
202,983
Total
$154,487,517
$123,590,016
1 $30,897,501
Metropolitan Medical Response System (MMRS)
FYI California Emergency Management Agency Page 20
ATTACHMENT A - FY10 HSGP ALLOCATIONS
MMRS Jurisdiction
Federal Allocation to
State
Allocation to MMRS
ANAHEIM
317,419
317,419
BAKERSFIELD
317,419
317,419
FREMONT
317,419
317,419
FRESNO
317,419
317,419
GLENDALE
317,419
317,419
HUNTINGTON BEACH
317,419
317,419
LONG BEACH
317,419
317,419
LOS ANGELES
317,419
317,419
MODESTO
317,419
317,419
OAKLAND
317,419
317,419
RIVERSIDE
317,419
317,419
SACRAMENTO
317,419
317,419
SAN BERNARDINO
317,419
317,419
SAN DIEGO
317,419
317,419
SAN FRANCISCO
317,419
317,419
SAN JOSE
317,419
317,419
SANTA ANA
317,419
317,419
STOCKTON
317,419
317,419
Total
$5,713,542
$5,713,542
Citizen Corps Program (CCP)
CCP
Federal Allocation to State
Allocation to CCP
CALIFORNIA VOLUNTEERS
$986,002
$986,002
FYI California Emergency Management Agency Page 21
ATTACHMENT B - FY10 HSGP TIMELINE
DHS Announcement of FYI HSGP
December 8, 2009
FYI HSGP California Supplement (Including Subgrantee
March 2010
Allocations) Release
SAA Application Due to DHS
April 19, 2010
Subgrantee Application Workshops
April 2010
DHS Award to California
July 30, 2010*
Subgrantee Applications Due to Cal EMA
August 13, 2010*
Subgrantee Awards (45 days from DHS award)
September 13, 2010*
Subgrantee Performance Period Begins
September 13, 2010*
Subgrantee Performance Period Ends
April 30, 2013
Final Requests for Reimbursement Due
May 10, 2013
SAA Performance Period Ends
July 31, 2013
* Date approximate depending on DHS award date
FYI California Emergency Management Agency Page 22
ATTACHMENT C — SAMPLE GOVERNING BODY RESOLUTION
BE IT RESOLVED BY THE
OF THE
(Governing Body)
(Name of Applicant)
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
THAT
K2
X'
(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
lm
(Name)
Of the
duly appointed and
(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)
FYI California Emergency Management Agency Page 23
ATTACHMENT D — STATE AGENCY SIGNATURE AUTHORITY FORM
AS THE
OF THE
(Secretary /Director / President / Chancellor)
(Name of State Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named state
organization, any actions necessary for the purpose of obtaining federal financial assistance provided by
the federal Department of Homeland Security and sub - granted through the California Emergency
Management Agency.
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
I'
•'
(Name or Title of Authorized Agent)
Signed and approved this day of , 20
(Signature)
FYI California Emergency Management Agency Page 24
ATTACHMENT E - STATE AGENCY PROJECT NARRATIVE
Applicant (state organization
NOTE: Complete a separate Project Description for each proposed project
Project Title :.
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
Food and Agriculture Safety
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 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 FYI 0
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:
FYI 0 California Emergency Management Agency Page 25
ATTACHMENT F - FY10 HSGP APPLICATION CHECKLIST
Subgrantee:
FIPS #:
Cal EMA Regional Rep:
OPERATIONAL/URBAN AREAS
Financial Management Forms Workbook
Application Cover Sheet
Grant Management Roster
Project Descriptions
Project Ledger
Equipment Inventory Ledger
Training Roster
STATE AGENCIES
Exercise Roster
Planning Ledger
Authorized Agent Sheet
Narrative Attachments:
25% Law Enforcement — Minimum
5% M &A Cap
50% Personnel Cap (UASI
& SHSP only)
Special Needs Populations
TLO Roster
CAL JRIES Access
Training w /AAR/Exercise Detail
Approval Authority (OAs only):
Contact Information for each
member
Written Agreement from each
member
Governing Body Resolution (Certified)
Authorized Agent(s) Information Form
Grant Assurances (Signed Originals)
Financial Management Forms Workbook
Application Cover Sheet
Grant Management Roster
Project Descriptions
Project Ledger
Equipment Inventory Ledger
Training Roster
Exercise Roster
Planning Ledger
Authorized Agent Form
Narrative Attachments:
TLO Roster
CAL JRIES Access
25% Law Enforcement - Minimum
Special Needs Populations
Training w /AAR/Exercise Detail
5% M &A Cap
50% Personnel Cap
Project Narrative Form
Signature Authority - Authorized Agent
Grant Assurances (Signed Originals)
FYI California Emergency Management Agency Page 26
ATTACHMENT "B"
AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
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ATTACHMENT "C"
AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
Name of Applicant:
Address:
City:
State:
Zip Code:
Telephone Number: Fax Number:
E -Mail Address:
As the duly authorized representative of the applicant, I certify that the applicant named above:
Will assure that grant funds will support efforts related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies.
2. 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).
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between grant programs (for example: State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
fiscal years.
4. Will comply with any cost sharing commitments included in the FY2010 Investment
Justifications submitted to DHS /FEMA /Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General of
the United States, the State of California, the Office of Inspector General, 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.
6. 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, follow the Federal and State
approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by
the Fusion Capability Planning Tool.
Page 1 Initials
7. 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.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHS /FEMA's codified regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, including the payment of interest earned on advances.
11. 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.
12. 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.
13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -
owned, women - owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
14. Will notify Cal EMA of any developments that have a significant impact on award - supported
activities, including changes to key program staff.
15. 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
structures.
16. Will comply with all Federal and State 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.
Page 2 Initials
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.
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.
I. 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.
17. 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 -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 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally- assisted programs.
18. 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.
19. 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.
20. 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, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, and purchase and /or use of any sonar equipment. The subgrantee must
comply with all conditions placed on the project as a result of the EHP review. Any construction -
related activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible for reimbursement with DHS /FEMA /Cal EMA
funding. Any change to the scope of work will require re- evaluation of compliance with the
EHP. If ground- disturbing activities occur during the project implementation, the subgrantee
must ensure monitoring of the disturbance. If any potential archeological resources are
Page 3 Initials
discovered, the subgrantee will immediately cease activity in that area and notify
DHS /FEMA /Cal EMA and the appropriate State Historic Preservation Office.
21. 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.
22. 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 (1 1990) and Environmental Justice (EO12898) and Environmental
Quality (EO1 1514).
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.
23. 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.
24. 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 of FEMA'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. "
25. 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.
Page 4 Initials
26. 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.
27. 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.
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.
28. 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).
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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
Page 5 Initials
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.
35. 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.
36. 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.
37. 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.
38. 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 -1 10); 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).
39. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
40. 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.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in the current edition of
the DHS Financial Management Guide.
Page 6 Initials
43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2010 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2010 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 FY2010 Homeland Security Grant
Program application. Further, use of FYI funds is limited to those investments included in the
California FYI Investment Justifications submitted to DHS /FEMA /Cal EMA and evaluated
through the peer review process.
44. 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 ".
45. 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.
46. 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
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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).
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).
47. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
48. 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 Agent:
Title:
Date:
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