HomeMy WebLinkAboutCC AG PKT 2008-04-14 #K
AGENDA STAFF REPORT
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DATE:
April 14, 2008
TO:
Honorable Mayor and City Council
THRU:
FROM:
David Carmany, City Manager
Lt. Tim Olson
SUBJECT: 2007 Homeland Security Grant Program Agreement
SUMMARY OF REQUEST:
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The proposed City Council action will adopt a resolution allowing the City of Seal
Beach to enter into an Agreement to Transfer Property or Funds for 2007
Homeland Security Grant Program Purposes. 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:
The Federal Homelands Security Appropriations Act provides funding to address
the needs of high risk urban areas through planning, equipment, training, and
exercises through the Urban Area Security Initiative ("UASI'); the City of Seal
Beach is located in the Anaheim/Santa Ana Urban Area, and is eligible to receive
financial assistance in the form of funds and/or equipmenVservices and training
cost reimbursement through Homeland Security and UASI sub-grants from the
Cities of Anaheim/Santa Ana and the County of Orange. The City must enter into
agreements with the County of Orange and the City of Santa Ana which is the
UASI core agency for the Santa Ana/Anaheim Urban Area 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.
FISCAL IMPACT:
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Acceptance of these funds may offset public safety expenditures for the City of
Seal Beach for a variety of needs which may fall under the umbrella of Homeland
Security.
AGENDA ITEM k
page 2
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RECOMMENDATION:
Staff recommends the City Council adopt Resolution Number the
Agreement to Transfer Property or Funds for 2007 Homeland Security Grant
Programs.
SUBMITTED BY:
NOTED AND APPROVED:
/\/'~ <J~
-J - _
c::5=- -; -.
David carmany,lity Manager
Lieutenant Tim Olson
Attachments:
A. Resolution
B. Agreement
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2007 HOMELAND SECURITY GRANT PROGRAM PURPOSES
TIDS AGREEMENT is entered into this 14 th day of Apr il
200~, which
6 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
7 political subdivision of the State of California, hereinafter referred to as "COUNTY", and
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City of Seal Beach
, a (municipal corporation/special districtlnot-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 07 CA Supplement to Federal Program Guidelines) and B
(2007 Homeland Security Grant Programs) 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 MVTUALL Y AGREED AS FOLLOWS:
1.
COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
21 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
23 acquired, COUNTY shall transfer said equipment, technology or services to SUB GRANTEE as soon
24 after acquisition by COUNTY as is reasonably practicable.
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2.
If COUNTY transfers grant funds to SUB GRANTEE, SUBGRANTEE shall use said
26 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
_ 27 to perfonn such other grant functions, if any, for which Attachments A and B permit SUB GRANTEE to
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Page 1 of4
1 expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
2 authorized agent.
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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 t=s of the grant, and
5 shall make it available for mutual aid response.
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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 pay for
10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the
1 I said equipment.
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5.
SUB GRANTEE shall assume all continuation costs of said equipment, technologies
I3 and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
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technologies and/or services.
6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
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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.
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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 and B hereto, and from any and all claims and
24 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 SUB GRANTEE' s performance of this Agreement, including Attachments A and B hereto.
27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound _
28 by all applicable provisions of Attachments A and B hereto. SUB GRANTEE shall notify COUNTY
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1 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
e 2 Attachments A and B hereto.
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9.
SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
4 Auditor General with respect to this Agreement for a period of three years after final payment
5 hereunder.
6 10. No alteration or variation of the terms of this Agreement shall be valid unless made in
7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
8 agreement not incorporated herein shall be binding on any of the parties hereto.
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11.
SUBGRANTEE may not assign this Agreement in whole or in part without the express
10 written consent of COUNTY.
11 12. For a period of three years after final payment hereunder or until all claims related to this
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Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A and B hereto. For the same time period,
SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
from which COUNTY received grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
usual working hours.
13.
SUBGRANTEE shall provide to COUNTY all records and information requested by
20 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
21 required to provide to the agency from which COUNTY received grant funds or other persons or
22 agencies.
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14.
COUNTY may terminate this Agreement and be relieved of the payment of any
24 consideration to SUBGRANTEE if a) SUB GRANTEE fails to perform any of the covenants contained
25 in this Agreement, including Attachments A and B hereto, at the time and in the matter herein provided,
26 or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with
. 27 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
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2 performance of this Agreement, including Attachments A and B hereto, and shall not be considered
3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
5 State of California.
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7 DATED: ,2007
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APPROVED AS TO FORM:
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COUNTY COUNSEL
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14 By ~tJk d. ~~
Nicole A. Sims, Deputy
By
COUNTY OF ORANGE, a political
subdivision of the State of California
/~ -
Uh~ff-Coroner
"COUNTY"
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16 DATED:
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18 DATED:
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23 ATTEST:
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By
25 City Clerk
26 DATED:
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.2007
SUBGRANTEE
By:
David Carmany
City Manager
By:
....
,2007
Page 4 of4
Attachment A
_ Governor's Office of Homeland Security
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FY07 Homeland Security Grant Program
California Supplement
Federal Program Guidance and Application Kit
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Revised
June 1, 2007
Table of Contents
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Page
Section One - Overview 4
Federal Program Guidance and Updates 4
Purpose of the California Supplement 4
Eligible Subgrantees 4
Approval Authority Body (SHSP and LETPP only) 4
Subgrant Allocations 4
Tribal Governments 5
Public and Private Organizations 5
Management and Administrative Costs 5
State Contact Information 5
Section 2 - Snbgrant Timeline 6
Timeline Chart 6
Section 3 - Key Changes 7
Key Changes and State Initiatives 7-10
Section 4 - Snbgrant Applications 11
State Application Components I1
Regional Approach I1
Applications Due 12 _
Application Approval 12
Governing Body Resolution 12
Grant Assurances 12
State Agencies I3
Section 5 - Post Snbgrant Award 14
Post A ward Modifications 14
Subgrantee Performance Reports 14
Monitoring Subgrantee Performance 15
Suspension or Termination 15
Closeout 16
Advances and Interest Earned on Advances 16
Payment Request Process 17
Non-G&T Developed Training Courses 17
Authorized Equipment List 18
Equipment Purchase Assistance Program 18
Section 6 - Forms 19
Governing Body Resolution - OA and VASI 20
Governing Body Resolution Instructions 21
Signature Authority - State Agency 22
State Agency Project Description Template 23
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FY07 Homeland Security Grant Program Page 2
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[ Left Blank Intentionally]
FY07 Homeland Security Grant Program
Page 3
Federal
Program
Guidance and
Updates
Information
Bulletins
Purpose of the
California
Supplement
Eligible
Subgrantees
Approval
Authority Body
(SHSP aud
LETPP only)
Subgrantee
Allocations
Section 1 - Overview
The u.s. Department of Homeland Security (US DHS) published the FY 2007
Homeland Security GranJ Program, Program Guidance and Application Kit
on January 5, 2007.
.
The Guidance and Application Kit may be obtained at:
httn;//www.oiD.usdoi.gov/odD/grantshsgo.htm.
us DHS also issues infonnation bulletins which provide grant updates,
information, clarification, and requirements throughout the life of the grant.
Infonnation Bulletins;
httn;/ /www.OiD.Usdoi.gov/odD/docslbulletins.htm
The California Supplement to the Federal Program Guidance is intended to
complement, rather than replace, the Guidance published by the United States
Department of Homeland Security's (US DHS), Office of Grants and Training.
The Supplement will emphasize differences between the FY 06 and FY 07
Homeland Security Grant Programs, and will include additional California
policies and requirements applicable to FY 07 HSGP.
Eligible sub grant recipients, referred to as subgrantees, differ for each
program. Generally, eligible subgrant recipients will remain the same as in FY
06.
Operational Areas (OA)
- inclndes Metropolitan Medical Response (MMRS)
- Urban Area Security Iuitiative Jurisdictions (VAS!)
State Agencies (SA)
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Operational Areas must appoint an Anti-Terrorism Approval Body (Approval
Authority) to have final approval of the OA's application for SHSP and
LETPP 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 Chref (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 and LETPP funds.
NOTE: A list of the Approval Authority Body members, and associated
contact information, must be submitted with the FY07 HSGP application.
Subsequent to US DHS' s announcement of funding to California on
approximately July 5, 2007, subgrantee allocation infonnation will be made
available via a OHS Grant Management Memorandum (GMM)
FY07 Homeland Security Grant Program
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Tribal
Governments
PnbIic and
Private
Organizations
Management
and
Administrative
Costs
State Contact
Information
Important
Note:
OHS website
Access to
Secnre portal
Important
Note:
Grants
Reporting Tool
NOTE: All subgrantees are encouraged to coordinate with Tn'bal
Governments to ensure that Tribal needs are considered in the subgrantees'
applications.
NOTE: Subgrantees may contract with any.other public or private
organizations to perform eligible activities on approved projects.
The subgrantee Management and Administrative (M&A) allowance is a
maximum of3% of the subgrant award on all FY 07 HSGP programs.
All sub grantee application materials, related questions, comments and
correspondence should be directed to the address below.
Governor's Office of Homeland Security
ATIN: Grants Management Section
State Capitol
Sacramento, CA 95814-4900
(9 I 6) 324-8908
(916) 324-5902 Fax
OHS Regional Representatives may be located on the regional map at:
htto:1 Iwww.homeland.ca. gOY I l!I'llIlts.html
HAND DELNERED APPLCATIONS WILL NOT BE ACCEPTED
Governor's Office of Homeland Secnrity Website
htto:llwww.homeland.ca.l!ovl
Office for Domestic Preparedness Secure Portal
httos:llodp .esoortals. com/index.cfin
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.biornson@ohs.ca.goV Phone (916) 826-4488
The FY 07 HSGP Enhancement Plan, Threat Overview, Investment
Justifications are posted on the secnre portal. It is important that
anyone needing access to these documents obtain access as soon as
possible. The volume of reQnests to obtain portal access is ereativ
increased as deadlines approach and processing times are increased
accordinelv.
Office for Domestic Preparedness, Grant Reporting Tool (GRT)
httos:llwww .reporting.odp.dhs .gOY
FY07 Homeland Security Grant Program
Page 5
Section 2 - Subgrant Timelines
FY07HSGP us DHS Announcement ofFY 07 HSGP January 5,2007 _
Subgrantee
Timellne FY 07 HSGP California Supplement release March 27, 2007
First subgrantee application workshop March 27, 2007
Last sub grantee application workshop April 1 0, 2007
SAA application Due April 5,2007
US DHS Award July 5, 2007.
OHS release of Suballocations July 9, 2007.
Subgrantee applications due to OHS Augnst 9, 2007"
Subgrantee awards (60 days-US DHS award) Sept 5, 2007"
Subgrantee performance period begins September 5, 2007
Subgrantee performance period ends April 5, 2010
Final requests for reimbursement due April 15, 2010
SAA Perforinance Period Ends July 5, 2010 _
" Date approximate depending on US DHS awnrd date
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FY07 Homeland Security Grant Program
Page 6
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Key Chanees and
State Initiatives
Section 3 - Key Changes and State Initiatives
Counterterrorism Staffing Pilot for FY 07 VASI - As a pilot in FY 07,
Tier I VASI jurisdictions may use FY 07 VASI funds to support non-
overtime (or regular time) operational costs for existing positions that are
currently assigned to full-time counterterrorism duties, including
intergovernmental assignments. Counterterrorism duties include such
activities as intelligence gathering, information sharing, and surveillance.
Costs associated with newly hired personnel or regular time for personnel at
all engaged in traditional public safety or non-counterterrorism duties in
these jurisdictions are ineligible. FY 06 VASI funds may also be used
retroactively for this activity.
Law Enforcement Training Set Aside - Local law enforcement and the
Peace Officers Standards Wld Training (pOST) shall make available funds
for training law enforcement officers in terrorism awareness and in becoming
a Terrorism Liaison Officer (TLO). The OHS will be holding back ten
percent (10%) ofLETPP funds to awarded to California and award them to
POST for this purpose.
Terrorism Liaison Officer (TLO) -In Wl effort to continue to build
towards a comprehensive, integrated prevention netwOlK of information
sharing, all recipients ofFY 07 HomelWld Security Grant funds will be
required to demonstrate connectivity to a trained TLO; however, the TLO
does not have to reside in their agency. An initial roster must he
submitted at the time of application. Subgrantees must require
documentation for their subrecipients prior to the subaward of
homeland secnrity grant funds.
CAL JRIES - The State Terrorism Threat Assessment Center (SIT AC) Wld
Regional Terrorism Threat Assessment Centers (RITAC) are all linked by a
common information sharing system, the California Joint Regional
Information ExchWlge System (CAL JRlES), which provides date sharing
capabilities throughout the state. The JRlES is Wl integral component in the
information sharing network throughout the state. Applicants shall
document Cal JRIES access or an application for access to CAL JRIES
in their grant application to be eligible for funding. Access of an
application for access will be confirmed with the SIT AC prior to final
application approval.
Regional Terrorism Threat Assessment Centers (RIT AC) - To
compliment federal efforts, California has created four (4) mutually
supporting Regional Terrorism Threat Assessment Centers (RITAC) aligned
with the four (4) FBI Field Offices in the state (SWl Diego, Los Angeles, SWl
FrWlcisco, Wld Sacramento), and a State Terrorism Threat Assessment Center
(SITAC), all linked by a common information sharing system (CAL JRlES).
Each RITAC shall receive $1,000,000 in homeland security funding for FY
07.
FY07 Homeland Security Grant Program
Page 7
Key Changes
and State
Initiatives
( cont)
Tactical Interoperable Commnnications Plans (TICP) - In FY 07
participation in the California Statewide Interoperability Executive Committee
(CalSIEC) and the development of a Tactical Interoperable Communications
plans is strongly suggested. It is the intention ofOHS to require participation
in CalSIEC and the development of a TICP as a condition ofFY 08 HSGP
funding. CalSIEC is coordinating the development of the Statewide-
Communications Interoperability Plan (SCIP) by November 2007 as required
by the federal guidance. Technical assistance in developing TICP is available.
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Failure to Submit Required Reports - Many Subgrantees fail to fulfill the
periodic reporting requirements as required by the grant. Subgrantees who
miss a single repcrting 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 will have subsequent awards reduced by ten percent
(10%) until timely reporting is reestablished.
Corrective Action Plans - The Monitoring and Audits Unit (MAD) is
actively conducting monitoring visits, both desk review and on-site, among
subgrantees. Many of these jurisdictions receive "findings" which 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.
"On Behalf Or' - Consistent with the federal guidelines, the OHS 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.
_
Stakeholders Conference - OHS will conduct an annual stakeholder's
conference to receive statewide input across all disciplines. In FY 06 and FY
07 these conferences were call the "Program and Capability Review". For
planning purposes, the conference will be he Sacramento each year the first
two weeks of December. This conference is an eligible planning activity.
Please be sure to include the cost to attend this stakeholder's conference in
your FY 07 HSGP application.
State Initiative Funding - In FY 07 HSGP, the OHS shall retain twenty
percent (20%) of the SHSP, VASI, and LETPP funding awarded to California
for state initiatives. The State will pass 100% of the MMRS and CCP funding
to eligible subgrantees.
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FY07 Homeland Security Grant Program
Page 8
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Key Changes
and State
Initiatives
(cont)
Important
Note:
Golden
Guardian
Costs
CDRCAP
10% Training Requiremeut - Generally, there are not state restrictions or
preferences on how subgrantees allocate funds across eligible program
activities. However, not less than ten percent (10%) ofall subgrantee
applications must be allocated to G&T approved Training activities.
Exercises - Subgrantees must conduct threat- and performance-based exercises
in accordance with G&T's Homeland Security Exercise and Evaluation
Program (HSEEP) manuals. Once an exercise paid for with grant funds has
been scheduled, subgrantees mnst notify the Office ofHomeJand Security,
Training and Exercise Program (T &E) of the exercise date, time, location, and
point of contact information. T &E will maintain a web-based master schedule
of all exercises occurring throughout the state, to increase communication and
coordination of all exercises.
Exercise After Action Reports (AAR) and Improvement Plans (IP) must be
provided to G&T within 60 days following the completion of each exercise.
Delivery Ie G&T is accomplished by posting the AAR and IP in the
appropriate portion of the G&T secure portal. Exercise costs wIll not be
reimbursed until an after action report has been posted On the secure
portal.
Subgrantees scheduled to participate In Golden Guardian (GG) exercise
activities should program FY 07 HSGP funds Into their subgrant
application. OHS program representatives will he checking applications
from suhgrantees scheduled to participate GG activities within the FY 07
HSGP grant performance period for adequate exercise funding.
T &E is the subgrantee's point of contact for exercise related issues and
. questions. Sub grantees may contact the T &E at (916) 826-4488, or bye-mail
to Bi.Biomsonlaiohs.ca.eov.
California Disaster Resource and Capability Assessment Project
(CDRCAP) - Travel costs to participate in the CDRCAP is an eligible
planning cost. Participants should coordinate with their operational area,
urban area or state agency to ensure the costs of participating in the project are
reflected in their respective application.
Allocations by Discipline - Subgrantees are nO longer required to follow the
20/20/20/40 split regarding allocation percentages for SHSP funding.
FY07 Homeland Security Grant Program
Page 9
Key Chang....
and State
Initiatlv....
( cont)
Personnel Costs - In FY 07 HSGP the fifteen percent (15%) cap on personnel
costs is not applicable to the Metropolitan Medical Response System (MMRS)
or Citizen Corps Program (CCP) funding.
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, US DHS
allowed purchase ofa "performance bond" wherein subgrantees procured the
item(s) in question, paid the money up front, and purchased a performance
bond to ensure delivery of the item after the grant period had expired.
Subgrantees must purchase a performance bond for any equipment item over
$250,000 or any vehicle (aircraft or watercraft) financed with homeland
security dollars.
Grant Management Capabilities - Applicants will be required to document
their grant management capabilities and include this information with their
application.
Financial Management Forms Workbook - an electronic copy of the OHS
Financial Management Forms Workbook V 1.07 must be submitted to the ODP
Secure Portal via email. Documents requiring an original signature will need
to be sent in hardcopy.
Late or Incomplete Applications - Late or incomplete applications will be
reviewed and/or-denied at the sole discretion of the OHS.
Page 10
FY07 Homeland Security Grant Program
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State Required
Application
Components
State Agency
Project
Narrative
Regional
Approacb
Section 4- Subgrant Applications
A completed application will include all oftbe following components.
. Completed OHS Financial Management Forms Workbook V 1.07
- 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
Exercise Roster
Terrorism Liaison Officer (TLO) Roster
Authorized Agent form with appropriate signatures
. Project Description Narrative for State Agencies - Mailed
. Governing Bod~ Resolution - Mailed
. Project Narrative - (State Agency Only) - Mailed
- Template available in Section 6
. Signature Authority - Mailed
. Signed Original Grant Assurances - Mailed
- Available only in PDF format on the OHS website
The Financial Management Forms Workbook V 1.07 can be found at
htto:llwww.homeland.ca.!!ov/lU.llllts.hnnl
NOTE: Subgrant awards will not be made Dntil all required application
components bave been approved by the state.
Sub grantees must take a regional approach when determining the best use of
FY 07 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 07 HSGP application.
FY07 Homeland Security Grant Program
Page 11
Applications
Due
Application
Approval
Governing
Body
Resolution
Grant
Assurances
Important
note:
Completed financial management forms workbooks must submitted
electronlcany to the ODP secure portal. Detailed instructions on the
electronic submittal process win be issued in an OHS Grant Management
Memo prior to application due date. Project description narratives and
original grant assurances must be mailed to the address below.
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All application materials are due no later than Thursday, August 9, 2007.
Only applications postmarked by the due date will be accepted. Additional
information will be requested or accepted from sub grantees at the sole
discretion of the Governor's Office of Homeland Security COHS).
Applications lost in transit are the responsibility of the applicant and will not
be considered for funding.
The mailing address for aU applications is:
Governor's Office of Homeland Security
A TrN: Grant Management Section
State Capitol
Sacramento, CA 95814
ODP Secure Portal
httos:/lodo .escortals.com/index.cfin
The subgrantee will receive written notice of the state's approval of the
subgrant application no later than 60 days after the federal grant award.
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The Governing Body Resolution appoints agents authorized to execute any
actions necessary for each application and subgrant.
NOTE: All applicants will be required to submit a new Governing Body
Resolution with their FY 07 HSGP application. A sample Resolution can be
found in Appendix A- Forms.
The Grant Assurances form lists the requirements to which the subgrantees
will be held accountable.
NOTE: All applicants will be required to submit new Grant Assurances with
their FY 07 HSGP application. The required Grant Assurances form can be
found only in PDF format on the OHS website.
Self created grant assurances forms will not be accepted.
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FY07 Homeland Security Grant Program
Page I2
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Which State
organizations
may apply?
Who may sign
the Application
for a State
Agency?
For which
Programs may
State
Organizations
Apply?
Use of UASI
funding by
State Agencies
What are the
State Priorities
for FY 07
HSGP?
Project
Narrative
State Agencies
Any state agency, department, commission, board, etc., may apply for FY
2007 Homeland Security Grant Program (HSGP 07) funding, as long as the
organization:
, Has, or can obtain, appropriate state Department ofFinance 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.
The application cover sheet must be signed by the highest-level person at the
state organization, or their designee. If a designee, the highest-level person at
the state organization must execute and submit a Signature Authority form
with the Application Package.
NOTE: The requirement for the creation of an Approval Authority Body
does not apply to state organizations.
State organizations may apply for;
- State Homeland Security Program (SHSP)
. Law Enforcement Terrorism Prevention Program (LETPP)
- Urban Areas Security Initiative (UASn
Ifa state organization applies for any of the UASI state allocation, the funds.
must be used to directly support one or more pre-selected urban area(s). The
application's UASI project description must describe the project AND
identify the urban area(s) that will be supported by the project.
While the State Homeland Security Strategy broadly describes goals,
objectives and implementation steps, the state's priorities for FY 07 HSGP
are:
(I) Interoperable Co=unications
(2) Catastrophic Planning
(3) Medical Surge
(4) Citizen Preparedness and Participation
(5) Mass Prophylaxis
(6) Critical Infrastructure Protection
(7) Training for First Responders
In addition to the project description in the Financial Management Forms
Workbook, a detailed project narrative is required.
Project Narrative is included in Section 6 - Appendices
FY07 Homeland Security Grant Program
Page I3
Post Award
Modifications
Subgrantee
Performance
Reports
Section 5- Post Award Requirements
Post award budget, scope and time modifications must be requested using the
OHS Financial Management Forms Workbook V 1.07, by the subgrantee's
Authorized Agent, and submitted to the subgrantees Program Representative
in the Grant Administration Unit at the Governor's Office of Homeland
Security. Upon approval the subgrantee will be instructed to make the
required changes in the Office for Domestic Preparedness (ODP), Grants
Reporting Tool (GRT) httos:/Iwww.reoortinl!.odo.dhs.l!ov . The subgrantee
may implement the modifications, and incur associated expenses, after
receiving written final aporoval of the modification from the State.
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NOTE: Modifications can be reqnested 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.
Sub grantees must prepare and submit performance reports to the state for the
duration of the grant performance period, or until all grant activities are
completed and the grant is formally closed. Sub grantees must complete a
Biannual Strategy Implementation Report (BSIR) using the Office for
Domestic Preparedness (ODP), Grants Reporting Tool (GRT)
httos://www.reoortinl!.odo.dhs.l!ov , and will also be required to submit
additional information and data requested by the state.
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Subgrantees who miss a single reporting deadline will receive a letter
addressed to their Board of Supervisors informing them of the failure to
report. Snbgrantees who fail to report twice in a row will have
subsequent awards reduced by ten percent (10%) until timely reporting
is reestablished.
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FY07 Homeland Security Grant Program
_
_
_
Monitoring
Sabgrantee
Performance
Important
note:
Suspension or
Termination
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:
- Grant Assurances.
- Information provided on performance reports and payment requests.
- Needs and threat assessments and strategies.
It is the responsibility of all subgrantees to monitor and audit the grant
activities oftheir subrecipients. This requirement includes, but is not
limited, to on site verification of grant activities as required.
......,.
The State may suspend or terminate subgrant funding, in whole or in part, or
other measures may be imposed for any of the following reasons:
. Failing to expend funds in a timely manner consistent ';Vith the grant
milestones, guidance and assurances.
. Failing to comply with the requirements or statutory objectives offederal
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
originaIly 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.
FY07 Homeland Security Grant Program
Page 15
Closeout
Advances and
Interest Earned
on Advances
Payment
Request
Process
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.
The U.S. Department of Homeland Security allows subgrantees to request FY
07 HSGP funds up to 120 days prior to expenditure/disbursement, or on a
reimbursement basis. The federal guide requires that advances must be
deoosited in interest-beann!! 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 grantees Program Representative
in the Grant Administration Unit at the Governor's Office of Homeland
Security, of any interest returned on program funds.
To request advance or reimbursement payment ofFY 07 HSGP funds,
complete a payment request form using the OHS Financial management
Forms Workbook and return it to the appropriate Program Representative in
the Grant Administration Unit at the Governor's Office of Homeland
Security.
OHS Financial Management Forms Workbook V 1.07
htto:llwww.homeland.ca.l!ov I l!T8Ilts.html
NOTE: Payments can only be made if the subgrantee has an approved
application, valid Governing Body Resolution and valid Grant Assurance
form.
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FY07 Homeland Security Grant Program
Page 16
_
_
_
Non-G&T
Developed
Training
Courses
When seeking US DHS approval ofnon-G&T developed courses, the most
notable changes:
. Course materials must be submitted with the approval request; and,
. Conditional approvals are no longer offered.
The Office of Homeland Security HSTEEP will release additional training
related information at a later date.
OHS Training Website:
httn:llwww.homeland.ca.!!ovlhseeorrrainineHome.html
FY07 Homeland Security Grant Program
Page 17
Authorized The FY 07 Authorized Equipment List (AEL) may now be found on the web
Equipment List at htto://www.rkb.mipt.org.
Eqnipment
Purchase
Assistance
Program
The federal Department of Homeland Security's Equipment Purchase
Assistance Program (EP AP)* allows grantees access to the Defense Logistics
Agency's (DLA) "prime vendors". California has estlIblished an on-line
purchase process with Fisher Safety, a DLA prime vendor that will allow
subgrantees access to the EPAP. Benefits of the program include shorter
procurement lead time, online ordering and a diverse inventory of products.
However, Fisher Safety may not carry all items on the AEL and standard
sub grantee procurement processes should be followed to obtain those items.
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Subgrantee participation in EPAP is voluntary.
Sub grantees must submit an Equipment Inventory from the OHS Financial
Management Workbook with their application package. The Workbook is
available at http://www.homeland.ca.gov/grants.htmJ.andindicates.by
project and funding source, the value of equipment purchases to be made
through Fisher Safety, or through the sub grantee's standard procurement
processes. Subgrantee funds cOllll11itted to Fisher Safety will be paid by the
state, directly to DLA, upon Fisher Safety's notification that sub grantee
ordered equipment has been shipped. Consequently, the funds committed to
Fisher Safety wUI not be available for subgraniees to request as either an
advance or reimbursement payment.
To view Prime Vendor pricing on the Quartermaster website and try ont
the site without placing an order.
\. Go to Fisher Safety's website www.fishersafetv.com
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2. Under the username enter "caprimevendor"
3. Under the password type "california" in lowercase.
4. Common reimbursable products can be view by SEL/AEL categories
under the H oUist link in the top right comer
5. All Products can be found in Search by typing in part numbers,
descriptions, and manufacturer's names. Search will show all items in
Fisher's system but will highlight the reimbursable ones with a small
green "P" and labeled CA OHS/OES reviewed item.
If anyone requires any additional help, they can call the Quartermaster
Hotline I -888-764-3572 or email at CS.OuartennasterlaJ,fisherscLcom.
Section 6 - Appendices
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FY07 Homeland Security Grant Program
Page 18
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1.) Governing Body Resolution - OA and VASI
2.) Signature Authority - State Agency
3.) State Agency Project Description Template
FY07 Homeland Security Grant Program
Page 19
Governing Body Resolution
(For Operational Areas and Urban Areas)
BE rr RESOLVED BY THE
(Govcmin~ Body)
OF THE
THAT
(Name of Ajop1icanl)
OR
(Name or Till. of AUlhorizod A&cnt)
OR
(Name or Till. of A_Agent)
(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
I,
, duly appointed and
(Name)
of the
(Title)
(Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the
of the
on the
(Governing body)
(N"'" of AppliCBDt)
day of
,20
(Otlicial Positioo)
(SigtllllurC)
(Dote)
FY07 Homeland Security Grant Program
Page 20
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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
Ageut(s)
Authorized
Ageut Changes
The Governing Body Resolution allows for the appointment of individuals
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:
0 Jurisdiction 0 Telephone
0 Grant Program 0 Fax #
0 Name 0 Cell Phone #
0 Title 0 E-Mail Address
0 Address
0 City
0 Zip Code
. If the Governing Body Resolution identifies Authorized Agents by
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.
FY07 Homeland Security Grant Program
Page 21
Signature Authority
(For State Organizations)
AS THE
(SocretarylDircctor I President I Chancellor)
OF THE
(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 Governor's Office of Homeland Security.
, OR
(Name or Titl. of AUlhorized Aacnt)
, OR
(Namo or TitI. nf Authonzcd Agent)
(Name or Titlo of Authorized Agent)
Signed and approved this
day of
,20_
FY07 Homeland Security Grant Program
Page 22
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State Agency Project Description
FY 2007 Homeland Security Grant Program
Applicant (state organization)
NOTE: Comolete a seoarate Project DescriDtion for each oroDosed Droject
Project Title:
State Strategy Goal and Objective Supported by the Project:
Indicate the State Priority Supported by the Project:
_ Interoperable Commnnlcations
_ Catastrophic Planning
_ Medical Snrge
_ Citizen Preparedness and Participation
_ MlIS5 Prophylaxis
Critical Infrastructure Protection
_ Training for First Responders
Provide a detailed description of the proposed project cuut how it supports the state priority indicated.
For co1lStructlon and/or 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 07
. Indicate the requestedfunding, by program:
.
. SHSP $
UASI $
LETPP $
.
. For UASIfunding, indicate the Urban Area(s) supported by the project:
FY07 Homeland Security Grant Program
Page 23
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Office of Homeland Security
Grant Assurances
(All Applicants)
Name of Applicant:
city of Seal Beach
Address:
211 - 8th Street
City:
State: CA
Zip Code: 90740
Seal Beach
Telephone Number: ( 562) 431-2527
Fax Number: (562) 493-9857
E-Mail Address:dcarmany@ci.seal-beach.ca.us
As the duly authorized representative of the applicant, I certify that the applicant named above:
I. Has the legal authority to apply for federal assistance, and has the institutional,
managerial and fmancial 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.
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs
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. Will provide progress reports and such other information as may be required by the
awarding agency.
5. Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain for themselves or others, particularly those with whom they
have family. business or other ties.
7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42
V.S.C. SS 4801 et seq.) which prohibits the use ofIead based paint in COnstruction or
rehabilitation of residence structures. Will comply with all federal statues relating to
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 V.S.C. SS 1681-
1683 and 1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. S 794)
which prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 V.S.C. SS 6101-6107)
which prohibits discrimination on the basis ofage;
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. SS 523 and 527 of the Public Health Service Act of 1912 (42 V.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 V.S.C. S 360 I et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing;
I. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
J. Title 28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to
the application.
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8. Will comply, or has already complied, with the requirements of Titles II and III of the
Vniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 9 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.
9. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (p.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
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10. Will comply with environmental standards which may be prescribed pursuant to the
following:
a institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (p.L. 91-190) and Executive Order (EO)
11514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with EO 11988;
e. assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 V.S.C. ~~ 1451
et seq.);
f. conformity of federal actions to State (Clean Air) lmplementation Plans under
Section FY06 Homeland Security Grant Program Page 45 176(c) of the Clean Air
Act of 1955, as amended (42 V.S.C. ~ 7401 et seq.);
g. protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (p.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of 1973, as
amended, (p.L. 93-205).
1. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3
Section 15000-15007.
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1 I. Will comply with the Wild and Scenic Rivers Act of 1968 (16 V.S.C. ~~ 1271 etseq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
12. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 V.S.C. 470), EO 11593 (identification
and preservation of historic properties), and the Archaeological and Historic Preservation
Act of 1974 (16 V.S.C. 469a-l et seq).
13. Will comply with Standardized Emergency Management System (SEMS) requirements
as stated in the California Emergency Services Act, Government Code, Chapter 7 of
Division I of Title 2, Section 8607.l(e) and CCR Title 19, Sections 2445, 2446, 2447 and
2448.
14. Has requested through the State of Caiifornia, federal financial assistance to be used to
perform eligible work approved in the applicant's application for federal assistance. Will,
after the receipt of federal financial assistance, through the State of California, agree to
the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. 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 fedeml fiscal year.
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15. Will comply with the Intergovernmental Personnel Act of 1970 (42 V.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 ofOPM's Standards
for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
16. Will comply with provisions of the Hatch Act (5 V.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.
17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (p. L. 89-
544, as amended, 7 V.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. FY06 Homeland Security Grant Program Page 46
19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair
Labor Standards Act (29 V.S.c. 201), as they apply to employees of institutions of higher
education, hospitals, and other non-profit organizations.
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20. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 V.S.C.
Section 276a to 276a-7), the Copeland Act (40 V.S.C. Section 276c and 18 V.S.C.
Sections 874), and the Contract Work Hours and Safety Standards Act (40 V.S.C.
Sections 327-333), regarding labor standards for federally assisted construction sub-
agreements.
21. 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, "Debannent and
Suspension."
22. 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 fedeml grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or coopemtive 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 fedeml grant or
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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 sub grants, 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 $ I 00,000 for each such failure.
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23. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under the California Disaster and Civil Defense Master
Mutual Aid Agreement in consultation with representatives of the various fire,
emergency medical, hazardous materials response services, and law enforcement
agencies within the jurisdiction of the applicant.
b. Is consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
c. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement and deployed with personnel trained
in the use of such equipment in a manner consistent with the California Law
Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
24. 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.
25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-21, A-87, Al02, A-I 10, A-122, and A-133,
E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements contained in Title 28, Code of Federal Regulations, Part 66 or 70, that
govern the application, acceptance and use of Federal funds for this federally-assisted
project.
26. 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, M71 00.1,
and all other applicable Federal laws, orders, circulars, or regulations.
.
27. Will comply with provisions of28 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;
g. Part 38, Equal Treatment of Faith-based Organizations;
h. Part 63, Floodplain Management and Wetland Protection Procedures;
1. 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. Fart 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)
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28. Will ensure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of this project are not listed in the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal
Grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EP A.
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29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
30. 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, sex, or disability against a recipient of funds, the recipient
will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
32. Will comply with the financial and administrative requirements set forth in the current
edition of the Office of Justice Programs (OJP) Financial Guide.
33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (p.L.
97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of
most new Federal funds within the units of the Coastal Barrier Resources System.
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34. 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.
35. Understands that failure to comply with any of the above assurances may result in
suspension, termination or reduction of grant funds.
36. As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defmed
at 28 CFR Part 67, Section 67.510
A. The applicant certifies that it and its principals:
(a) 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;
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(b) 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 (F ederaI, 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;
(c) 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 (I)(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
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.
37. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CPR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant 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:
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(I) 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
(I) Abide by the terms 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:
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Department of Justice, Office of Justice Programs,
ATIN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant;
(t) 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
(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 drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (t).
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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 Agent:
Printed Name of Authorized Agent:
David Carmany
Title:
City Manager
Date:
RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING AGREEMENT TO TRANSFER PROPERTY
OR FUNOS FOR 2007 HOMELAND SECURITY GRANT PROGRAM
PURPOSES BETWEEN THE COUNTY OF ORANGE AND THE
CITY OF SEAL BEACH
WHEREAS, the County of Orange ('COUNTY"), a politlcal subdivision of the
State of Camomla actng through tts 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 Califomia, actng through Its Office of
Homeland Security, to enhance countywide emergency preparedness, hereafter
referred to as "the grant", as set forth In the grant documents that are attached
hereto as Attachments A (FY 07 CA Supplement to Federal Program Guidelines)
and B (2007 Homeland Security Grant Programs) and Incorporated herein by
reference.
WHEREAS, the terms of the grant require that the County use certain grant
funds to purchase equipment. technology, or services that will be transferred to the
City of Seal Beach (CITY) to be used for grant purposes.
WHEREAS, the CITY and COUNTY are desirous of executing this
Agreement as authorized by the City Council and the City Manager which
authorizes the CITY to prepare and execute the Agreement.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
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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 Callfomia, any actions necessary to obtain federal financial assistance
provided by the federal Department of Homeland Security and sub-granted through
the State of Callfomla.
SECTION 2. The City Clerk shall certify as to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach
at a regular meeting held on the 14th day of April ,2008 by the following vote:
AYES: Councllmember
NOES: Councllmember
ABSENT: Council member
ABSTAIN: Council member
ATTEST:
Mayor
City Clerk
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Resolution Number xxxx
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Linda Devine, City Clerk 01 the City 01 Seal Beach, Cal~omia, do hereby certify
that the loregoing resolution is the original copy 01 Resoiution Number _ on
lIIe In the office 01 the City Clerk, passed. approved, and adopted by the City
Council 01 the City 01 Seal Beach at a regular meeting held on the 14th day
01 AoMI , 2008.
City Clerk
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