HomeMy WebLinkAbout2010-45 - Homeland Security Grant ProgramRESOLUTION NO. 2010 -45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING THE TRANSFER AGREEMENT FOR FISCAL YEAR 2009 HOMELAND
SECURITY GRANT PROGRAM PURPOSES ( "TRANSFER AGREEMENT ")
BETWEEN THE CITY AND THE COUNTY OF ORANGE AND AUTHORIZING THE
POLICE CHIEF, THE FIRE CHIEF, AND CITY MANAGER TO ACT AS THE
"AUTHORIZED AGENTS" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS
NECESSARY TO IMPLEMENT THE TRANSFER AGREEMENT AND OBTAIN
FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT
OF HOMELAND SECURITY AND SUB - GRANTED THROUGH THE STATE OF
CALIFORNIA.
WHEREAS, the City of Newport Beach ( "City) has partnered with the County of
Orange ( "County') and other cities located within the County to participate in the Fiscal
Year 2009 Homeland Security Grant. The City of Newport Beach has requested
property available to it under this grant that will be used for the public safety of its
citizens.
WHEREAS, the Orange County Sheriff's Department is the administrator of the
Fiscal Year 2009 Homeland Security Grant. The City is required to sign a Transfer
Agreement Letter and the Homeland Security Grant Assurances. The Sheriff's
Department requires the naming of one to three authorized agents from within the City
to sign these documents on behalf of the City.
NOW THEREFORE, BE IT RESOLVED as follows by the City Council of the City
of Newport Beach:
Section 1: Approve the Transfer Agreement for Fiscal Year 2009 Homeland Security
Grant Program purposes ( "Transfer Agreement ") between the City and the County
attached hereto as Exhibit 1.
Section 2: Authorize the City Manager, Police Chief, and Fire Chief to act as the
"Authorized Agents" to execute on behalf of the City any actions necessary to
implement the transfer agreement and obtain federal financial assistance provided by
the federal Department of Homeland Security and sub - granted through the State of
California.
Section 3: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
Adopted this 11th day of May, 2010.
,�4
MAYOR
ATTEST:
Attachment: Exhibit 1
EXHIBIT 1
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2009 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this _ 11 day of _ MAY 2010_ 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
Cl1i CSi isP:rll-�- a (municipal corporation /speciaFdisfriet/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 09 CA Supplement to Federal Program
Guidelines), B (2009 Homeland Security Grant Programs) and C (FY 09 Grant Assurances) and
incorporated herein by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
after acquisition by COUNTY as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said
;rant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
:o perform such other grant functions, if any, for.which Attachments A, B and C permit SUBGRANTEE
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iomelaad Security Grant ProV=
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to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
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. "GRANTEE 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,
I 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 harniless COUNTY and their
elected and appointed officials, officers, agents and employees from any and all claims and Iosses
accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
corporation famishing 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
MCI losses accruing or resulting to any person, firm, or corporation who maybe injured or damaged by
> UBGRANTEE in SUBGRANTEE's use of grant - funded equipment, technology or services and
iUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
S.- By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
Y all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
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smelend Security Omt Program
Wrtmnt of Homhnd S=rity Page 2 of4
I immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
2 Attachments A, B and C hereto.
3 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.
9 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
12 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
13 documents, papers and records relevant to the work performed or property or equipment acquired in
14 accordance with this Agreement, including Attachmerits A, B and C hereto. For the same time period,
15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
16 from which COUNTY received grant funds or their duly authorized representative(s), for examination,
17 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
I8 usual working hours.
19 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.
23 14. COUNTY may terminate this Agreeinent and be relieved of the payment of any
24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
25 in this Agreement, including Attachments A. B and C hereto, at the time and in the matter herein
.26 provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may
27 proceed with the work in any manner deemed proper by COUNTY, .
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15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 20_
APPROVED AS TO FORM:
COUNTY COUNSEL
IY By A. Sims, Deputy
DATED: 20_
DATED:
ATTEST:
COUNTY OF ORANGE, a political
subdivision of the State of California
By
Sheriff-Coroner
"COUNTY"
SUBGRANTEE: CITY OF NEWPORT BEACH
A*MUNICIPAL CORPORATION
By.
KEITH D. CURRY, MAYOR
IM
APPROVED AS TO FORM:
By OF OFT CITY ATTO EY.
CityClerlcfor the City of
Newport Beach BY. i ,L�
DATED: J6 EONIE MULVIHILL
ACTING CITY ATTORNEY
CITY OF NEWPORT BEACH
,FDA: 97.067
iomeland Security Grant Program
kparpcent ofHontelapd Security
Page 4 of 4
ATTACHMENT A
FY 2009 CALIFORNIA SUPPLEMENT TOFEDERAL PROGRAM
GUIDELINES
California Emergency Management Agency
FY09 Homeland Security Grant Program
California Supplement to
Federal Program Guidance and
Application Kit
May 14,.2009
STATE OF CALIFORNIA
Arnold Schwarzenegger, Governor
HOMELAND SECURITY GRANTS
John Isaacson, Division Chief
HOMELAND SECUUM GRANT STAFF
Ursula Harelson, Program Manager
Darlene Arambdla, Office Assistant
Cameron Bardwell, Program Representative
Tracey Frazier, Program Representative
Maybel Garing, Program Representative
Sarah Knight, Program Representative
Leo LaMattina, Program Representative
Rachel Magaiia, Program Representative
FISCAL AND REPORTING STAFF
Kris Whitty, Program Manager
Inam Ali, Program Representative
Sabra Bowen, Program Representative
Michael Cheng, Program Representative
Gina Joaquin, Staff Service Analyst
Rose Nguyen, Program Representative
Christopher Sampang, Office Assistant
Akira Yamamoto, Program Representative
FY09 California Emergency - Management Agency Page 2
TABLE OF CONTENTS
FOREWORD: SECRETARY'S MESSAGE ............................................. ..............................4
SECTION 1— OVERVIEW ......................................................................... ..............................5
Federal Program Guidance ................................................................. ..............................5
Purpose of the California Supplement ................................................ ..............................5
EligibleSubgrantees ........................................................................... ..............................5
Native American Allocation ............................................................... ..............................5
SubgranteeAllocations ....................................................................... ..............................6
Cal EMA Contact Information ............................................................. ..............................6
DHSWebsites ..................................................................................... ..............................7
SECTION 2 — KEY CHANGES AND INITIATIVES .............................. ..............................8
Federal Changes and Initiatives .:........................................................ ..............................8
State Changes and Initiatives ..........................:................................... ..............................9
SECTION 3 — SUBGRANTEE APPLICATIONS ................................... .....:.......................12
State Application Components .......................................................... .............................12
Operational Area Approval Authority Body ...................................... .............................13
ApplicationSubmittal ........................................................................ .............................13
ApplicationApproval ......................................................................... .............................13
StateAgency Information .................................................................. .........:...................14
SECTION 4 — POST AWARD REQUIREMENTS .................................. .............................15
PostAward Modifications ................................................................. .............................15
Payment Request Process .................................................................. .............................15
Advances— ....................................................................................... ...............................
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Subgrantee Performance Reports ....................................................... .............................16
Monitoring Subgrantee Performance ................................................. .............................16
Suspension and Termination ....:..................:...................................... .............................17
Closeout............................................................................................. ..........................:..17
SECTION S — APPENDICES ..............................................:...................... .............................18
A- FY09 HSGP Timeline .................................................................. .............................19
B- Governing Body Resolution ........................................................ .:...........................20
C- State Agency Forms ..................................................................... ................. :...,..:,...22
D- Subgrantee Application Checklist ................................................ .........:...................24
FY09 California Emergency Management Agency Page 3
FOREWORD: SECRETARY'S MESSAGE
1 wanted to take this opportunity to introduce you to California's newest state agency, the
California Emergency Management Agency (CalEMA). California continues to be a national
leader in homeland security and emergency management and the fusion of the talents, capabilities
and resources of the Office of Emergency Services (OES) and the Office of Homeland Security
(OHS) has been a long time coming. Each of us around the state, with our different roles in
California's emergency management, are partners in this new endeavor and I look forward to
working with everyone again this year.
Despite changes within our agency, we remain steadfast to the four mission areas of the Homeland
Security Grant Program: prevent, prepare, respond and recover. I am pleased to report major
progress across the board — from developing training courses and strengthening information sharing
capabilities to assessing security and bolstering response capabilities. The work we have done with
this program has made significant progress to ensure the security of our citizens, critical
infrastructure, and key resources. To continue that progress, l am pleased to present the FY2009
California Supplement to the Federal Guidance.
As you review the guide, you will see that there are various changes while several aspects remain
the same. I realize that the changes in the rules and guidance require a lot of effort, but in the end
this program is an important and integral component in the safety of California. Throughout the
duration of the grant, CalEMA program representatives will be available to assist you in
enhancing your homeland security programs. Please don't hesitate to contact them with any
questions or concerns.
Let me close by thanking all of you involved in this program for the work that you do to make
sure we wisely invest these valuable funds. It is your excellent contributions and achievement of
objectives that have made California a better place to live and do business; California
communities are safer, we have more trained and equipped first responders, and we continue to .
move forward with a number of important initiatives. The people of California owe you a debt of
gratitude for your tireless efforts and I know they can count on you to continue to utilize the
opportunities that come with the PY2009 HSGP.
MATTHEW R. BETTENHAUSEN
Secretary
California Emergency Management Agency
FY09 California Emergency Management Agency Page 4
SECTION 1- OVERVIEW
Federal
The U.S. Department of Homeland Security (DHS) published the FY09
Program
Homeland Security Grant Program, Program Guidance and Application
Guidance
Kit on November 5, 2008. The Guidance and Application Kit may be
Eligible
obtained at:
Subgrantees
htto: / /www.ohs.ca.wy /pdM09 fed guidance.ndf
Information
DHS also issues Information Bulletins that provide updates, clarification,
Bulletins
and requirements throughout the life of the grant, Information Bulletins
may be obtained at:
htM://www.oip.usdoi.stov/odp/docs/builetins.httn
Purpose of the The California Supplement to the Federal Program Guidance is intended
California to complement, rather than replace, the Guidance published by DHS. The
Supplement Supplement will emphasize the differences between the FY08 and FY09
Homeland Security Grant Programs (HSGP), and will include additional
California policies and requirements applicable to the FY09 HSGP.
Grant
CaIEMA also issues Grant Management Memos (GMM) that provide
Management
additional information. GMMs can be located at:
Memos
http://homeland.ca.pov /grants management memo.html
Eligible
Eligible subgrant recipients, referred to as Subgrantees, differ for each
Subgrantees
program. Generally, eligible subgrant recipients include:
• Operational Areas (OA)
• Includes the Metropolitan Medical Response System
(M11TRS)
• Native American Tribes — represented by a single
coordinating group
• Urban Area Security Initiative Jurisdictions (UASI)
• State Agencies (SA)
o Includes the Citizen Corps Program (CCP)
Native American Federal FY09 grant guidance requires Ca'IEMA to provide access to the
Allocation SHSGP funds directly to Native American Tribes in California. In order
for CalEMA to implement this requirement, a single coordinating group
representing the California tribes will be eligible to receive a share of this
funding on a base plus population basis. in order to submit an application
for funding, California's 108 tribes shall develop a single coordinating
group that represents all or substantially all of the tribes. The single
coordinating group shall have until November 7, 2009 to submit to
CaIEMA its membership, organizational structure and plan for developing
coordinated funding priorities among all or substantially all of the
California Tribes. All subgranwes are encouraged to coordinate with
Tribal Governments to ensure that Tribal needs are considered in the
subgrantees applications.
FY09 California Emergency Management Agency Page 5
Subgrantee It is anticipated that DHS's announcement of funding to California will be
Allocations made on June 17, 2009. Subgrantee allocation information wil I be made
available afterwards via a CalEMA Grant Management Memo (GMM).
Supplanting Grant funds must be used to supplement existing funds, not replace
(supplant) funds that have been appropriated for the same purpose.
Subgrantees will be required to supply documentation certifying that a
reduction in non - Federal resources occurred for reasons other than the
receipt or expected receipt of Federal funds.
Public/Private Subgrantees may contract with any other public or private organizations to
Organizations perform eligible activities on approved projects
Debarred/ Subgrantees must not make or permit any award (subgrant or contract) at
Suspended any tier to any party that is debarred, suspended, or otherwise excluded
Parties from, or ineligible for, participation in Federal assistance programs.
Subgrantees must obtain documentation of eligibility prior to any
subaward of HSGP funds and be prepared to present supporting
documentation to monitors.
CaIEMA All subgrantee application materials, related questions, comments and
Contact correspondence should be directed to:
Information
California Emergency Management Agency
ATTN: Grants Management Division
State Capitol
Sacramento, CA 95814
CaIEMA Main Phone Line: (916) 845 -8510
Fax: (916) 324-5902
California Emergency Management Website:
. . http: / /www.calema.ca.g�
For additional assistance, please contact your regional representative:
Cameron Eardwell at cameron.bardwell(alohs.ca.eov or (916) 322 -8740
Tracey Frazier at trace .frazierQohs.ca.gov or (916) 324 -6342
Maybel Garing at maybel.garing(cdohs.ca.gov or (9] 6) 324.9312
Sarah Knight at sarslr.kni ht ,ohs.ca.goy or (916) 322 -9067
Leo LaMattina at leo.lamattina@ohs.ca.gov or (916) 324 -6347
Rachel Magaria at rachel.magang@ohs.ca.gov or (916) 324 -9314
CaIEMA regional representatives may be located on the regional map at:
http : / /www.ohs.ca.govlpdf/homeland security regional mamodf
FY09 Califomia Emergency Management Agency `Page 6
CalEMA CalEMA Training Website:
Contact httnJ /www.ohs.ca. og v/hseep /traininghome.htm]
Information
(Cont.) The 2009 HSGP Financial Management Forms Workbook (FMFW)
Version 1.09:
httpJ /www.ohs.maov /FY2009 HSGP html
ODP Secure
To obtain access to the Office of Domestic Preparedness (ODP) secure
Portal
portal, please contact BJ Bjornson, Secure Portal Administrator, CaIEMA,
Training and Exercise Program (T &E) at bj.bjomson anohs.ca.gov or (916)
826 -4488.
The OAP Secure Portal may be obtained at:
http : / /preparednessportal.dhs.gov/
Grants
To obtain access to the online Grants Reporting Tool (GRT), please log on
Reporting Tool
to their website at www.reporting.odV.dhsgov. To create a new account,
follow the instructions that read, "If you need to register for an account,
please click here:'
For additional assistance with the GRT, please contact:
Inam Ali at inam.ali ohs.ca. ov or (916) 324 -6054
Sabra Bowen at sabra.bowenna.ohs.ca.gov or (916) 324 -9315
Rose Nguyen at rose.nauyAn(a7ohs.ea.gov or (916) 322 -2607
Akira Yamamoto at akira.yamamoto hs.ca.gov or (916) 322 -2643
FY09 California Emergency Management Agency. Page 7
SECTION 2 — KEY CHANGES AND INITIATIVES
Federal FEDERAL
Changes and HSGP Priorities
Initiatives Priorities for this year continue to further narrow the focus through the
risk -based funding and the capability-based planning process. FY09
HSGP (State Homeland Security Program [SHSP], Urban Areas Security
Initiative [UASI], Metropolitan Medical Response System [MMRS], and
Citizen Corps Program [CCP]) will focus on the following objectives as
highest priorities:
• Addressing Capability Requirements and Measuring Progress in
Achieving the National Preparedness Guidelines
• Strengthen Preparedness Planning and Citizen Preparedness
Capabilities
• Strengthen Chemical, Biological, Radiological/Nuclear, and
Explosive (CBRNE) Detection, Response, and Decontamination
Capabilities:
• Strengthen Information Sharing and Collaboration Capabilities via
the National Network of Fusion Centers
• Strengthen Medical Surge and Mass Prophylaxis
At least 25% of FY09 HSGP funding, must be collectively allocated to
the Strengthening Preparedness Planning Priority through planning,
training and exercise activities (see Part I of the DHS FY09 HSGP
Guidance for additional information).
At least 25% of FY09 HSGP funding must be dedicated to law
enforcement - oriented planning, organization, training, exercise, and
equipment activities(see Part I of the DHS FY09 HSGP Guidance for
additional information).
Personnel Costs — As directed by the Personnel Reimbursement for
Intelligence Cooperation and Enhancement (PRICE) of Homeland
Security Act, all personnel and personnel - related costs, including those for
intelligence analysts and consultants, are allowed up to 50% of SHSP and
UASI funding without time limitation placed on the period of time that
such personnel can serve under the grant. 'these guidelines are not
retroactive to previous fiscal years of HSGP funding (see Part W.E.4 of
the DHS FY09 HSGP Guidance for additional information).
Critical Emergency Supplies — In furtherance of DHS's mission, critical
emergency supplies, such as shelf stable food products, water, and basic
medical supplies are an allowable expense under FY09 SHSP.
Subgramees must provide CaIEMA with a viable inventory management
plan, an effective distribution strategy, sustainment costs for such an
effort, and logistics expertise to avoid situations where funds are wasted
because supplies are rendered ineffective due to lack of planning.
FY09 California Emergency Management Agency Page, 8
State Changes STATE
and Initiatives State Initiative Funding — In FY09 HSGP, CalEMA shall retain 20% of
the SHSP, UASI funding awarded to California for state initiatives. The
State will pass 100% of the MMRS and CCP funding to eligible
subgrantees.
"On Behalf Of' — Consistent with the federal guidelines, the CalEMA
may, in conjunction with local approval authorities, designate funds "on
behalf of local entities that choose to decline or-fail to utilize their
homeland security award in a timely manner.
Regional Approach — Subgrantees must take a regional approach when
determining the best use of FY09 HSGP funds. Subgrantees must
consider the needs of local units of government and applicable volunteer
organizations in the projects and activities included in their FY09 HSGP
application.
Grant Management Capabilities — FY09 Applicants will be required to
document their grant management capabilities and include this
information with their application.
Special Needs Population — Populations whose members may have
additional access and functional needs before, during, and after an incident
must be included in planning, response and recovery documents. As a
new requirement for FY09 funding, subgrantees are required to provide
the name, title and contact information for their local person responsible
for coordinating access and functional needs of these populations in
planning, response and recovery, and submit the information as part of
their application for HSGP funding.
Planning Projects — Subgrantees conducting major planning projects
(including, but not limited to: Evacuation, Mass Care and Shelter, Disaster
Recovery, etc.) will be required to address access and functional needs
within their planning documents in order to maintain eligibility for HSGP
funding. For more information, the following link is provided:
Strategy, Planning, and Metries Conference — CaIEMA will conduct its
annual Investment Justification Planning Conference to receive statewide
input across all disciplines: The conference will be held in the Fall of
2009. This conference is an eligible planning activity. Please be sure to
include the cost to attend this conference in your FY09 HSGP application.
FY09 Calif9mia Emergency Management Agency
. Page 9_
State Changes Training Requirement— Not less than 10% of all subgrantee
and Initiatives applications must be allocated to FEMA approved training activities.
(Cont.) However, training on equipment will continue to be allowed as part of the
10 %. Further, per the Federal Guidance, training conducted using HSGP
funds should address a performance gap identified through an After
Action Report/improvement Plan (AARAP) or contribute to building a
capability that will be evaluated through an exercise. Subgrantees will
Representative.
Note: This does not apply to State Agencies.
Non- DIIS/FEMA Developed Training Courses
When seeking DHS approval of non - DHS /FEMA developed courses, the
most notable changes are:
• Course materials must be submitted with the approval requests; and
• Conditional approvals are no longer offered.
The CalEMA Training and Exercise Program (T &E) will release
additional training related information at a later date.
Exercises — Subgrantees must conduct threat and performance -based
exercises in accordance with DHS Homeland Security Exercise and
Evaluation Program (HSEEP) manuals. Onoe a grant funded exercise has
been scheduled, subgrantees must notify the CalEMA T &E of the
exercise date, time, location, and point of contact information. T &E will
maintain a web -based master schedule of all exercises occurring
throughout the state, to increase communication and coordination of all
exercises. Exercise AARAPs must be posted to the Corrective Action Plan
System (CAPS) within 60 days following the completion of each exercise.
For more information on this process, please contact:
Kevin Chan at (916) 324 -6736 or kevin.chan ephs.ca.gov.
Exercise costs will not be reimbursed until an AAR has been posted
and access to the AA.R has been granted to Rachel Magana.
Rachel can be reached at (916).324 -9314 or rachel.maganaQohs.ca.gov.
Note: Urban Areas are required to develop a Multi -year Training and
Exercise Plan and submit it to FEMA on an annual basis. Subgrantees
must provide a copy to their CalEMA Program Representative.
FY09 California Emergency Management Agency Page 10
State Changes Golden Guardian — Subgrantees scheduled to participate in Golden
and Initiatives Guardian (GG) exercise activities should program FY09 HSGP funds into
(Cons.) their subgrant application. CalEMA Program Representatives will be
checking applications from subgrantees scheduled to participate in GG
activities within the PY09 HSGP grant performance period for adequate
exercise funding. T &E is the subgrantee's point of contact for exercise
related issues and questions.
Subgrantees may contact T &E at (916) 826 -4488 or bi.biornsonna.ohs.ca.¢ov.
Terrorism Liaison Officer (iLO) — In an effort to continue to build
towards a comprehensive integrated prevention network of information
sharing, all recipients of FY09 Homeland Security Grant funds will be
required to designate a trained TLO within their organization. An initial
roster must be submitted at the time of application. Subgrantees must
require documentation for their subrecipients prior to the subaward of
Homeland Security Grant funds, which needs to be available during a
monitoring.
CAL JRIES — The State Terrorism Threat Assessment Center ( STTAC)
and Regional Terrorism Threat Assessment Centers ( RTTAC) are all
linked by a common information sharing system, the California Joint
Regional Information Exchange System (CAL RUES), which provides
data sharing capabilities throughout the state. The DRIES is an integral
component in the information sharing network throughout the state.
Applicants shall document CAL JRIES access, or an application for access
to CAL JRIES, in their grant application to be eligible for funding.
Access or an application for access will be confirmed with the STTAC
prior to final application approval.
M &A Costs — The subgrantee Management and Administrative (M &A)
allowance is a maximum of 3% of the subgrant award on all FY09 HSGP
programs (The cap was set by federal law).
FY09 California Emergency Management Agency Page 11" '
SECTION 3 — SUBGRANTEE APPLICATIONS
Required State A completed application will include all of the following components:
Application
Components The CalEMA Financial Management Forms Workbook (FMFW)
Version 1.09 including:
• Application Cover Sheet
• Grant Management Roster
• Project Descriptions
■ Investment Justification - Goals and Objectives
■ Project Description
■ Need for Project
■ Status of Project
• Project Ledger
• Equipment Inventory Ledger
■ Authorized Equipment List (AEL) numbers found
on the web at htti)://www.rkb.us
• Training Roster
■ Course approved feedback numbers
• Exercise Roster
• Planning Ledger
• Final product identified
• Authorized Agent form with appropriate signatures
• Terrorism Liaison Officer (TLO) Roster
CAL JRIES Access
• Narrative Explanation of 25% Preparedness Planning
• Narrative Explanation of 25% Law Enforcement
• Narrative of Training with AAR/Exercise Detail
• Narrative of Special Needs Populations
• Certified Copy of the Governing Body Resolution
• Signed Original Grant Assurances
(A checklist for application completeness can be found in the appendix)
Governing Body The Governing Body Resolution appoints agents authorized to execute any
Resolution actions necessary for each application and subgrant. All applicants will be
required to submit a certified copy of a new Governing Body Resolution
with their FY09 HSGP application. A sample Resolution can be found in
the Appendix.
Grant Assurances The Grant Assurances list the requirements to which the subgrantees will
be held accountable. All applicants will be required to submit new Grant
Assurances with their FY09 HSGP application. The required Grant
Assurances form can be found only in PDF format on the CalEMA
website and will be available within 14 days of the Federal award.
Note: Self created Grant Assurances will not be accepted.
FY09 California Emergency Management Agency Page 12
Approval Operational Areas must appoint an Anti- Terrorism Approval Body
Authority Body (Approval Authority) to have final approval of the OA's application for
(OA only) SHSGP funds. The Approval Authority shall consist of the following
representatives, and additional voting members may be added by a simple
majority vote of the following standing members:
• County Public Health Officer or designee responsible for
Emergency Medical Services
• County Fire Chief or Chief of Fire Authority
• Municipal Fire Chief (selected by the Operational Area Fire
Chiefs)
• County Sheriff
• Chief of Police (selected by the Operational Area Police Chico
Each member of the Approval Authority must provide written agreement
with the OA's application for SHSGP funds.
Note: A Iist of the Approval Authority Body members, and associated
contact information must be submitted with the FY09 HSGP application.
Contact your program representative for more information.
Application The completed FMFW V 1.09 must be submitted electronically via
Submittal posting to the ODP Secure Portal Ning /arenarednessportal.dhs.gov�
marked "FY09 HSGP Application ". Detailed instructions on the
electronic submittal process will be issued in a CalEMA Grant
Management Memo prior to application due date.
Documents requiring an original signature will need to be mailed in
hardeopy. Signatures will new to be in blue ink only.
HAND DELIVERED APPLICATIONS WILL NOT BE ACCEPTED
Late or All application materials are due no later than Friday, July 17,2009*.
Incomplete Only applications postmarked by the due date will be accepted.
Applications Applications lost in transit are the responsibility of the applicant and will
not be considered for funding. Late or incomplete applications will be
reviewed and /or denied, and additional information will be requested
and /or accepted from subgrantees, at the sole discretion of CalEMA.
Application The subgrantee will receive written notice of the state's approval of the
Approval subgrant application no later than 45 days after the federal grant award.
Subgrantee reimbursements will not be made until all required application
components have been approved by the state and all conditional holds
removed.
* See Timeline in Appendix
FY09 California Emergency Management Agency 'Page 13..:
State Agencies Which State organizations may apply?
Any state agency, department, commission, board, etc., may apply for
FY09 HSGP funding, as long as the organization:
• Has, or can obtain, appropriate state Department of Finance budget
authority for awarded funds; and,
• Will comply with all grant requirements contained in the federal
and state grant guidance documents, and in the Grant Assurances
form.
Who may sign the Application for a State Agency?
The application cover sheet must be signed, in blue ink, by the highest -
level person at the state organization, or their designee. If a designee is
signing, the highest -level person at the state organization must execute and
submit a Signature Authority form with the Application Package.
Note: The requirement for the creation of an Approval Authority body or
a Governing Body Resolution does not apply to state organizations.
What are the State Priorities for FY09 HSGP?
While the State Homeland Security Strategy broadly describes goals,
objectives and implementation steps, the State's priorities for FY09 HSGP
are: .
(1)
lnteroperableCommunications
(2)
Catastrophic Planning
(3)
Medical Surge
(4)
Citizen Preparedness and Participation
(5)
Mass Prophylaxis
(6)
Critical Infrastructure Protection
(7)
Training for First Responders
(8)
Food and Agricultural Safety
Project Narrative — In addition to the project description in the Financial
Management Forms Workbook, a detailed project narrative (included in
the Appendix) is required.
FY09 California, Emergency Management Agency
Page 14
SECTION 4 — POST AWARD REQUIREMENTS
Post Award Post award budget, scope and time modifications must be requested using
Modifications the CalEMA Financial Management Forms Workbook V 1.09, signed by
the subgrantee's Authorized Agent, and submitted to the subgrantee's
Program Representative in the Homeland Security Grant Unit at CaIEMA.
The subgrantee may implement the modifications, and incur associated
expenses, only after receiving written final approval of the modification
from the State. Failure to submit modification requests, and receive
written approval prior to expenditure, could result in a reduction or
disallowance of that part of the grant.
Note: Modifications can be requested once per quarter during the grant
performance period.
Payment To request advance or reimbursement payment of FY09 HSGP funds,
Request complete a payment request form using the CalEMA Financial
Process Management Forms Workbook and return it to the appropriate Program
Representative in the Homeland Security Grant Unit at the CaIEMA.
Subgrantees who fail to follow the workbook instructions will experience
delays in processing.
Note: Payments can only be made if the subgrantee has submitted an
approved application, including the Financial Management Forms
Workbook (FMFW), a certified copy of the Governing Body Resolution,
and valid Grant Assurances form.
Advances and DHS allows subgrantees to request FY09 HSGP funds up to 120 days
Interest Earned prior to expenditure/disbursement, or on a reimbursement basis. The
on Advances federal guide requires that advances must be deposited in interest - bearing
accoun ts. and describes how interest earned should be returned quarterly
to the federal government.
In addition to returning interest in accordance with the prescribed federal
guidance, subgrantees must also inform the grantee's Program
Representative in the Homeland Security Grant Unit at.the CaIEMA of
any interest returned on program funds.
Performance Many subgrantees were unable to procure large equipment items due to
Bond problems with vendor delivery scheduled to occur after the federal
reporting period had expired. To assist with this issue, DHS allowed
subgrantees to obtain a "performance bond" wherein subgrantees procured
the item(s) in question, paid the money up front, and obtained a
performance bond to ensure delivery of the item within 90 days of the
subgrantees performance period. Subgrantees must obtain a performance
bond for any equipment item over $250,000 or any vehicle, aircraft or
watercraft, financed with homeland security dollars.
FY09 California Emergeney Management Agency Page 15
Subgrantee Subgrantees must prepare and submit performance reports to the state for
Performance the duration of the grant performance period, or until all grant activities
Reports are completed and the grant is formally closed by CalEMA. Subgrantees
must complete a Biannual Strategy implementation Report (BSIR) using
the DHS/FEMA Grants Reporting Too] (GRT)
http: / /www.ttporting.odl2.dhs.eov.
Failure to
Periodic reporting Is required by the grant. Subgrantees who miss a
Submit
single reporting deadline may receive a letter addressed to their
Required
Board of Supervisors informing them of the failure to report. County
Reports
Operational Areas and Tribal Native Americans who fail to report
twice in a row may have subsequent awards reduced by 10% until
timely reporting is reestablished. UASI's shall have a "hold" placed
on any future reimbursements.
Monitoring
Corrective Action Plans — no Monitoring and Audits Unit (MAU) is
Subgrantee
actively conducting monitoring visits, both desk review and on -site,
Performance
among subgrantees. Many of these jurisdictions receive "findings" that
necessitate a Corrective Action Plan (CAP) on their part. Those
subgramees who fail to submit a CAP as required shall have a "hold"
placed on any future reimbursements until the "finding" is resolved.
The state is currently conducting a program of sub - grantee monitoring.
The monitoring will be conducted on the subgrantees administrative,
programmatic and fiscal management of the grant(s).
These reviews may include, but are not limited to:'
• Eligibility of expenditures.
• Comparing actual subgrantee activities to those approved in the
subgrant application and subsequent modifications, if any.
• Ensuring that advances have been disbursed in accordance with
applicable guidelines.
• Confirming compliance with:
o Grant Assurances; Information provided on performance
reports and payment requests; and Needs and threat
assessment and strategies.
Note: It is the responsibility of all subgrantees to monitor and audit the
grant activities of their subrecipients. This requirement includes, but is
not limited to, on site,verification of grant activities as required.
FY09 California Emergency Management Agency Page 16
Suspension/ The State may suspend or terminate subgrant funding, in whole or in part,
Termination or other measures may be imposed for any of the following reasons:
• Fai ling to expend funds in a timely manner consistent with the
grant milestones, guidance and assurances.
• Failing to comply with the requirements or statutory objectives of
federal or state law.
• Failing to make satisfactory progress toward the goals or
objectives set forth in the subgrant application.
• Failing to follow grant agreement requirements or special
conditions.
• Proposing or implementing substantial plan changes to the extent
that, if originally submitted, the application would not have been
selected for funding.
• Failing to submit required reports.
• False certification in the application or other report or document.
• Failing to adequately mange, monitor or direct the grant funding
activities of their subrecipients.
Before taking action, the state will provide the subgrantee reasonable
notice of intent to impose corrective measures and will make every effort
to resolve the problem informally.
Closeout The State will close a subgrantee award after:
• Receiving a subgrantee Performance Report indicating that all
approved work has been completed, and all funds have been
disbursed;
• Completing a review to confirm the accuracy of reported
information;
• Reconciling actual costs to awards, modifications and payments.
If the closeout review and reconciliation indicates that the subgrantee:
• is owed additional funds; the State will send the final payment
automatically to the subgrantee.
• did not use all funds received, the state will issue an Invoice or
Grant Modification letter to recover unused funds.
.In the Grant Closeout Letter, the State will notify the subgrantee of the
start of the record retention period for all programmatic and financial grant
related records.
Note: Failure to maintain all grant records for the required retention
period could result in a reduction of grant funds, and an invoice to return
costs associated with the unsupported activities.
FY0.9 California Emergency Management Agency 'Page, 17
SECTION 5 - APPENDICES
FY09 California Emergency Management Agency Page 1.8
APPENDIX A- FY09 HSGP TIMELINE
DHS Announcement of FY09 HSGP
SAA Application Due to DHS
FY09 HSGP California Supplement Release
Subgrantee, Application Workshops
DHS Award to California
CalEMA Release of Suballocations
Subgrantee Applications Due to CaIEMA
Subgmntee Awards (45 days from DHS award)
Subgrantee Performance Period Begins
Subgrantee Performance Period Ends
Final Requests for Reimbursement Due
SAA Performance Period Ends
* Date approximate depending on DHS award date
November 5, 2008
March 20, 2009
May 14, 2009
May 2009
June 17, 2009*
June 26, 2009*
July 17, 2009*
August 3, 2009*
August 3,2009*
March 31, 2012
April 10, 2012
June 30, 2012
FY09 California Emergency Management Agency Page 19
APPENDIX B- GOVERNING BODY RESOLUTION
SAMPLE RESOLUTION
BE IT RESOLVED BY THE
(Governing Body)
OF THE THAT
(Name of Applicant)
OR
(Name or Title of Authorized Agent)
OR
(Name or Title of Authorized 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
Cer7ificatian
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
day of 20
(Official Position)
(Signature)
(Date)
FY09 California Emergency Management Agency Page 20 .
APPENDIX B- GOVERNING BODY RESOLUTION
INSTRUCTIONS
Purpose The purpose of the Governing Body Resolution is to appoint individuals to act on
behalf of the governing body and the applicant.
Authorized The Governing Body Resolution allows for the appointment of individuals or
Agent(s) positions. For each person or position appointed by the governing body, submit the
following information, with the resolution, to the state on the applicant's letterhead:
❑ Jurisdiction
❑ Grant Program
❑ Name
• Title
• Address
❑ City
o Zip Code.
❑ Telephone
❑ Fax #
❑ Cell Phone #
❑ E -Mail Address
Authorized • If the Governing Body Resolution indentifed Authorized Agents by
Agent position and/or title, changes can be made by submitting new
Changes Authorized Agent information to the State.
• If the Governing Body Resolution identifies the Authorized Agent by name, a
new Resolution is needed when any changes are made. The information list
above must be submitted with the new Resolution.
FY09 Califomia Emergency Management Agency. , . Page 21.
APPENDIX C- STATE AGENCY FORMS
SIGNATURE AUTHORITY
AS THE
(Secretary /Director / President / 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 California Emergency
Management Agency.
OR
(Name or Title of Authorized Agent)
, OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
Signed and approved this day of 20
U
(Signature)
FY09 California Emergency. Management Agency Page 22
APPENDIX C- STATE AGENCY FORMS
FY 2009 PROJECT NARRATIVE
Applicant (state
NOTE. Complete a separate Proiect Description for each proposed proiect
Project Title:
State Strategy Goal and Objective Supported by the
Indkdte the State Priority Supported by the Projech
_ Interoperable Communications
_ Catastrophic Planning
Medical Surge
Citizen Preparedness and Participation
_— Mass Prophylaxis
_ Critical Infrastructure Protection
_ Training for First Responders
_ Food and Agriculture Safety
Provide a detailed description of the proposed project and how it supports the state priority
indicated:
For construction and/or renovation projects, provide the following additional information:
• A description and location of the facility;
• A description of the vulnerability assessment and the date the assessment was conducted (the
assessment does not have to be submitted with the application);
• A description of how the proposed project will address the vulnerabilities identified in the
assessment;
• A description of the consequences if the project is not funded under HSGP FY09
Please check the appropriate box:
D Our agency currently has spending authority for the requested funds.
p Our agency does not currently have spending authority for the requested funds. See below for
explanation:
FY09 California Emergency Management Agency Page 23
APPENDIX D- )FY09 SUSGRANTEE APPLICATION CHECKLIST
Subgrantee:
CalEMA Regional Rep:
OPERATIONAUMAN AREAS
— Approval Authority & POC Information
Approval Authority Body form
Governing Body Resolution (Certified)
_ Grant Assurances (Signed Originals)
Financial Management Forms Workbook
Application Cover Sheet
Grant Management Roster
— Project Description
_ Project Ledger
Equipment Inventory — Ledger
Training Roster
_ Exercise Roster
Planning Ledger
_ Authorized Agent Form
Narrative Attachments:
_ TLO Roster
_ CAL JRIES Access
25% Preparedness Planning
25% Law Enforcement
Training w /AAR/Exercise Detail
_ Special Needs Populations
FIPS #:
STATE AGENCIES
Signature Authority — Authorized Agent
Project Narrative Form
Grant Assurances (Signed Originals)
_ Financial Management Forms Workbook
Application Cover Sheet
Grant Management Roster
Project Description
_ Project Ledger
_ Equipment Inventory — Ledger
Training Roster
_ Exercise Roster
Planning Ledger
Authorized Agent Form
_ Narrative Attachments:
TLO Roster
_ CAL JRIES Access
25% Preparedness Planning
25% Law Enforcement
_ Training w /AAR/Exercise Detail
_ Special Needs Populations
FY09 California Emergency Management Agency Page 24 .
ATTACHMENT B
FY 2009 HOMELAND SECURITY GRANT PROGRAMS
Exhibit B to ASR
Distribution of Grant Funds or property
Attachment B: 2009 Homeland Security Grant Programs
Distribution of Grant Funds or Property
Project Title
Description
Amount
Enhancing Interoperable Communications through:
1. Developing regional videocanferencing capabilities between law, fire, health, and other fast responder
. Project A:
agencies;
Enhance
2. Enhance interoperabiiity and data sharing to effect coordinated deployment of resources;
$926,300
Interopernble
3. Enhance voice, video, and data communication capability with wide -ama connectivity,
(SHSP funds)
Communications
4. Obtain new generation batteries and chargers for regional special response teams;
S. Establish dedicated microwave voice commmica iordincident coordination between Public Safety
agencies in Orange and San Diego Counties.
Strengthening CBRNE defection, response, and decontamination through:
Project C:
. Strengthen CBRNE
1. Multidiscipline CBRNE equipmem purchase and distribution,
$676,159
Detection, Response
2. Joint Hazard Assessment Team (JHAT) equipment purchase and distribution;
(SHSP funds)
- and Deeontamtantim,
3. Special Teams equipment purchase and distribution; and
4. Thermal monocularpurcbaseand distribution.
This project supports regional capability for information analysistsharing via the Orange County Intelligence
:
Assessment Center (OCIAC). The OCIAC is designed to supplement and support the Slate's southern
Project D:
Regional Terrorism Threat Assessment center -Joint Regional intelligence Center (JRIC) located in Las
Enhance Information
Angeles. Where theJRIC focuses on seven counties in southern California, the OCIAC primarily focuses on
$630,701
Collection, Analysis
activity occurring within Orange County. This approach permits the Operational Area (OA) to have a robust
(SHSP funds)
and Dissemination
information and intelligence- shmingoapability while also serving as a force multiplier for the JRIC. This
project will also support the Terrorism Liaison Officer (TLO) program and establish standardized training for
.
the program participants.
Project E:
The Orange County Intelligence Assessment Center's ( OCIAC) Critical Infmshuctum Protection (CIP) Unit
Improve and Expand
will continue to identify, prioritize, and protect critical infrastructure and key resources in the Orange County
critical
Operational Area. After being identified, these sites will be prioritized usingdavat -based analysis, with
$1,000,000
Infrastructure ...
vulnerability assessments completed an top sites based on this analysis. The inf minitim harvested during
(SHSP funds)
Protection
these assessments will be stared in the Department of Homeland Security's Automated Critical Asset
Management System.(ACAMS)for use in pre4ncident planning and post- incident mitigation efforts.
Page I of3
Exhibit to ASR
Distribution of Grant blinds or Property
Project Title
Description
Amount
Project F:
The OA and UAST must continue with NIMS integration into local and county Emergency Management
Enhance Emergency
Programs, including emergency plans, emergency operations centers (EGC) upgrades, emergency management
5460,000 (SHSP
Planning and
software, business continuity plans and hazard mitigation plans. This project also addresses the needs offvst
funds)
Management
responder agencies in bringing their emergency operations center up to communications standards.
Project G:
increase Community
This inject will focus on d' a existing Citizen Corps councils; expand the "Ready public
P eamp set;
Preparedness,
information preparedness campaign; develop and conduct a mutant aid drill and exercise a countywide
develop de
$100,000
Participation and
volunteer activation plan; identify and implementaew CERT curriculum to address the needs and concerns of
(SHSP funds)
Awareness
the regional area; improve and standardize volunteer imempanability/communications capabilities.
This project focuses on the continuation of training on equipment, and Incident Command System, The
Project H:
Operational Area(OA) and Anaheim/Santa Ana UAST have instituted a collaborative regional committee to
$300,000
Training
review and prioritize training requests, while still allowing for some discretionary training expenditures as
(SHSP funds)
detemrined by participating agencies. Training on the OA being compliant with H5PD -B, NIMS
.
t raining, and a:variety or terrorism and homeland security specific courses.
The purpose of this project is to develop a new 5-year exercise plan and to design and deliver the exercises
outlined in the plan, in collaboration with the AnaheirwSanm Am UAST. The Operational Area (OA) will
'
Project is -
participate in conjunction with the State's "Golden Guardian" exercise which is designed to tea the State's
$243,319
Exercises
capability to respond to cahastropbic evens. Tice OA will also conduct a variety of tabletop and functional
(SHSP funds)
exercises which may incorporate plans, equipment and training funded through the Homeland Security Grant
and other finding sources.
11e2009Homeland Security Grant guidance includes a fundamental shift inhow, the salaries ofpmomel,
$1,048,531
regardless ofthe capacity in which they are functioning, may be allocated to the grant Specifically, no more
(SHSP funds)
than 50% of the award may be used for salaries, including training; planning management and administration;
Project L.
and consultants. For budgeting and tracking purposes only, personnel costs are included here. All Iwrsommi
Personnel;
funded through the SHSP funds will be required to complete and submitted a fractional timesbeet assigning
Management&
their time to we of the grant - funded projects.
Administration
Adradoishation and Program Management of Homeland Security Grant Programs. The OCSD/OA will use the
$187,706
3% of its SHSP and 1.5% of its MMRS allocation to continue to pay for Smut management staff, hire
(SHSP funds)
additional staff, and purchase the supplies/equipment to successfully administer the Homeland. Security Grant
& $14,455
Program. I
(MMRS funds)
Page 2 of 3
Exhibit B to ASR
Distribution of Grant Funds or Property
Project Title
Description
Amount
Project M:
This project includes the lease of our Strategic Warehouse to receive, store, ship, and coordinate the Strategic
Mass prophylaris
National Stockpile and local and regional medical equipment, supplies, and pharmaceuticals for the Operational
$794,159
and Medical Surge
Area. This inject will provide a means to prophylax first responders and their families in the event of a
(SHSP funds)
bioterrorist attack or disease outbreak and will support protection of the community at large. This fmility
provides critical support to the region in the event of a disaster or disease outbreak.
MMRS funds support the three cities of Anaheim, Huntington Beach, and Santa Ana to further enhance and
sustain a regionally integrated, systemic mass causality incident pteparedness program that enables a response
during the first crucial horns of an incident. The programs prepare jtuisdictious and the Operational Area of
Orange County for response to all hazards mass causality incidents, including CBRNE terrorism, epidemic
Project O:
diseaseoutbrcaks, natural disasters,and large scale hazardous materials incidents. MMRS furtherworks, plans,
$949,208
NOM
and integrates with its UASI and SHSP partners to provide an etTmtive response to those incidents. It will
(MMRS funds)
emphasize a coordinated multi- discipline, multi jurisdiction response to a CBRNE event Projects in this
Investment will sustain and enhance previous OA/JA investments: The funds are passed through to these
cities to manage. The County retains 1.5% for Administrative and Managemcet costs. This project will
include the purchase of equipment and supplies, training, and exercises.
Page 3 of 3
ATTACHMENT C
FY 2009 GRANT ASSURANCES
Name of.
Address:
California Emergency Management Agency
FY09 Grant Assurances
(All HSGP Applicants)
City: 11 PkJ1ry 4- Ceg, A State: Cif • Zip Code: /o -66=3
�Tyq oi4q
Telephone Number:_jpy4 -. ?bpp Fax Number: tey4j33?&
E -Mail Address:
As the duly authorized representative of the applicant, I certify that the applicant named above:
Has the legal authority to apply for Federal assistance and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA) and sub - granted through the State of California, California Emergency Management
Agency (Cal EMA).
2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between programs (State Homeland Security Program, Urban Area Security
Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years.
3. Will comply with any cost sharing commitments included in the FY09 Investment Justifications
submitted to DHS/FEMA/Cal EMA, where applicable.
4. Will give the Federal government, the General Accounting Gf %ce, the Comptroller General of
the United States, the State of California, through any authorized representative, access to, and
the right to examine, all paper or electronic records, books, or documents related to the award;
and will establish a proper accounting system in accordance with generally accepted accounting
standards and/or awarding agency directives.
5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline
level of capability as defined by the Fusion Capability Planning Tool.
6. Will provide progress reports, and other such information as may be required by the awarding.
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
7. Will initiate and complete the work within the applicable time frame after mceipt of approval
from Cal EMA.
Initials _ .. .
8. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
9. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
10. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes, or presents the appearance of, personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family, business,
or other ties.
11. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees
shall use small, minority, women - owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
12. Will notify Cal EMA of any developments that have a significant impact on award - supported
activities, including changes to key program staff.
13. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rebabilitation of
residence structures.
14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written. approval from DHS/FEMA/Cal EMA.
15. Will comply withal] Federal Statues relating to Civil Rights and Nondiscrimination. These
include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title DX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681.1683
and 1685 - 1686), which prohibits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 - 6107), which
prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L: 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
g.. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
b. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et s6q.), 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.
Page 2 Initials
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs,
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
16. Will comply with the requirements of Titles IJ 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 CPR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally- assisted programs.
17. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance, if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
18. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review. any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
19. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, communications
towers, physical security enhancements, new construction and modifications to buildings that are
fifty (50) years old or more. Any construction related activities initiated prior to full EHP review
will result in a noncompliance finding. If ground - disturbing activities occur during the project
implementation, the recipient must ensure monitoring of the disturbance. If any potential
archeological resources are discovered, the recipient will immediately cease activity in that area
and notify DHS/FEMA/CaI EMA and the appropriate State Historic Preservation Office.
20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) .
List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consideration for listing by the EPA.
..Qsige 3 Initials
21. Will provide any information requested by DHS /FEMA/Cal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental
Quality (EO11514).
b. Notification of violating facilities pursuant to FO 11738.
c. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523).
f. California Environmental Quality Act (CEQA). California Public Resources Code .
Sections 21080- 21098, California Code of Regulations, Title 14, Chapter 3 Section
15000- 15007.
g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system,
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
22. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
23. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grantfrom FEMA`s
Grant Programs Directorate, US. Department of Homeland Security. Points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the qfflcial
position or policies of FEM,4s 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 .
24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub - award; and b) any rights.
of copyright to which a recipient or sub - recipient purchases ownership with Federal support.
25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
26. , Has requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
Page 4 Init ais `
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
C. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per Federal Fiscal Year.
27. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
28. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
29. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
30. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
31. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non -profit organizations.
32. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor
standards for Federally assisted construction sub - agreements.
33. Agrees that.
A. No Federal appropriated funds have been paid or will be paid, by, or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an ofiicer.or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any.agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member
of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall complete arid 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 subcontracts) 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
Pages Initials _ .
prerequisite for making or entering into this. transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
34. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
35. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non - Federal funds.
36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars Al 02 and A -133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with
Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance
and use of Federal funds for Federally assisted projects.
37. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
39. Will comply with all provisions of 2 CPR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A =110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A -87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A -21); Part 230 Cost Principles for Non Profit Organizations (OMB
Circular A -122).
40. Will comply with Federal Acquisition Regulations "(FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
'41. Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide and the current DH5 Financial
Management Guide.
42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2009 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Page 6 Initlals
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2009 Homeland Security Grant
Program application. Further, use of FY09 funds is limited to those investments included in the
California FY09 Investment Justifications submitted to DHS /FEMA/Cal EMA and evaluated
through the peer review process.
43. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension ".
44. Ag 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.chatged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three -year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or wilt
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:
L The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs;
and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a). .
Page 7 Initials. —
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 terns of the statements 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 day's
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
AM: 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 1473, 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 drug4ree workplace through
.implementation of paragraphs (a), (b), (c), (d), (e), and (fl.
46. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
47. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized
Printed Name of Authorized Agent: �.
Title: Date;
page 8 Initials
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2010 -45 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of
May, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: Henn
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of May, 2010.
" �) kaAt!��
City Clerk
Newport Beach, California
(Seal)