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County of Orange Sheriff-Coroner Department - Office of Homeland Security - 2009-03-24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2008 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this - V!, of —A 2009, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and �^ � , a (municipal corporation/special district/not-for- profit co oration), he inafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the I lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security, to enhance county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 08 CA Supplement to Federal Program Guidelines), B (2008 Homeland Security Grant Programs) and C (FY 08 Grant Assurances) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase I equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant J purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as j specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or I to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE' i Page] of 4 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 j 17 !i 18 19 20 21 22 23 24 25 26 27 28 I I to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 11 authorized agent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant funds only for those purposes pennitled under the terms of the grant, and I shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired i with grant funds from damage or destruction and shall provide regular maintenance and repairs for said 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, teclurologies and/or services to include but not limited to upgrades, licenses and renewals of said equipment,' technologies and/or services. 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded equipment only in accordance with the instructions of COUNTY. 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their elected and appointed officials, officers, agents and employees from any and all claims and losses I i accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of grant -funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto, and frorn any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's use of grant -funded equipment, tecluiology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY Page 2 of 4 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A, B and C hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State j I Auditor General with respect to this Agreement for a period of three years after final payment I I hereunder. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in I I writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 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 I COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attaelunents A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. Page 3 of 4 2 3 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 24 25 26 27 28 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 1,4 , 2009 COUNTY OF ORANGE, a political subdivision of the State of California By c�'/z gz-�� Sheri -Coron r "COUNTY" APPROVED AS TO FORM: COUNTY COUNSEL By L- , G� Nicole A. Sims, Deputy DATED: �Z , 2009 DATED: SUBGRANTEE ATTEST: i�WME EM-WAV i DATO: 2009 LM Page 4 of 4 APPROVED AS TO FORM JENNIFER McG ity Attorney By`� k Deputy City Attorney 3 i\c-\U`l Governor's Office of Homeland Security FY08 Homeland Security Grant Pr0gram California Supplement to Federal Program Guidance and Application Kit May 7, 2008 STATE OF CALIFORNIA Arnold Schwarzenegger, Governor Governor's Office of Homeland Security Matthew R. Bettenhausen, Director Gary Winuk, Chief Deputy Director Grants Management Division Larry Davis, Deputy Director John Isaacson, Division Chief Fiscal and Reporting Unit Kris Whitty, Program Manager Homeland Security Grant Unit Ursula Harelson, Program Manager Fiscal Program Staff Inam Ali Sabra Bowen Gina Joaquin Homeland Security Grant Staff Cameron Bardwell Maybel Garing Sarah Knight Leo LaMattina Rachel Magana FY08 Homeland Security Grant Program Page 2 Table of Contents Page State of California- Office of homeland Security 2 Foreward- Director's Message 4 Section One — Overview 5 Federal Program Guidance and Updates 5 Purpose of the California Supplement 5 Eligible Subgrantees 5 Approval Authority Body (SHSP only) 5 Subgrantee Allocations 6 Tribal Governments and Native American Allocation 6 Public and Private Organizations 6 Management and Administrative Costs 6 State Contact Information 6 Section 2 — Subgrant 'Timeline 8 Timeline Chart 8 Section 3 — Key Federal and State Changes & Initiatives 9 Key Federal Changes 9 Key State Changes and Initiatives 10 Section 4 — Subgrant Applications 13 State Application Components 13 Regional Approach 13 Applications Due 14 Application Approval 14 Governing Body Resolution 14 Grant Assurances 14 State Agencies 15 Section 5 — Post Subgrant Award 16 Post Award Modifications 16 Subgrantee Performance Reports 16 Monitoring Subgrantee Performance 16 Suspension or Termination 17 Closeout 17 Advances and Interest Earned on Advances 18 Payment Request Process 18 Non-G&T Developed Training Courses 18 Authorized Equipment List 18 Appendix 19 Governing Body Resolution — OA and UASI 20 Governing Body Resolution Instructions 22 Signature Authority — State Agency 23 State Agency Project Description Template 24 FY08 Homeland Security Grant Program Page 3 F®reward: Director's Message The Governor's Office of Homeland Security (OHS) has had another successful year working with our partners in enhancing the four mission areas of the National Preparedness Goals of prevent, protect, respond, and recover. To continue that progress, we are releasing the FY2008 Homeland Security Grant Program (HSGP) guidance. As you review the guide, you will see that there have been several changes this year. FY2008 HSGP will focus on three objectives as its highest priorities: 1. Measuring progress in achieving the National Preparedness Guidelines 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, detection and protection capabilities 3. Strengthening preparedness planning At least 25% of HSGP (State Homeland Security Program [SHSP], Urban Area Security Initiative [UASI], Metropolitan Medical Response System [MMRS], and Citizen Corps Program [CCP]) funds must be collectively allocated to objectives two and three as required by the federal grant guidelines. In past years, the federal Department of Homeland Security has consolidated the administration of programs into one application package. They have once again consolidated the grant programs, however, because of changes in federal law (Implementing Recommendations of the 9/11 Commission Act of 2007 and FY2008 Consolidated Appropriations Act, FY2008 HSGP) there was not a separate budget line -item for the Law Enforcement Terrorism Prevention Program (LETPP). The LETPP grants are now funded as a percentage of the SHSP and UASI allocations. We are required to ensure that at least 25 percent of the SHSP and UASI funds are dedicated towards law enforcement terrorism prevention -oriented planning, organization, training, exercise, and equipment activities. Of course, our grant staff is available to assist you with any questions. They are here to serve you, our customer. I also want to take this opportunity to thank them for all their hard work and dedication. While the federal grant rules, guidance and requirements require a lot of effort by all of us, I especially appreciate all the work that each of you do to make sure we meet these requirements and wisely invest these important funds to better prepare California and the nation. I am amazed everyday by the hard work and dedication by each of you across this great State. We look forward to another successful year of working with you to better prepare California and make our communities safer. MATTHEW R. BETTENHAUSEN Director Governor's Office of Homeland Security FY08 Homeland Security Grant Program Page 4 Section 1 - Overview Federal The U.S. Department of Homeland Security (US DHS) published the Program FY 2008 Homeland Security Grant Program, Program Guidance and Guidance and Application Kit on February 1, 2008. Updates The Guidance and Application Kit may be obtained at: http://www.ohs.ca.gov/FY2008 HSGP.html Information US DHS also issues information bulletins that provide grant updates, Bulletins information, clarification, and requirements throughout the life of the grant. Information Bulletins: http://www.oip.usdoi.gov/odp/docs/bulletins.htm Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by the US DHS, Supplement Office of Grants and Training. The Supplement will emphasize differences between the FY 07 and FY 08 Homeland Security Grant Programs, and will include additional California policies and requirements applicable to FY 08 HSGP. Eligible Eligible subgrant recipients, referred to as subgrantees, differ for each Subgrantees program. Generally, eligible subgrant recipients for FY 08: - Operational Areas (OA) - includes Metropolitan Medical Response (MMRS) - Native American tribes - Urban Area Security Initiative Jurisdictions (UASI) - State Agencies (SA) Approval Authority Body Operational Areas must appoint an Anti -Terrorism Approval Body (SHSP only) (Approval Authority) to have final approval of the OA's application for SHSP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the Operational Area Fire Chiefs) • County Sheriff • Chief of Police (selected by the Operational Area Police Chiefs) Each member of the Approval Authority must provide written agreement with the OA's application for SHSP funds. NOTE. A list of the Approval Authority Body members, and associated contact information, must be submitted with the FY08 HSGP application. FY08 Homeland Security Grant Program Page 5 Subgrantee Subsequent to US DHS's announcement of funding to California on Allocations approximately July 28, 2008, subgrantee allocation information will be made available via an OHS Grant Management Memorandum (GMM) Tribal NOTE: All subgrantees are encouraged to coordinate with Tribal Governments Governments to ensure that Tribal needs are considered in the subgrantees' applications. Native Federal FY08 grant guidance requires OHS to designate a portion of the American SHSGP funds to Native American tribes in California. In order to Allocation implement this requirement, OHS will be awarding California tribes a share of this funding equivalent to a 59th Operational Area on a base plus population basis. In order to submit an application for funding, California's 108 tribes shall develop a coordinating group that represents all or substantially all of the tribes. The coordinating group shall have 180 days to submit to OHS its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California tribes. Public and Private Organizations NOTE. Subgrantees may contract with any other public or private organizations to perform eligible activities on approved projects. Management and The subgrantee Management and Administrative (M&A) allowance is a Administrative maximum of 3% of the subgrant award on all FY 08 HSGP programs. (The Costs 3% cap was set by federal law.) State Contact Information All subgrantee application materials, related questions, comments and correspondence should be directed to the address below. Governor's Office of Homeland Security ATTN: Grants Management Division State Capitol Sacramento, CA 95814-4900 (916) 324-8908 (916) 324-5902 Fax OHS Regional Representatives may be located on the regionl map at: http://www.ohs.ca.gov/pdf/OHS Regional Map.pdf Important Note: HAND DELIVERED APPILCATIONS WILL NOT BE ACCEPTED OHS website Governor's Office of Homeland Security Website httl2://www.ohs.ca.gov FY08 Homeland Security Grant Program Page 6 Access to Office for Domestic Preparedness Secure Portal Secure portal https:Hodp.esportals.com/index.cfm 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) Bj.Bjornson@ohs.ca.gov Phone (916) 826-4488 Grants To obtain access to the Grants Reporting Tool (GRT), please click on the link Reporting below and follow the instructions that read, "If you need to register for an Tool account please click here." For additional assistance in the GRT, please contact Inam Ali (916-324-6054 or Inam.Ali@ohs.ca.gov) or Sabra Bowen (916-324-6779 or Sabra.bowen@ohs. ca.gov) Federal Emergency Management Agency (FEMA), Grant Reporting Tool (GRT) https://www.reporting.odp.dhs.gov FY08 Homeland Security Grant Program Page 7 Section 2 - Subgrant Timelines FY 08 HSGP US DHS Announcement of FY 08 HSGP Subgrantee Timeline SAA application due FY 08 HSGP California Supplement release Subgrantee application workshops US DHS Award OHS release of Suballocations Subgrantee applications due to OHS Subgrantee awards (45 days from US DHS award) Subgrantee performance period begins Subgrantee performance period ends Final requests for reimbursement due SAA Performance Period Ends * Date approximate depending on US DHS award date February 1, 2008 May 1, 2008 May 5, 2008 June, 2008 July 28, 2008* August 1, 2008* August 15, 2008* September 10, 2008* September 10, 2008* March 31, 2011 April 10, 2011 June 30, 2011 FY08 Homeland Security Grant Program Page 8 Section 3 — Ivey Federal and State Changes and Initiatives Key Federal FEDERAL Changes and Overarching HSGP Priorities Initiatives Funding priorities for this year continue and further narrow the focus on risk -based funding and capability -based planning that the Department of Homeland Security (DHS) began three years ago. FY 2008 HSGP will focus on three objectives as its highest priorities. These three objectives are: 1. Measuring progress in achieving the National Preparedness Guidelines 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities 3. Strengthening preparedness planning Post -award Analysis To ensure that the HSGP funding is allocated to address the nation's highest risks and support the capability -based planning process, the Department will conduct a post - award analysis to identify trends that can better inform and guide future policy decisions supporting national preparedness. Grantees may be asked to cooperate in FEMA's post -award analysis. Potential for Future Match Requirements Grantees are not required to engage in cash or in -kind match for FY 2008 HSGP funds. However, there is the potential for future grant programs to be impacted by cash match requirements as early as FY 2009. Accordingly, grantees should anticipate and plan for future homeland security programs to require cash or in -kind matches at cost -share levels comparable to other FEMA-administered grant programs. FY08 Homeland Security Grant Program Page 9 Ivey State Changes STATE and Initiatives Terrorism Liaison Officer (TLO) - In an effort to continue to build towards a comprehensive, integrated prevention network of information sharing, all recipients of FY 08 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. To request a waiver of this requirement, please contact OHS Information Sharing Division's, Deputy Director, William Hipsley at Bill.Hipsley@ohs.ca.gov. 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 DRIES), which provides data sharing capabilities throughout the state. The JRIES is an integral component in the information sharing network throughout the state. Applicants shall document CAL JRIES access or an application for access to CAL JRIES in their grant application to be eligible for funding. Access or an application for access will be confirmed with the STTAC prior to final application approval. Native American Allocation - Federal FY08 grant guidance requires OHS to designate a portion of the SHSGP funds to Native American tribes in California. In order to implement this requirement, OHS will be awarding California tribes a share of this funding equivalent to a 59t" Operational Area on a base plus population basis. In order to submit an application for funding, California's 108 tribes shall develop a coordinating group that represents all or substantially all of the tribes. The coordinating group shall have 180 days to submit to OHS its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California tribes. Tactical Interoperable Communications Plans (TICP) and CALSIEC Participation - In FY07 participation in the California Statewide Interoperability Executive Committee (Ca1SIEC) and the development of a Tactical Interoperable Communications plans was strongly suggested. As a condition of FY 08 HSGP funding, subgrantees shall show completion or demonstrate progress (to include a completion timeline) for the development of a TICP. Technical assistance in developing a TICP is available. TICPs may be completed regionally or at the Operational Area level. Subgrantees are again encouraged to participate in Ca1SIEC and the Ca1SIEC planning areas. Failure to Submit Required Reports - Many subgrantees fail to fulfill the periodic reporting requirements as required by the grant. Subgrantees who miss a single reporting deadline will receive a letter addressed to their Board of Supervisors informing them of the failure to report. County Operational Areas and Tribal Native Americans who fail to report twice in a row will have subsequent awards reduced by ten percent (10%) until timely reporting is reestablished. UASIs shall have a "hold" placed on any future reimbursements. FY08 Homeland Security Grant Program Page 10 Key State Changes Corrective Action Plans — The Monitoring and Audits Unit (MAU) is actively and Initiatives conducting monitoring visits, both desk review and on -site, among subgrantees. (cont) 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 Of" — 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. CONOPS - State Terrorism Threat Assessment System (STTAS) grant funding is currently provided by the US Department of Homeland Security through the Governor's Office of Homeland Security (OHS) -- Grants Management Division. The State Terrorism Threat Assessment Center (STTAC), Regional Terrorism Threat Assessment Center (RTTAC), and Intelligence Nodes receiving Homeland Security grant funding through the OHS are required to comply with the California STTAC Concept of Operations. Noncompliance with the California STTAC Concept of Operations may result in the loss of eligibility for future grant funds or the rescission of funds previously allocated. Investment Justification Planning Conference — OHS will conduct its annual Investment Justification Planning Conference to receive statewide input across all disciplines. The conference will be held September 2-3, 2008. This conference is an eligible planning activity. Please be sure to include the cost to attend this conference in your FY 08 HSGP application. State Initiative Funding — In FY 08 HSGP, the OHS shall retain twenty percent (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. 10%'Training Requirement - Not less than ten percent (10%) of all subgrantee applications must be allocated to Grants and 'Training (G&T) approved Training activities. However, training on equipment will be allowed as part of the 10%. Subgrantees will put this in writing and submit to OHS Program Representative. This does not apply for Exercises. Generally, there are not state restrictions or preferences on how subgrantees allocate funds across eligible program 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 must notify the Office of Homeland 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. FY08 Homeland Security Grant Program Page I 1 Key State Changes Exercise After Action Reports (AAR) and Improvement Plans (IP) must be and Initiatives provided to G&T within 60 days following the completion of each exercise. (cont) Delivery to G&T is accomplished by posting the AAR and IP in the appropriate Important Note: 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 Golden Guardian activities should program FY 08 HSGP funds into their subgrant application. Costs OHS program representatives will be checking applications from subgrantees scheduled to participate GG activities within the FY 08 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 the T&E at (916) 826-4488, or by e-mail to Bj.Bjornsonkohs.ca.gov. Applicants are strongly encouraged to functionally integrate their efforts by CAL METRICS participating in the California Metrics Project, a Statewide standardized resource typing and capabilities inventory and assessment effort. The CA Metrics Project, in collaboration with Federally coordinated National efforts, seeks to develop a systematic method for identifying gaps in prevention, planning and emergency response capabilities in order to more effectively allocate economic and human resources in support of achieving preparedness goals. The Metrics Project has associated eligible planning costs. Subgrantees 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 applications. For more information about the CA Metrics Project, contact the California Governor's Office of Homeland Security. Personnel Costs — In FY 08 HSGP the fifteen percent (15%) cap on personnel costs PERSONNEL is not applicable to the Metropolitan Medical Response System (MMRS) or Citizen Corps Program (CCP) funding. Grant Management Capabilities — Applicants will be required to document their grant management capabilities and include this information with their application. 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 of a "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 obtain a performance bond for any equipment item over $250,000 or any vehicle (aircraft or watercraft) financed with homeland security dollars. Financial Management Forms Workbook — an electronic copy of the OHS Financial Management Forms Workbook V 1.08 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. FY08 Homeland Security Grant Program Page 12 Section 4- Subgrant Applications State Required A completed application will include all of the following components. Application Components . Completed OILS Financial Management Forms Workbook V 1.08 - Submitted electronically via email on the ODP Secure Portal Application Cover Sheet Grant Management Roster Project Ledger Project Description Project — A thru T Investment Justification — Goals and Objectives - Project Description - Need for Project - Status of Project Equipment Inventory Ledger Training Roster with course approved numbers Exercise Roster Terrorism Liaison Officer (TLO) Roster CAL JRIES Access Authorized Agent form with appropriate signatures • Governing Body Resolution — Mailed State Agency . Project Narrative — (State Agency Only) — Mailed Project - Template available in Appendix A - Forms Narrative • Signature Authority - Mailed • Signed Original Grant Assurances — Mailed - Available only in PDF format on the OHS website The Financial Management Forms Workbook V 1.08 can be found at httl2://www.ohs.ca.gov/FY2008 HSGP.html NOTE: Subgrant awards will not be made until all required application components have been approved by the state. Regional Subgrantees must take a regional approach when determining the best use of Approach FY 08 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 08 HSGP application. FY08 Homeland Security Grant Program Page 13 Applications Due Completed financial management forms workbooks must submitted electronically to the ODP secure portal. Place workbook in the folder named, "FY08 HSGP Application". Detailed instructions on the electronic submittal process will be issued in a Governor's Office of Homeland Security (OHS) Grant Management Memo prior to application due date. Project description narratives and original grant assurances must be mailed to the address below. All application materials are due no later than Friday, August 22, 2008*. Only applications postmarked by the due date will be accepted. Additional information will be requested or accepted from subgrantees at the sole discretion of OHS. Applications lost in transit are the responsibility of the applicant and will not be considered for funding. The mailing address for all applications is: Governor's Office of Homeland Security ATTN: Grant Management Division State Capitol Sacramento, CA 95814 ODP Secure Portal https://odp.esportals.com/index.cfm Application The subgrantee will receive written notice of the state's approval of the Approval subgrant application no later than 45 days after the federal grant award. Governing Body The Governing Body Resolution appoints agents authorized to execute any Resolution actions necessary for each application and subgrant. NOTE: All applicants will be required to submit a new Governing Body Resolution with their FY 08 HSGP application. A sample Resolution can be found in Appendix A- Forms. Grant The Grant Assurances form lists the requirements to which the subgrantees Assurances will be held accountable. NOTE: All applicants will be required to submit new Grant Assurances with their FY 08 HSGP application. The required Grant Assurances form can be found only in PDF format on the OHS website and available no later than 14 days after the Federal award. Important note: Self created grant assurances forms will not be accepted. * Date approximate depending on US DHS award date FY08 Homeland Security Grant Program Page 14 State Agencies Which State Any state agency, department, commission, board, etc., may apply for organizations FY 2008 Homeland Security Grant Program (HSGP 08) funding, as long as may apply? 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. The application cover sheet must be signed by the highest -level person at the Who may sign state organization, or their designee. If a designee, the highest -level person at the Application for a State the state organization must execute and submit a Signature Authority form Agency? 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; For which Programs may - State Homeland Security Program (SHSP) State - Urban Areas Security Initiative (UASI) Organizations Apply? If a state organization applies for any of the UASI state allocation, the funds Use of UASI must be used to directly support one or more pre -selected urban area(s). The funding by State application's UASI project description must describe the project AND identify Agencies the urban area(s) that will be supported by the project. While the State Homeland Security Strategy broadly describes goals, What are the objectives and implementation steps, the state's priorities for FY 08 HSGP State Priorities are: for FY 08 HSGP? (1) Interoperable Communications (2) Catastrophic Planning (3) Medical Surge (4) Citizen Preparedness and Participation (5) Mass Prophylaxis (6) Critical Infrastructure Protection (7) Training for First Responders In addition to the project description in the Financial Management Forms Project Narrative Workbook, a detailed project narrative is required. Project Narrative is included in Appendix A - Forms FY08 Homeland Security Grant Program Page 15 Section 5- Post Award Requirements Post Award Post award budget, scope and time modifications must be requested using the Modifications OHS Financial Management Forms Workbook V 1.08, by the subgrantee's Authorized Agent, and submitted to the subgrantee's Program Representative in the Homeland Security Grant Unit at OHS. Upon approval the subgrantee will be instructed to make the required changes in the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov . The subgrantee may implement the modifications, and incur associated expenses, after receiving written final approval of the modification from the State. NOTE: Modifications can be requested once per quarter during the grant performance period. Failure to submit modification requests, and receive written approval prior to expenditure, could result in a reduction or disallowance of that part of the grant. Subgrantee Subgrantees must prepare and submit performance reports to the state for the Performance duration of the grant performance period, or until all grant activities are Reports completed and the grant is formally closed by OHS. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the Office for Domestic Preparedness (ODP), Grants Reporting Tool (GRT) https://www.reporting_odl2.dhs.gov , and will also be required to submit additional information and data requested by the state. Subgrantees who miss a single reporting deadline will receive a letter addressed to their Board of Supervisors informing them of the failure to report. Subgrantees who fail to report twice in a row will have subsequent awards reduced by ten percent (10%) until timely reporting is reestablished. Monitoring The state is currently conducting a program of sub -grantee monitoring. The Subgrantee monitoring will be conducted on the Subgrantees administrative, programmatic Performance and fiscal management of the grant(s). These reviews may include, but are not limited to: • Eligibility of expenditures • Comparing actual subgrantee activities to those approved in the subgrant application and subsequent modifications, if any. • Ensuring that advances have been disbursed in accordance with applicable guidelines. • Confirming compliance with: — Grant Assurances. — Information provided on performance reports and payment requests. — Needs and threat assessments and strategies. FY08 Homeland Security Grant Program Page 16 Important note: It is the responsibility of all subgrantees to monitor and audit the grant activities of their subbrecipients. This requirement includes, but is not limited, to on site verification of grant activities as required. Suspension or The State may suspend or terminate subgrant funding, in whole or in part, or 'germination other measures may be imposed for any of the following reasons: • Failing to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failing to comply with the requirements or statutory objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. • Filing a false certification in the application or other report or document. • Failing to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the state will provide the subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. Closeout The State will close a subgrantee award after: Receiving a subgrantee Performance Report indicating that all approved work has been completed, and all funds have been disbursed; Completing a review to confirm the accuracy of reported information; and Reconciling actual costs to awards, modifications and payments. If the closeout review and reconciliation indicates that the subgrantee: • Is owed additional funds, the state will send the final payment automatically to the subgrantee. • Did not use all funds received, the state will issue an Invoice or Grant Modification letter to recover unused funds. In the Grant Closeout letter, the state will notify the subgrantee of the start of the record retention period for all programmatic and financial grant related records. NOTE. Failure to maintain all grant records for the required retention period could result in a reduction of eligible grant activities, and an invoice to return costs associated with the unsupported activities. FY08 Homeland Security Grant Program Page 17 Advances and The US DHS allows subgrantees to request FY 08 HSGP funds up to 120 days Interest Earned prior to expenditure/disbursement, or on a reimbursement basis. The federal on Advances guide requires that advances must be deposited in interest -bearing accounts, and describes how interest earned should be returned quarterly to the federal government. In addition to returning interest in accordance with the prescribed federal guidance, subgrantees must also inform the grantee's Program Representative in the Homeland Security Grant Unit at the Governor's Office of Homeland Security of any interest returned on program funds. Payment Request To request advance or reimbursement payment of FY 08 HSGP funds, Process complete a payment request form using the OHS Financial Management Forms Workbook and return it to the appropriate Program Representative in the Homeland Security Grant Unit at the Governor's Office of Homeland Security. OHS Financial Management Forms Workbook V 1.08 http://www.ohs.ca.gov/FY2008 HSGP.html NOTE. Payments can only be made if the subgrantee has an approved application, valid Governing Body Resolution and valid Grant Assurance form. Non-G&T When seeking US DHS approval of non-G&T developed courses, the most Developed notable changes: Training Courses • Course materials must be submitted with the approval request; and • Conditional approvals are no longer offered. The Office of Homeland Security Training and Exercise and Evaluation Program (HSTEEP) will release additional training related information at a later date. OHS Training Website: http://www.ohs.ca.aov/hseep/TrainingHome.html Authorized The FY 08 Authorized Equipment List (AEL) may now be found on the web at Equipment List http://www.rkb.us. FY08 Homeland Security Grant Program Page 18 Appendix A m Forms FY08 Homeland Security Grant Program Page 19 SAMPLE OF RESOLUTION NOTE: An application to the Governor's Office of Homeland Security for state or federal grant funds is to include, at a minimum, the following information in a resolution. Applicants have the option of including any additional information. RESOLUTION NO. A RESOLUTION APPROVING AN APPLICATION FOR FUNDING FROM THE AND AUTHORIZING THE EXECUTION (name of grant program) OF A GRANT AWARD AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. BE IT RESOLVED by the of the (governing body) as follows: (applicant) SECTION 1: The has reviewed and hereby approves application for: (governing body) for up to $ (name of grant program) PROJECT A: PROJECT B: PROJECT C: PROJECT D: Add projects if necessary. (requested amount) FY08 Homeland Security Grant Program Page 20 SECTION 2: If the grant application is approved, the (applicant) will provide a match of consistent with the (match amount) (name of grant program) SOURCE OF MATCH: SECTION 3: Be it resolved that or or (authorized agent name/title) (authorized agent name/title) is hereby authorized and directed to act on the (authorized agent name/title) behalf in all matters pertaining to this grant award. (applicant's) PASSED AND ADOPTED at a meeting of the held on (applicant) OFFICIAL ATTESTING TO THIS ACTION: ATTEST: Signature: (governing body) (date) Title: of the FY08 Homeland Security Grant Program Page 21 Instruction Sheet for the Governing Body Resolution Purpose The purpose of the Governing Body Resolution is to appoint individuals to act behalf of the governing body and the applicant. Authorized The Governing Body Resolution allows for the appointment of individuals Agent(s) or positions. For each person or position appointed by the governing body, submit the following information, with the resolution, to the state on the applicant's letterhead: ❑ Jurisdiction ❑ Telephone ❑ Grant Program o Fax # ❑ Name ❑ Cell Phone # ❑ Title ❑ E-Mail Address ❑ Address ❑ City ❑ Zip Code Authorized ® If the Governing Body Resolution identifies Authorized Agents by Agent Changes position and/or title, changes can be made by submitting new Authorized Agent information to the state. • If the Governing Body Resolution identifies Authorized Agents by name, a new Resolution is needed when any changes are made. The information list above must also be submitted with the new Resolution. FY08 Homeland Security Grant Program Page 22 OF THE AS THE (Name of State Organization) SAMPLE Signature Authority (For State Organizations) (Secretary/Director / President / Chancellor) 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. (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) Signed and approved this day of Signature 20 FY08 Homeland Security Grant Program Page 23 State Agency Project Narrative FY 2008 Homeland Security Grant Program Applicant (state organization) NOTE: Complete a separate Project Description or each proposed project Project Title: State Strategy Goal and Objective Supported by the Project: Indicate the State Priority Supported by the Project: Interoperable Communications Catastrophic Planning Medical Surge Citizen Preparedness and Participation Mass Prophylaxis Critical Infrastructure Protection Training for First Responders 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 that has already been conducted of the facility, and the date of the assessment (the assessment does not have to be submitted with the application); • A description of how the proposed project will address the vulnerabilities identified in the assessment; • A description of the consequences if the project is not funded under HSGP 08 Indicate the requested funding, by program: • SHSP $ UASI $ For UASI funding, indicate the Urban Area(s) supported by the project: FY08 Homeland Security Grant Program Page 24 FY 2008 Overview: Homeland Security Grant Program (HSGP) State Homeland Security Program Tribal (SHSP Tribal) Nonprofit Security Grant Program (NSGP) Operation Stonegarden (OPSG) Regional Catastrophic Preparedness Grant Program (RCPGP) July 25, 2008 Grant Programs Directorate 14177AC*"4��67- One of the core missions of the Department of Homeland Security (DHS) is to enhance the ability of state, local, and tribal governments to prevent, protect against, respond to, and recover from terrorist attacks and other disasters. FEMA's comprehensive suite of grant programs are an important part of the administration's larger, coordinated effort to strengthen homeland security preparedness. These programs implement objectives addressed in a series of post-9/11 laws, strategy documents, plans and Homeland Security Presidential Directives (HSPDs). Five preparedness programs within FEMA's comprehensive grants portfolio are: • Homeland Security Grant Program (HSGP) o State Homeland Security Program (SHSP) o Urban Areas Security Initiative (UASI) o Metropolitan Medical Response System o Citizen Corps Program (CCP) ■ SHSP Supplemental Guidance for Tribal Applicants ■ Nonprofit Security Grant Program (NSGP) ■ Operation Stonegarden Grant Program (OPSG) ■ Regional Catastrophic Planning Grant Program (RCPGP) Together, these grants may fund a wide range of preparedness activities, to include planning, organization, equipment purchase, training, exercises, and management and administration costs. These five programs support objectives outlined in the National Preparedness Guidelines and related national preparedness doctrine, such as the National Incident Management System, National Response Plan, and the National Infrastructure Protection Plan. All applicants had 90 days to complete the application process. DHS has also created multiple opportunities for applicants to consult with the department's grant program office and subject matter experts during the review process and prior to the announcement of awards. 2 State Homeland Security Program (SHSP) Total Funding Awarded in FY 2008: $861,280,000 Purpose: This core assistance program provides funds to build capabilities at the state and local levels and to implement the goals and objectives included in state homeland security strategies and initiatives in the State Preparedness Report. Eligibility: Eligible entities for SHSP were all 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands. Awards: Funds were allocated based on risk analysis and the anticipated effectiveness of proposed investments by the applicants. Funding Minimum: Each state will receive a minimum allocation under SHSP using the thresholds established in the Implementing Recommendations of the 9111 Act of 2007 (9111 Act). All 50 states, the District of Columbia, and Puerto Rico will receive 0.375 percent of the total funds allocated for.grants under Sections 2003 and 2004 of the Homeland Security Act of 2002 as amended by the 9/11 Act for SHSP and UASI programs. Four territories (American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands) will receive a minimum allocation of 0.08 percent of the total funds allocated for grants under Sections 2003 and 2004 of the Homeland Security Act of 2002 as amended by the 9/11 Act for SHSP and UASI programs. Urban Areas Security Initiative (UASI) Program Total Funding Awarded in FY 2008: $781,630,000 Purpose: The UASI program focuses on enhancing regional preparedness in major metropolitan areas. The UASI program directly supports the national priority of expanding regional collaboration outlined in the National Preparedness Guidelines, and is intended to assist participating jurisdictions in developing integrated regional systems for emergency prevention, protection, response, and recovery. Eligibility: The sixty highest risk urban areas were eligible for funding under the FY 2008 UASI program. Tiers and Awards: The seven highest risk urban areas, designated Tier 1, competed for approximately $429 million or 55 percent of available funds. The remaining urban areas, designated Tier 2, competed for approximately $351 million or 45 percent of available funds. Funds were allocated based on risk analysis and the anticipated effectiveness of proposed investments by the applicants. 3 Metropolitan Medical Response System (MMRS) Program Total Funding Awarded in FY 2008: $39,831,404 Purpose: MMRS funds enable jurisdictions to further enhance and sustain a comprehensive regional mass casualty incident response capability during the first crucial hours of an incident. The program prepares jurisdictions for response to all - hazards mass casualty incidents, including terrorism, naturally occurring events, and large-scale hazardous materials incidents. Eligibility: As with previous years, 124 cities were eligible for MMRS funding. Awards: Each of the 124 MMRS jurisdictions received $321,221 to establish or sustain local capabilities. Citizen Corps Program (CCP) Total Funding Awarded in FY 2008: $14,572,500 Purpose: The Citizen Corps mission is to bring community and government leaders together to coordinate community involvement in emergency preparedness, planning, mitigation, response and recovery. Eligibility: CCP eligibility mirrored that of SHSP: all 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands. Awards and Funding Minimum: CCP allocations were determined using the USA PATRIOT Act formula, which specifies that all 50 states, the District of Columbia, and Puerto Rico will receive a minimum of 0.75 percent of the total available grant funding, and that four territories (American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands) will receive a minimum of 0.25 percent of the total available grant funding. The balance of CCP funds were distributed on a population -share basis. In addition to CCP allocations, states and urban areas are encouraged to fully leverage all HSGP resources to accomplish the Citizen Corps mission. 4 SHSP Supplemental Guidance for Tribal Applicants Total Funding Awarded in FY 2008: $1,645,000 Purpose: To provide supplemental funding to directly eligible tribes pursuant to the 9/11 Act, "a directly eligible tribe applying for a grant under section 2004 [SHSP] shall designate an individual to serve as a tribal liaison with [DHS] and other federal, state, local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism." Eligibility: A "directly eligible tribe" is defined as — "(A) any Indian tribe— "(i) that is located in the continental United States; "(ii) that operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services; "(iii)(1) that is located on or near an international border or a coastline bordering an ocean (including the Gulf of Mexico) or international waters; "(11) that is located within 10 miles of a system or asset included on the prioritized critical infrastructure list established under section 210E(a)(2) or has such a system or asset within its territory; "(III) that is located within or contiguous to 1 of the 50 most populous metropolitan statistical areas in the United States; or "(IV) the jurisdiction of which includes not less than 1,000 square miles of Indian country, as that term is defined in section 1151 of title 18, United States Code; and "(iv) that certifies to the Secretary that a state has not provided funds under section 2003 or 2004 to the Indian tribe or consortium of Indian tribes for the purpose for which direct funding is sought; and "(13) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A). Awards: Funds were allocated based on risk analysis and the anticipated effectiveness of proposed investments by the applicants. Urban Areas Security Initiative (UASI) Nonprofit Security Grant Program (NSGP) Total Funding Awarded in FY 2008: $15,000,000 Purpose: UASI NSGP provides funding support for target -hardening activities to nonprofit organizations that are at high risk of international terrorist attack. Eligibility: Eligible nonprofit organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code) that are at high risk of international terrorist attack and are located within one of the specific UASI-eligible urban areas. Applicants must also satisfy the eligibility requirements to apply for grants through their State Administrative Agency (SAA). Awards: Funds were allocated based on risk analysis, feasibility, and integration with broader state and local preparedness efforts. 5 Operation Stonegarden (OPSG) Total Funding Awarded in FY 2008: $60,000,000 Purpose: The intent of OPSG is to enhance law enforcement preparedness and operational readiness along the land borders of the United States. Eligibility: OPSG provides funding to designated localities to enhance cooperation and coordination between local, state and federal law enforcement agencies in a joint mission to secure the nation's land borders. Local units of government at the county level may apply for funding from DHS through the State Administrative Agency (SAA). Awards: Funds were allocated based on risk analysis and the anticipated feasibility and effectiveness of proposed investments by the applicants. Regional Catastrophic Preparedness Grant Program (RCPGP) Total Funding Awarded in FY 2008: $60,092,500 Purpose: RCPGP provides $60,092,500 to advance catastrophic incident preparedness in Tier 1 and selected Tier 2 UASI urban areas. RCPGP is intended to support coordination of regional all -hazard planning for catastrophic events, including the development of integrated planning communities, plans, protocols, and procedures to manage a catastrophic event. Eligibility: Pursuant to the Consolidated Appropriations Act of 2008 (P.L. 110-161), FY 2007 Tier 1 UASI urban areas were pre -designated as eligible for these allocations. Additionally, DHS selected four (4) Tier 2 UASI urban areas to be representative of the risks, hazards, and operational structures around the nation. These four (4) Tier 2 urban areas include the Boston, Seattle, Norfolk, and Honolulu areas, and were selected based on the criteria requirement of appropriations language to focus on all hazard and catastrophic events. Awards: Funds were allocated based on the risk of a catastrophic incident occurring in the region and the anticipated effectiveness upon completion of the application review process. A portion of the FY 2007 and FY 2008 RCPGP funds ($44 million) was non- competitively awarded, based on UASI Tier. Each of the six Tier 1 sites was awarded $6 million, and each of the four Tier 2 sites was awarded $2 million from the non- competitive grant allocation. A further $11 million was competitively awarded in Tier 1, and $5,092,500 was competitively awarded in Tier 2 based on anticipated effectiveness of the proposed planning projects. R FY 2008 SHSP Funding Allocations State Alabama Amount $11,170,000 Alaska $6,170,000 American Samoa $1,850,000 Arizona $13,400,000 Arkansas $6,170,000 California $110,090,000 Colorado $11,880,000 Connecticut $10,380,000 Delaware $6,170,000 District of Columbia $11,320,000 Florida $37,090,000 Georgia $21,880,000 Guam $1,850,000 Hawaii $6,170,000 Idaho $6,170,000 Illinois $34,960,000 Indiana $12,650,000 Iowa $6,170,000 Kansas $7,530,000 Kentucky $9,590,000 Louisiana $16,110,000 Maine $6,170,000 Maryland $18,000,000 Massachusetts $17,210,000 Michigan $21,430,000 Minnesota $12,260,000 Mississippi $6,180, 000 Missouri $11, 950, 000 Montana $6,170,000 Nebraska $6,170,000 Nevada $9,390,000 New Hampshire $6,170,000 New Jersey $27,780,000 New Mexico $6,170,000 New York $76,500,000 North Carolina $16,280,000 North Dakota $6,170,000 Northern Mariana Islands $1,850,000 Ohio $24,520,000 Oklahoma $7,690,000 Oregon $8,940,000 Pennsylvania $30,310,000 Puerto Rico $6,170,000 Rhode Island $6,170,000 State South Carolina Amount $8,980,000 South Dakota $6,170,000 Tennessee $12,880,000 Texas $65,440,000 U.S. Virgin Islands $1,850,000 Utah $6,810,000 Vermont $6,170,000 Virginia $21,800,000 Washington $19,780,000 West Virginia $6,170,000 Wisconsin $10,640,000 Wvomina LTotal $6,170,000 $861,280,000 FY 2008 Urban Areas Security Initiative — Funding Allocations FY2008�trban Are ,Secu-ri .Initiative :UASF �R�o ram' California Urban Bay Area $37,155,000 Los Angeles/Long Beach Area $70,402,500 District of Columbia National Capital Region $59,800,500 TIER 1 Illinois Chicago Area $45,861,500 New Jersey Jersey City/Newark Area $34,988,000 New York New York City Area $144,189,000 Texas Houston Area $37,500,000 TIER 2 Arizona Phoenix Area $11,562,500 Tucson Area $4,753,000 California Anaheim/Santa Ana Area $13,425,000 Riverside Area $3,251,500 Sacramento Area $4,045,000 San Diego Area $15,510,500 Colorado Denver Area $7,614,500 Connecticut Bridgeport Area $1,967,000 Hartford Area $1,997,000 Florida Fort Lauderdale Area $6,382,500 Jacksonville Area $5,723,000 Miami Area $11,620,500 Orlando Area $5,432,000 Tampa Area $8,351,500 Georgia Atlanta Area $14,220,000 Hawaii Honolulu Area $5,005,000 Indiana Indianapolis Area $7,478,500 Kentucky Louisville Area $1,421,500 Louisiana Baton Rouge Area $1,786,500 New Orleans Area $4,248,500 Maryland Baltimore Area $11,552,500 Massachusetts Boston Area $13,783,500 Michigan Detroit Area $14,191,000 Minnesota Twin Cities Area $8,206,000 Missouri Kansas City Area $8,099,500 St. Louis Area $8,982,000 Nevada Las Vegas Area $9,030,500 New York Albany Area $1,757,000 Buffalo Area $5,306,000 Rochester Area $1,466,000 Syracuse Area $1,601,000 North Carolina Charlotte Area $4,821,000 Ohio Cincinnati Area $5,083,000 Cleveland Area $5,354,500 Columbus Area $4,578,500 Toledo Area $1,264,500 Oklahoma Oklahoma City Area $4,636,500 Oregon Portland Area $7,556,500 Pennsylvania Philadelphia Area $18,139,000 FY2008 Wcban�i4r`ealSecuritIriitiat e'i4S1 Pra rani,. Urban Pittsburgh Area $6,732,000 Puerto Rico San Juan Area $2,032,500 Rhode Island Providence Area $5,015,000 Tennessee Memphis Area $4,452,500 Nashville Area $1,783,500 Texas Austin Area $1,822,500 Dallas/Fort Worth/Arlington Area $20, 321, 500 El Paso Area $5,665,000 San Antonio Area $6,547,500 Utah Salt Lake City Area $1,845,000 Virginia Norfolk Area $7,760,000 Richmond Area $1,721,500 Washington Seattle Area $10,340,000 Total000 Wisconsin Milwaukee Area $4,491,000 10 FY 2008 MIMIRS Funding Allocations >> Y 2 08 Alabama Metro , lita"W edical Res onse Birmingham S. st ` -j'j(A $321,221 iRS V' '' ` $1,284,884 Huntsville $321,221 Mobile $321,221 Montgomery $321,221 Alaska Anchorage $321,221 $642,442 Southeast Alaska $321,221 Arizona Glendale $321,221 $1,284,884 Mesa $321,221 Phoenix $321,221 Tucson $321,221 Arkansas Little Rock $321,221 $321,221 California Los Angeles $321,221 $5,781,978 San Francisco $321,221 San Diego $321,221 San Jose $321,221 Long Beach $321,221 Oakland $321,221 Sacramento $321,221 Fresno $321,221 Santa Ana $321,221 Anaheim $321,221 Riverside $321,221 Glendale $321,221 Huntington Beach $321,221 Stockton $321,221 Bakersfield $321,221 Fremont $321,221 Modesto $321,221 San Bernardino $321,221 Colorado Aurora $321,221 $963,663 Colorado Springs $321,221 Denver $321,221 Connecticut Hartford $321,221 $321,221 Florida Miami $321,221 $2,248,547 Jacksonville $321,221 Tampa $321,221 St. Petersburg $321,221 Hialeah $321,221 Ft. Lauderdale $321,221 Orlando $321,221 Georgia Atlanta $321,221 $642,442 Columbus $321,221 Hawaii Honolulu $321,221 $321,221 Illinois Chicago $321,221 $321,221 Indiana Ft. Wayne $321,221 $642,442 Indiana Indianapolis $321,221 11 �� �" ,. FY�08Metro olitanXIedica{_Res o'�`se stem MMRS Jurisdiction -.-Allocation Iowa Des Moines $321,221 MMRS . State Total $321,221 Kansas Kansas City $321,221 $642,442 Wichita $321,221 Kentucky Lexington/Fayette $321,221 $642,442 Louisville $321,221 Louisiana Baton Rouge $321,221 $1,284,884 Jefferson Parish $321,221 New Orleans $321,221 Shreveport $321,221 Maryland Baltimore $321,221 $321,221 Massachusetts Boston $321,221 $963,663 Springfield $321,221 Worcester $321,221 Michigan Detroit $321,221 $963,663 Grand Rapids $321,221 Warren $321,221 Minnesota Minneapolis $321,221 $642,442 St. Paul $321,221 Mississippi Jackson $321,221 $321,221 Missouri Kansas City $321,221 $642,442 St. Louis $321,221 Nebraska Lincoln $321,221 $642,442 Omaha $321,221 Nevada Las Vegas $321,221 $321,221 New Hampshire Northern New England MMRS $321,221 $321,221 New Jersey Jersey City $321,221 $642,442 Newark $321,221 New Mexico Albuquerque $321,221 $321,221 New York Buffalo $321,221 $1,606,105 New York City $321,221 Rochester $321,221 Syracuse $321,221 Yonkers $321,221 North Carolina Charlotte $321,221 $963,663 Greensboro $321,221 Raleigh $321,221 Ohio Akron $321,221 $1,927,326 Cincinnati $321,221 Cleveland $321,221 Columbus $321,221 Dayton $321,221 Toledo $321,221 Oklahoma Oklahoma City $321,221 $642,442 Tulsa $321,221 Oregon Portland $321,221 $321,221 Pennsylvania Allegheny County $321,221 $642,442 Philadelphia P $321,221 Rhode Island Providence $321,221 $321,221 South Carolina Columbia $321,221 $321,221 12 fix ° af=Y_ 2008 • Tennessee Nletr_'o olitaMe Kcal ,Res 4;onse S stems • • • • Chattanooga $321,221 � � , �� Total $1,284,884 Knoxville $321,221 Memphis $321,221 Nashville $321,221 Texas Amarillo $321,221 $4,175,873 Arlington $321,221 Austin $321,221 Corpus Christi $321,221 Dallas $321,221 ElPaso $321,221 Fort Worth $321,221 Garland $321,221 Houston $321,221 Irving $321,221 Lubbock $321,221 San Antonio $321,221 Southern Rio Grande $321,221 Utah Salt Lake City $321,221 $321,221 Virginia Arlington County $321,221 $1,927,326 Chesapeake $321,221 Newport News $321,221 Norfolk $321,221 Richmond $321,221 Virginia Beach $321,221 Washington Seattle $321,221 $963,663 Spokane $321,221 Tacoma $321,221 Wisconsin LTotal Madison $321,221 $642,442 ,•. Milwaukee $321,221 $39,831,404 13 FY 2008 CCP Funding Allocations � �,FY20�8CitizenCor Pro ramp CCFun n A P �Ila a - _ ns, ,� , :. • Alabama q-qzqipn $242,636 State/Territory,_• Nevada • $183,210 Alaska $128,987 New Hampshire $147,207 Arizona $291,932 New Jersey $359,560 Arkansas $190,973 New Mexico $166,053 California $1,162,496 New York $665,317 Colorado $249,368 North Carolina $370,368 Connecticut $210,206 North Dakota $127,726 Delaware $134,210 Ohio $439,689 District of Columbia $126,244 Oklahoma $213,519 Florida $635,164 Oregon $217,269 Georgia $384,305 Pennsylvania $467,518 Hawaii $146,272 Rhode Island $139,773 Idaho $152,496 South Carolina $236,293 Illinois $479,613 South Dakota $132,235 Indiana $292,120 Tennessee $286,687 Iowa $195,388 Texas $798,047 Kansas $189,278 Utah $185,514 Kentucky $231,503 Vermont $127,194 Louisiana $232,993 Virginia $331,501 Maine $147,246 Washington $295,668 Maryland $271,175 West Virginia $161,504 Massachusetts $295,130 Wisconsin $270,693 Michigan $399,492 Wyoming $124,358 Minnesota $259,052 Puerto Rico $149,996 Mississippi $193,393 U.S. Virgin Islands $39,556 Missouri $278,668 American Samoa $38,092 Montana $136,893 Guam $41,429 Nebraska $160,424 Northern Mariana Islands $38,867 $14,572,500 14 FY 2008 SHSP Tribal Funding Allocations 3 FYI 20Q$ Sta Homel'andSecu�r y Program (SHSP) T�ba� a IN 'ler�en �" I ° TO be Confederated Tribes of the Colville Reservation Amount $142,500 Gila River Indian Community $180,000 Oneida Tribe of Indians of Wisconsin $91,500 Poarch Band of Creek Indians $70,000 Pueblo de San Ildefonso $86,500 Salt River Pima-Marico a Indian Community $149,000 Seneca Nation of Indians $236,500 The Prairie Island Indian Community $147,000 Tohono O'odham Nation $175,500 Tulalip Tribe $156,500 Wampanoag Tribe of Gay Head $38,000 Yurok Tribe Total00a $172,000 15 FY 2008 NSGP Funding Allocations FY [State/Terr to Arizona 008 Pion AM Sec�re.- CO-' m s Granr, rim UrbanTotal State Phoenix Area $198,800 Tucson Area $225,000 $423,800 California Anaheim/Santa Ana Area $75,000 $4,089,001 Bay Area $1,139,730 Los Angeles/Long Beach Area $2,650,751 San Diego Area $223,520 Colorado Denver Area $55,843 $55,843 Connecticut Bridgeport Area $75,000 $75,000 District of Columbia National Capital Region $733,363 $733,363 Florida Miami Area $450,000 $675,000 Orlando Area $75,000 Tampa Area $150,000 Georgia Atlanta Area $436,676 $436,676 Illinois Chicago Area $1,694,343 $1,694,343 Maryland Baltimore Area $950,228 $950,228 Massachusetts Boston Area $50,566 $50,566 Michigan Detroit Area $74,647 $74,647 Missouri St. Louis Area $75,000 $75,000 New Jersey Jersey City/Newark Area $834,618 $834,618 New York Albany Area $75,000 $4,160,205 New York City Area $4,085,205 North Carolina Charlotte Area $75,000 $75,000 Pennsylvania Philadelphia Area $75,000 $150,000 Pittsburgh Area $75,000 Rhode Island Providence Area $74,391 $74,391 Tennessee Nashville Area $62,118 $62,118 Virginia Norfolk Area $14,888 $14,888 Washington LTotal Seattle Area $295,313 $15,000,000 $295,313 16 FY 2008 OPSG Funding Allocations FAY 20080 a atiotone arden�Gran :Pro 'ram State -Amount Arizona $9,850,000 Californina $7,650,000 Maine $5,110,000 Michigan $6,220,000 Minnesota $3,580,000 Montana $2, 030, 000 New Mexico $4,680,000 New York $4,570,000 North Dakota $480,000 Texas $13, 040, 000 Vermont $270,000 Washington Total $2,520,000 $60,000,0010 17 FY 2008 RCPGP Funding Allocations 'n FY2QQ8,Re Lonal. Gatastro .hicP Non-CompetitiveTier 1 RCPGP Site Amount Bay Area * $6,000,000 Los An eles/Lon Beach Area * $6,000,000 $1,500,000 $13,500,000 Chicago Area ** $6,000,000 $0 $6,000,000 Houston Area ** $6,000,000 $0 $6,000,000 National Capital Region $6,000,000 $5,578,250 $11,578,250 New York City/Northern New JerseyArea $6,000,000 $3,921,750 $9,921,750 Tter ITotal z a :" •.. ' $3"O �000 1 ,:.0 (10410DQ. Tier 2 RCPGP Site Boston Area Non -Competitive Funding Competitive Funding_ $2,000,000 $1,104,931 Amount -- $3,104,931 Honolulu Area $2,000,000 $0 $2,000,000 Norfolk Area $2,000,000 $2,325,000 $4,325,000 Seatle Area $2,000,000 $1,662,569 $3,662,569 * Bay Area and LA/Long Beach Area cooperatively submitted for competitive funding, but each separately receives non-competitive funding. ** The Chicago Area and Houston Area sites did not submit applications for competitive funding. 18 4-T7_;tC4q1n4e)A)7_ I /i I Office of Homeland Security FY08 Grant Assurances (All HSGP Applicants) Name of Applicant: ©F Tol-I 1_, C r (C H Address: 2—Q O Cl�-�� 2(2-4LN State: C, Zip Code: ?Z ( YF Telephone Number: 7lY-S",� 6 - S``/ // Fax Number: 7/'/-? 7 Y-1,(—S7/ E-Mail Address:oA& As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California, Governor's Office of Homeland Security (OHS). 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 5. Will provide progress reports and such other information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via a report in the Grant Reporting Tool (GRT) twice each year. 6. Will initiate and complete the work within the applicable time frame after receipt of approval from OHS. 7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including part 13.1 regarding the payment of interest earned on advances. Page 1 Initi 8. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a significant impact on award -supported activities, including changes to key program staff. 11. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 12. Understands and agrees Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from FEMA. 13. Will comply with all federal statues relating to Civil Rights and Nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G. j. Title 28, CFR, Part 35. k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination. in. The requirements on any other nondiscrimination statute(s) which may apply to the application. n. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. Page 2 Initia S_ _ � o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. p. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 14. Will comply, or has already complied, with the requirements of Titles II and III of the UniforiYr Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property Acquisition f'or Federal and federally -assisted programs. 15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 (ten thousand dollars) or more. 16. Will comply with all applicable Federal, State, and local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. 17. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 ( fifty) years old or more. Any construction related activities initiated prior to full environmental and historic preservation (EHP) review will result in a non-compliance finding. If ground disturbing activities occur during the project implementation, the recipient must ensure monitoring of the ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify OHS/FEMA and the appropriate State Historic Preservation Office, 18. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 19. Will provide any information requested by FEMA/OHS to insure compliance with applicable laws including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains Page 3 (EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental Quality (EO11514). b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. c. Notification of violating facilities pursuant to EO 11738. d. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). e. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). f: Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). g. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. h. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. i. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. j. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. k. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of FEMA/OHS, including but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 (fifty) years old or more. 20. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 21. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant.from FEMA s Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions expressed in this document are those of'the authors and do not necessarily represent the gffciczl position or policies of FEMA s Grant Programs Directorate or the Z.I.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'Horneland Security." 22. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. Page 4 23. Will comply with the Intergovernmental Personnel Act: of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for prograrns funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 24. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 25. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 26. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 27. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 28. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub -agreements. 29. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the Page 5 Initi I _ various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 31. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-] 33, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for federally assisted projects. 33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, Including: a. Pail 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. i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures. j. Part 61, Procedures for Implementing the National Environmental Policy Act. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government -Wide Debarment and Suspension (Non -Procurement). n. Part 69, New Restrictions on Lobbying. o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants). 34. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 35. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 36. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 6 Initi 37. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current US Department of Homeland. Security (DHS) Financial Management Guide. 38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2008 Homeland Security Giant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2008 Homeland Security Grant Program application. Further, use of FY08 funds is limited to those investments included in the California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the peer review process. 39. Acknowledges that FEMA reserves a royalty -free, non exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. the recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 40. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 a. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and Page 7 Initi b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 and certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the 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: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of' tile Rehabilitation Act of 1973, as amended; or Page 8 (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 (f). 43. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 44. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized A�;_ _ 47� — Printed Name of Authorized Agent:_:�vie_ (-----'J 5 6" '"� ---- Title: rp2 --Y/� l Date: Page 9