HomeMy WebLinkAbout10 FY 05 STATE HOMELAND SEC GRANT 08-07-06
AGENDA REPORT
MEETING DATE: AUGUST 7, 2006
TO: WILLIAM HUSTON, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: FY05 STATE HOMELAND SECURITY GRANT
SUMMARY:
The County of Orange, acting through its Sheriff-Coroner Department is the lead agency for the
Orange County Operational Area for Homeland Security. Acting in that capacity, they have
applied for, received and accepted a grant from the State of California Office of Homeland
Security to enhance county-wide emergency preparedness. Terms of the grant require that
certain funds, property or equipment purchased with grant funds be transferred to jurisdictions
within the operational area. The City of Tustin, as a part of the operational area, is entitled to
participate in the grant.
The Police Department proposes to use the FY05 State Homeland Security Grant to purchase
items specified in the grant to enhance the city's emergency preparedness.
RECOMMENDATION:
Authorize transfer from the County of Orange to the City of Tustin the following equipment,
technology or services: MIR3 Automated notification system; Web EOC, IMAP; OC Bomb
Squad Enhancements; establishment of Regional Response Teams; enhance the Terrorism
Early Warning System; assess vulnerabilities and harden targets; establish citizen emergency
preparedness training; Terrorism Liaison Officers equipment and salary reimbursement; Citizen
Corp equipmenUfunds; and integration of NIMS into SEMS.
Authorize the Chief of Police to sign any grant related paperwork on behalf of the City.
FISCAL IMPACT:
None. City to receive and expend previously allocated funds from the grant.
SCOTT M. JORDAN
Chief of Police
AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2005 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this 7TH day of AUGUST 2006, 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 corporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
from the State of California, acting through its Office of Homeland Security, to enhance county-wide
emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that
are attached hereto as Attachments A and B and incorporated herein by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUB GRANTEE as soon
after acquisition by COUNTY as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said
grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
to perform such other grant functions, if any, for which Attachments A and B permit SUBGRANTEE to
expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
2 services acquired with grant funds only for those purposes permitted under the terms of the grant, and
3 shall make it available for mutual aid response.
4 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
5 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
6 equipment as are necessary, in order to keep said equipment in continually good working order. Such
7 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
8 material and labor costs for any maintenance and repair of the said equipment throughout the life of the
9 said equipment.
10 5. SUB GRANTEE shall assume all continuation costs of said equipment, technologies
11 and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
12 technologies and/or services.
13 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
14 shall notify COUNTY of such condition. SUB GRANTEE shall transfer or dispose of grant-funded
15 equipment only in accordance with the instructions of COUNTY.
16 7. SUB GRANTEE agrees to indemnify, defend and save harmless COUNTY and their
17 elected and appointed officials, officers, agents and employees from any and all claims and losses
18 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
19 corporation furnishing or supplying work services, materials or supplies in connection with
20 SUBGRANTEE's performance of this Agreement, including Attachments A and B hereto, and from any
21 and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or
22 damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A and B
23 hereto.
24 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
25 by all applicable provisions of Attachments A and B hereto. SUBGRANTEE shall notify COUNTY
26 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
27 Attachments A and B hereto.
28 II
9. SUB GRANTEE and COUNTY shall be subject to examination and audit by the State
2 Auditor General with respect to this Agreement for a period of three years after final payment
3 hereunder.
4 10. No alteration or variation of the terms of this Agreement shall be valid unless made in
5 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
6 agreement not incorporated herein shall be binding on any of the parties hereto.
7 II. SUB GRANTEE may not assign this Agreement in whole or in part without the express
8 written consent of COUNTY.
9 12. For a period of three years after final payment hereunder or until all claims related to this
10 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
11 documents, papers and records relevant to the work performed or property or equipment acquired in
12 accordance with this Agreement, including Attachments A and B hereto. For the same time period,
13 SUB GRANTEE shall make said documents, papers and records available to COUNTY and the agency
14 from which COUNTY received grant funds or their duly authorized representative(s), for examination,
15 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
16 usual working hours.
17 13. SUBGRANTEE shall provide to COUNTY aU records and information requested by
18 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
19 required to provide to the agency from which COUNTY received grant funds or other persons or
20 agencies.
21 14. COUNTY may terminate this Agreement and be relieved of the payment of any
22 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
23 in this Agreement, including Attachments A and B hereto, at the time and in the matter herein provided,
24 or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with
25 the work in any manner deemed proper by COUNTY.
26 15. SUB GRANTEE and its agents and employees shaU act in an independent capacity in the
27 performance of this Agreement, including Attachments A and B hereto, and shall not be considered
28 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
I IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
2 State of California.
3
4 DATED:
5
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7
8
9
3-15
APPROVED AS TO FORM:
COUNTY COUNSEL
10
11
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13
14
IS
By -J:./?/C Ib a. ~ ~
Nicole A. Sims, Deputy
DATED: Dc 1-. S- ,2005
DATED:
16
17
18
19
20
21
22 By
ATTEST:
, 20ci (.p
By
City Clerk
23
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26
27
DATED:
28
,2005
COUNTY OF ORANGE, a political
subdivision of the State of California
SUB GRANTEE
By:
SCOTT M.
CHIEF OF POLICE
By:
Attachment A to Transfer Agreement
FY05 Homeland Security Grant Program
Application Cover Sheet for Operational Areas (Page 1 of 2)
Applicant (county) County of Orange
Authorized Agent Information:
Contact Information:
2644 SantlaClo Canyon Road
Mailing Address
Catherine Zurn. Captain
NameITitle
Silverado. CA 92676
City, State, Zip Code
17141628.7194
Area Code/Office Telephone Number
czurn@.ocsd.orCl
E-Mail Address
Maximum Amount Authorized (from Appendix A)
$ 7.380.647
SHSP Amount Requested
$ 5.266.673
$ 1.528.844
$ 364.366
~ 220.764
LETPP Amount Requested
EMPG Amount Requested
MMRS Amount Requested
Total Amount Requested (from ISIP)
$7.380.647
Total Equipment Amount Requested for all Programs
From ISIP
$ 4.502.092
From Equipment Worksheet
$ 4.502.092
"
FY 05 Homeland Security Grant Program
FYOS Homeland Security Grant Program
Application Cover Sheet for Operational Areas (page 2 of 7)
Applicant (county) County of Orange
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Statement of Certification - Approval Authority Body - SHSP and LETPP Only
By signing below, I hereby certify that the Operational Area 's application represents the Approval Authority
Eody ~s CQl1JellSu'sol1.th.e OperatianaLAr.ea 'sEY-2005 HamelandSecurity GrantPrfJgr'am needs for the-State-
Homeland Security Program and Law Enforcement Terror!sm Prevention Program.
Position/Designee - J 1 Signat1)r;.t2 ~ Printed Name
County Public Healtb Office~..t- ~ "t7 M@B.Horton
County Fire Chief Chip Prather
Municipal Fire Tim Riley
County Sheriff ael S. Carona
Chief of Police John Welter
Title
Co. Puhllc Health Officer
Co. Fire Authority Chief
Newport Beach Fire Chief
Sheriff-Coroner
Anaheim Police Chief
Statement of Certification - County Authorized Agent - SHSP, LETPP and EMPG Only
By signing below, I hereby certify I am the duly appointed Authorized Agent and have the authority to
apply for the FY Homeland Security Grant Program, and the Operational Area's application
represents t needs r the State Homeland Security Program, Law Enforcement Terrorism Prevention
Program, m g cy Management Performance Grant program.
u orized Agent
Michael S. Carona
Printed Name
Sheriff-Coroner
Title
J-/'/-CJ5
Date
FY05 Homeland Security Grant Program
The federal Department of Homeland Security, through the Office for Domestic
Preparedness, is providing funding to California for emergency prevention, preparedness,
and response personnel to prevent, deter, respond to and recover from threats and
incidents of terrorism. The Fiscal Year 2005 Homeland Security Grant Program (FY05
HSGP) will support three separate programs: the State Homeland Security Program, the
Law Enforcement Terrorism Prevention Program, and the Emergency Management
Performance Grant.
Operational Areas are eligible to apply for this grant. The County of Orange, on behalf
of the Orange County Operational Area, will be applying for a total of$7,159,883
distributed as follows: $5,266,673 for the State Homeland Security Program, $1,528,844
for the Law Enforcement Terrorism Prevention Program, and $364,366 for the
Emergency Management Performance Grant.
As part of the State Homeland Security Grant Program, Operational Areas are required to
appoint an Anti-Terrorism Approval Body to determine the allocation of grant funding.
The Approval Body consists of the Sheriff, the County Public Health Officer, the Chief
of the Fire Authority, a municipal fire chief and a municipal police chief. The Approval
Body has directed that the FY05 State Homeland Security Program funds are to be used
to support the Operational Area in the following areas: fire services 20%; law
enforcement 20%; health care 20%; and 40% is discretionary. This distribution can
change with a 4/5 vote of the Approval Body ifit is determined that their operational
needs are different from the specified percentages. The Sheriff-Coroner will return to the
Board when the grant is awarded with a more detailed breakdown of the distribution of
grant funds. A maximum of2.5% of the grant funds can be used for grant administration
costs.
The $5,266,673 in funding allocated for the State Homeland Security Program will be
used in the following areas:
. Planning - Planning for homeland security and emergency operations.
· Equipment - Purchasing of specialized equipment to enhance the capability of State
and local agencies to prevent, respond to, and mitigate incidents of terrorism
involving the use of chemical, biological, radiological, nuclear, and explosive
(CBRNE) weapons and cyber attacks.
. Training - Costs related to the design, development, and conduct of a State CBRNE
and cyber security training programs and attendance at ODP-sponsored and approved
CBRNE and cyber security training courses.
. Exercise - Costs related to the design, development, conduct, and evaluation of
CBRNE and cyber security exercises.
· Management and Administration - Costs associated with the management of the
SHSP and implementing State Homeland Security Assessments and Strategies
(SHSAS).
The $1,528,844 in funding allocated for the Law Enforcement Terrorism Prevention
Program will be used in the following areas:
· Planning - Planning activities associated with: information sharing; vulnerability
assessments; and, development or review of security plans.
. Organizational Activities - Overtime personnel costs to participate in information,
investigative and intelligence sharing activities specifically related to homeland
security.
. Equipment - Purchasing of specialized equipment to: improve information sharing
and intelligence activities; make vulnerable targets more resistant to attack, removal
or damage; further recognize the potential or development of a threat; enhance
capabilities to prevent domestic terrorism incidents; and, ensure interoperable
communications between and among law enforcement agencies and other emergency
service disciplines.
. Training - Training activities associated with: building information sharing
capabilities; methods of target hardening; improving the skills of security personnel;
recognition of CBRNE threats; surveillance techniques; and other activities.
. Exercise - Exercise activities to plan for, design, develop, conduct and evaluate
exercises that train homeland security preparedness, prevention and response
personnel, evaluate prevention and response plans, policy, procedures and protocols
and assess the readiness of jurisdiction to prevent and respond to terrorist attack.
. Management and Administration - Costs associated with the management of the
LETPP and implementing State Homeland Security Strategy.
The $364,366 in funding allocated for the Emergency Management Performance Grant
will be used in the following areas:
. 50% is allocated to the 34 cities within the operational area. Each city's allocation is
based on population. Each city is required to submit an application to the Operational
Area. As part of the application award, each city is required to have a city
representative attend a minimum of 6 OCEMO meetings, activate their EOC for an
exercise once in the performance period, have a city representative participate in one
OCEMO subcommittee and either activate their city EOC, provide staff to support the
OA EOC or provide staff to another city's EOC.
. 50% is allocated to the Operational Area for Orange County Operational Area
training and EM coordination, OA warning and communication, to promote the
EMPG, coordinate and participate in the Orange County Emergency Managers
Organization monthly meetings, OA readiness and training and exercises.
Budget adjustments related to the grant and authority to transfer grant funds to other
jurisdictions in the Operational Area will be requested after the grant is awarded. The
Sheriff-Coroner requests that the Board authorize the submittal of the grant application as
referenced in the Recommended Actions.
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Audio/Visual U ades for Coun EOC
p. "'eM"iG"'&lb"s...t,,,,....,,,..-ll''''liZi ilrem'" "om'" ,. .." .,.
.i~l..~,...",.,,\... ,iI,.t'\.~!\H.~S;"'.w..,lll".,,~rg.,~JPJ!P.. ."
Communi Education
Citizen Co s/Volunteers" CERT & CMAP
Medical Reserve Co
~'ect'H~'l&lilbUsjj,.t;"-""""""J.IS'"'''';ibr'''o 'el "4i""'M""_'''''''..,,,,,,,,,.'' . ...
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Trainin /Backfill
Command Officer Res onse to Terrorism Trainin
Terrorism Liason Officer Trainin
AWR 160 Trainin
Joint Hazzard Assessment Team Trainin
OCSD" State A roved Trainin
Page 1 of 1
Governing Body Resolution
BE IT RESOLVED BY THE
CITY COUNCIL
(Governing Body)
OF THE
CITY OF TUSTIN
(Name of Applicant)
THAT
SCOTT M. JORDAN, CHIEF OF POLlCE
(Name or Title of Authorized Agent)
. OR
MARK A. HEIN, SERGEANT
(Name or Title of Authorized Agent)
.OR
.OR
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity
established under the laws of the State of California, any actions necessary for the purpose of
obtaining federal financial assistance provided by the federal Department of Homeland Security
and sub-granted through the State of California.
Passed and approved this
day of
,20_
Certification
I,
(Name)
duly appointed and
of the
(Governing Body)
(Title)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the
of the
on the
(Governing Body)
(Name of Applicant)
day of
,20_
(Official Person)
(Signature)
(Date)
Office of Homeland Security
Grant Assurances
Name of Applicant:
CITY OF TUSTIN
Address:
300 CENTENNIAL WAY
Zip Code:
92780
City:
TUSTIN
State: CA
Telephone Number: (14) 5,3-3257
Fax Number:
(714) 730-5134
E-Mail Address:
MHEIN@TUSTINCA.ORG
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.
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs.
3. Will give the federal government, the Comptroller General of the United States, the State of
California, through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards or awarding
agency directives.
4. Will provide progress reports and such other information as may be required by the awarding
agency.
5. Will initiate and complete the work within the applicable time frame after receipt of approval
of the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family,
business or other ties.
7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
S S 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
residence structures.
FY05 Homeland Security Grant Program
8. Will comply with all federal statues relating to nondiscrimination. These include but are not
limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 V.S.C. SS 1681-1683
and 1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. S 794) which
prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 V.S.C. SS 6101-6107) which
prohibits discrimination on the basis 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. SS 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;
h. Title VIII ofthe Civil Rights Act of 1968 (42 V.S.C. S 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing;
1. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute( s) under which
application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
9. Will comply, or has already complied, with the requirements of Titles II and III of the
Vniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (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.
10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
FY05 Homeland Security Grant Program
II. Will comply with environmental standards which may be prescribed pursuant to the
following:
a. institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with EO 11988;
e. assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. SS 1451 et
seq.);
f. 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. S 7401 et seq.);
g. protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of 1973, as
amended, (p.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. SS 1271 et.seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.s.C. 469a-1 et seq).
14. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division I
of Title 2, Section 8607.I(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
15. Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the applicant's application for federal assistance. Will,
after the receipt of federal financial assistance, through the State of California, agree to the
following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. 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 $1 00 per federal fiscal year.
16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A ofOPM's Standards for a Merit
System of Personnel Administration (5 C.P.R. 900, Subpart P).
FY05 Homeland Security Grant Program
17. Will comply with provisions of the Hatch Act (5 V.S.C. Sections 1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with federal funds.
18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
19. 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.
20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 D.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
21. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 D.S.C. Section
276a to 276a-7), the Copeland Act (40 D.S.C. Section 276c and 18 D.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act (40 D.S.C. Sections 327-333), regarding
labor standards for federally assisted construction sub-agreements.
22. 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."
23. 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 sub grants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, D.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.
FY05 Homeland Security Grant Program
24. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under the California Disaster and Civil Defense Master Mutual
Aid Agreement in consultation with representatives of the various fire, emergency
medical, hazardous materials response services, and law enforcement agencies within
the jurisdiction of the applicant.
b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency
Plan, and will be deployed in conformance with that plan.
c. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in
the use of such equipment in a manner consistent with the California Law
Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid
Plan.
25. 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.
26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-87 and A-B3, E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements contained in Title 28,
Code of Federal Regulations, Part 66, that govern the application, acceptance and use of
Federal funds for this federally-assisted project.
27. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements ofthe 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.l, and all other
applicable Federal laws, orders, circulars, or regulations.
28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, NondiscriminationlEqual
Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the
National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
29. 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
(EP A) list of Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EP A Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the EP A.
30. Will comply with Subtitle A, Title II ofthe Americans with Disabilities Act (ADA) 1990.
FY05 Homeland Security Grant Program
31. Will, in the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office of Civil Rights, Office of Justice Programs.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the current edition
of the Office of Justice Programs (OJP) Financial Guide.
34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (p.L. 97-
348) dated October 19,1982 (I6 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
35. 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.
36. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
The undersigned represents that he/she is authorized by the abov amed applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
MARK A. REIN
Title:
SERGEANT
Date: 072' 5 ~ "ro
FY05 Homeland Security Grant Program