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HomeMy WebLinkAboutNEWPORT BEACH, CITY OF 2 -2004 A-2004-176-06 I 2 AGREEMENT TO TRANSFER OR PURCHASE EQUIPMENT OR SERVICES 3 C;PD rj.tt~ Including Services and Technology Specifically Required Under the 4 INTEGRATED LAW AND JUSTICE PROJECT FOR FY04 URBAN AREA SECURITY INITIATIVE (UASI) 5 6 7 8 9 THIS AGREEMENT is entered into this 11i:i.-day oJ~~ . 2005, which date is enumerated for purposes of reference only, by and between the CITY F SANTA ANA, a municipality of the State of California, hereinafter referred to as "CITY", and the CITY OF Newport Beach, acting as Lead Agency for the Orange County Integrated Law and Justice (IL&J) project, hereinafter referred to as "SUBGRANTEE." 10 11 12 WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as the Core City for the Santa Ana Urban Area under the FY04 Urban Area Security Initiative, has applied for, received and accepted a grant entitled "FY04 Urban Area Security Initiative" from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, 13 14 IS 16 17 18 Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the grant," as set forth in the grant guidelines that are attached hereto as Attachment A and incorporated herein by reference. 19 WHEREAS, the terms of the grant require that CITY use certain grant funds to purchase, or reimburse SUB GRANTEE for the procurement of, equipment, technology or services that will be transferred to SUB GRANTEE to be used for grant purposes, including the transfer of technology to Orange County Police Agencies under the Urban Area Security Initiative. 20 21 22 23 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 24 1. Effective January 23, 2004, SUB GRANTEE was designated as the lead agency and grant 25 administrator for the monies allocated by the federal government for the Orange County Integrated Law 26 and Justice Project (ILJ), a countywide effort and multi-phase project to integrate the diverse 27 information systems of all criminal justice agencies in the county pursuant to a COPS MORE grant. 28 These grant monies are held by SUB GRANTEE on behalf of the ILJ Steering Committee. The ILJ I Steering Committee, chaired by Chief of Police Bob McDonell of Newport Beach, makes distribution of 2 these funds and decisions on how they are expended. 3 2. The funds allocated under the COPS Office grant are insufficient to implement the entire 4 IL&J project, thus the Santa Ana and Anaheim Urban Areas will fund the portion of the project that 5 enables data and information sharing, as well as the data analysis and intelligence tools in support of 6 homeland security objectives. In no case will the UASI funds supplant the COPS Office grant funds. 7 3. The ILJ Project Steering Committee seeks to procure services from a responsible vendor 8 to provide a technical and operational solution to enable the justice agencies in the county to share 9 information with each other from their records management systems and related databases, and to 10 provide a set of tools that can be used to analyze the data in those systems across jurisdictional 11 boundaries. This particular and critical phase of the ILJ Project is the "RMS/CMS Information Sharing 12 Project," and is being undertaken by the City of Newport Beach (SUB GRANTEE) on behalf of the 13 justice agencies in Orange County, California. 14 4. The RMS/CMS Information Sharing Project includes the supply of required computer 15 software and hardware as well as integration and implementation services. In an effort to ensure that 16 Orange County law enforcement agencies are able, to the greatest extent possible, prevent, deter and 17 effectively respond to potential acts of terrorism and crime, there are two objectives for the project: 18 a. To enable sharing of data from records management systems (RMS), case management 19 systems (CMS) and related databases across the County. 20 b. To acquire and implement a set of data analysis/intelligence tools in support of enhanced 21 homeland security and crime related investigations. 22 c. The project is structured in two phases. Phase 1 is designed to establish the solution and 23 will enable the sharing of the Court's citation data, five police RMS systems (Newport 24 Beach, Irvine, Garden Grove, Brea, and the new release of the RMS System being 25 implemented to serve the West Covina Consortium consisting of Cypress, Seal Beach 26 and others), and the Orange County Sheriffs Department RMS and LARS (Local Arrest 27 Records System, including their Mug-shot database). Search and analysis tools will be 28 acquired and deployed to allow for the flexible export of data as well as analysis within 2 cillo 1 the provided toolsets. Phase 2 involves the incorporation of the approximately 17 2 additional remaining Police RMS systems and portions of the District Attorney and the 3 Probation CMS systems into the infrastructure. Phase 2 will be contracted on a work 4 order basis as agencies add their RMS system to the integration platform. 5 5. Depending upon the agreement, City may transfer to SUBGRANTEE, or 6 SUBGRANTEE shall purchase, the equipment or services as specified in Attachment B hereto, in 7 accordance with grant guidelines and in full compliance with all of the subgrantee's purchasing and 8 bidding procedures. 9 6. Throughout its useful life, SUB GRANTEE shall use any equipment acquired with grant 10 funds only for grant purposes, and shall make it available for mutual aid response. II 7. SUB GRANTEE shall exercise due care to preserve and safeguard equipment acquired with 12 grant funds from damage or destruction and shall provide regular maintenance and such repairs for said 13 equipment as are necessary, in order to keep said equipment continually in good working order. Such 14 maintenance and servicing shall be the responsibility of sub grantee and other participating criminal 15 justice agencies, who shall assume full responsibility for maintenance and repair of the equipment 16 throughout the life of said equipment.8. If equipment acquired with grant funds becomes obsolete, 17 SUB GRANTEE shall dispose 18 of it only in accordance with the instructions of CITY or the agency from which CITY received the 19 grant funds. 20 9. Upon receipt of an invoice for a purchase of any equipment or services as specified in Attachment B, 21 SUB GRANTEE shall submit the invoice to the CITY as soon as practical, but in no event later than 30 22 days after receiving it. 23 10. SUB GRANTEE understands that the CITY shall have 60 days to reimburse 24 SUB GRANTEE upon receipt of the invoice, or longer if the Office of Homeland Security takes longer 25 to issue payment to the CITY. 26 11. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by 27 all applicable provisions of the Attachments hereto and shall be fully responsible for payment of items 28 purchased that do not adhere to grant guidelines. 3 d? I 12. SUB GRANTEE agrees to indenmify, defend and save harmless CITY and the agency from 2 which CITY received grant funds, and their officers, agents and employees from any and all claims and 3 losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, 4 firm or corporation furnishing or supplying work services, materials or supplies in connection with 5 SUBGRANTEE's performance of this Agreement, including the Attachments hereto, and from any and 6 all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or 7 damaged by SUB GRANTEE in the performance of this Agreement, including the Attachments hereto. 8 13. No alteration or variation of the terms of this Agreement shall be valid unless made in 9 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 10 agreement not incorporated herein shall be binding on any of the parties hereto. 11 14. SUB GRANTEE may not assign this Agreement in whole or in part without the express 12 written consent of CITY. 13 15. For a period of three years after final delivery hereunder or until all claims related to this 14 Agreement are finally settled, whichever is later, SUB GRANTEE shall preserve and maintain all 15 documents, papers and records relevant to the equipment acquired in accordance with this Agreement, 16 including the Attachments hereto. For the same time period, SUB GRANTEE shall make said 17 documents, papers and records available to CITY and the agency from which CITY received 18 Grant funds or their duly authorized representative( s), for examination, copying, or mechanical 19 reproduction on or off the premises of SUB GRANTEE, upon request during usual working hours. 20 16. SUBGRANTEE shall provide to CITY all records and information requested by CITY for 21 inclusion in quarterly reports and such other reports or records as CITY may be required to provide to 22 the agency from which CITY received grant funds or other persons or agencies. 23 17. CITY may terminate this Agreement and be relieved of the delivery of any consideration to 24 SUB GRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this 25 Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY 26 loses funding under the grant. 27 28 4 .t\ 1 18. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 2 performance of this Agreement, including the Attachments hereto, and shall not be considered officers, 3 agents or employees of CITY or of the agency from which CITY received grant funds. 4 19. SUBGRANTEE and its officers, agents, employees shall abide by all applicable federal, 5 State and local laws, including all applicable statutes, regulations, executive orders and ordinances. 6 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Santa Ana, 7 County of Orange, State of California. 8 ATTEST: 9 10 . CITY OF SANTA ANA, a municipal Corporation ofthe State of California ~! !:/" .~jvill(JZ{~-~ David N. Ream' City Manager 11 Patricia E. Healy Clerk of the Council 12 13 RECOMMENDED FOR APPROVAL: 14 By: (, Y~~l~ 15 Paul M. Walters Chief of Police 16 APPROVED AS TO FORM: SUB GRANTEE 17 18 10t~ ::;"p:;~mmffi' Bob McDonell, Chief Newport Beach Police Department 19 20 21 22 23 IA Pula Coleman Assistant City Attorney 24 25 26 27 28 5 ~ Attachment A . Office of Homeland Security at Governor's Office of Emergency Services FY04 Urban Areas Security Initiative (VASI) Grant Guide for Local Governments February 24,2004 Attachment A Table of Contents Foreword: Director's Message to Grant Recipients...................................................................3 Part One - Grant Overview ......................................................................................................... 4 Purpose of this Grant ................. .......... ............................. ................ .......... ....... .......... ........... 4 Eligible Grant Recipients ................. .......... ................... ..... ........ ............... ......... ......... ............ 4 Purpose of this Grant Guide............. ................. ............... .............. ............. ....... ...... ............... 4 Grant Program Differences between FY03 Part II and FY04................................................. 5 Performance Period........ ................. ......... .... ......... .,. ....................... ............ ...:... ..................... 5 Matching Requirements ................ ............. ... ... ............. .................... .......... ............................ 5 Allocations and Methodologies - Overview ...........................................................................6 Urban Area Allocations ........ .... ...... .............. ..... ............ ............ ... .... ...... ....... ........... ..... ......... 7 Transit Agency Allocations. ................................. ........ ............. ................. .............. .... ..... ..... 7 Grant Recipient Responsibilities............................................................................................. 8 Applicable Laws, Regulations and Guidance Documents.................................................... 10 National Incident Management System and Incident Command System............................. 10 Due Dates for Grant Documents and Work Completion...................................................... 11 Contact Information.................................................................... .......................................... 11 Part Two - Program Specific Information ................................................................................12 Program Overview.......... ...... ................... ................ .......... ... ............ ....... ................ ............. 12 Defmition of Core City and Core County.............................................................................12 Points of Contact................................................................................................................... 12 Defmition of Urban Area ..................... ............ ........... ....... ........ .................... .......... ............. 13 Description of Transit Agency.... ............. ... ................ .................. ........... ........... .... .............. 13 Urban Area Working Group ................................................................................................. 13 Urban Areas Approval Authority Body................................................................................13 Transit Agency Coordination with Urban Area Working Group ......................................... 14 New Urban Areas - Assessment and Strategy ...................................................................... 14 Transit Agencies - Assessment and Plan .............................................................................. 15 Urban Areas Allocation of Funds ......................................................................................... 16 Transit Agencies Allocation of Funds .................................................................................. 16 Eligible Costs and Activities - Overview.............................................................................. 17 Eligible Planning Activities.... ....... ........ ........... ........ ........... ............. ...... ..... ......................... 18 Eligible Planning Costs...... ....... ......... ....... ........ ........... ............... ....... .......... ......................... 19 Eligible Equipment Activities and Costs ..............................................................................20 Eligible Training Activities. ........................ ......... ........................... ............ ....................... ... 21 Training Target Audience and Subjects................................................................................23 Approval and Reporting ofNon-ODP Sponsored Training ................................................. 23 Eligible Exercise Activities... ... .......... .......... .......... ....................... .............. .............. ........ .... 24 Eligible Exercise Costs ......... .... ........... .................. ........................... ........... ............ ......... .... 25 Exercise After Action Reports ...... .... .............. ....... ............................ ............ ....... ............. ... 26 Exercise Models, Simulations and Games............................................................................26 Eligible Management and Administration Activities ........................................................... 26 Eligible Management and Administration Costs .................................................................. 27 Unauthorized Activities and Costs............... .......... ........ ............. ....... ........... ... ... ......... ......... 28 FY04 Urban Areas Security Initiative Page 1 Attachment A Table of Contents, continued Part Three - Application Requirements and Process ................................................................ 29 Application Components ....... .................... ...... ............ ...... ................. ..... ................. ....... ..... 29 Mailing Address.. ........ ............. ....... ... .................................... .... ....... ...................... .............. 29 Application Cover Sheet ............. .............. .............................. ..................... ............. ......... ... 29 Project Narrative and Budget Worksheet .............................................................................30 Eligible Projects.. .................... ................... .......................................... ...... ......... ....... ........... 30 Goveming Body Resolution ....... ......... ....... ............. ........ .... ............. ..... ............... ......... ....... 31 Grant Assurances .... ......... .................... ................. ........... ........... ................. ... ...... ......... ....... 31 Funding Distribution by Jurisdiction....... ....... ....... .... ...... ....... ............... ..... ............ ..... ......... 31 Application Due Date ...... .... ..... .... ....... ....... ........ ............. .................... .................. .... ........ ... 31 Application Assistance.......................................................................................................... 31 Application Approval..... ..... ........ .... ....... ......... ........... ... ............. .......... ............... ......... ......... 32 Conditional Approvals. ........... ............. ....... ............. ....... .... ............................ ................ ...... 32 Part Four - Performance Period Activities................................................................................33 Reimbursement of Eligible Costs ......................................................................................... 33 Duplication of Benefits ......... ................. ..... .... ..... .... ......... ........... ........... ......... ... ..... ............. 33 Changes to Scope of Work or Budget...................................................................................33 Performance Reports............................................................................................................. 34 Interest Eamings .. ........ ........ ... ............... ... ......... ........................... ....... ......... .... .............. ...... 34 Procurement Requirements... ..... ........ ....... .... ..... ........................ ........ ... ...................... .......... 35 Monitoring Grant Performance ................... .... ..... ............. ........... .......... ........................... .... 35 Record Retention Requirements .....,..... ......... .......... ..... ........................... ............ ..... ............ 35 Accessibility of Records ... ............ ............ .... ... ........................ ....... ... ....................... .... ........ 35 Freedom of Information Act (FOIA) ... .......... .... ......................... .... ... ............. ..... ........... ...... 36 Suspension or Termination. ...................... ....... .................. ............. ......... ..... ... ...... ............... 37 Part Five - Grant Closeout ........................................................................................................38 Notification of Grant Completion... ........ ......... ........................................ ............. ................ 38 Closeout Review and Notification... .................. .................... .................. '" ........ .... ........ ...... 38 Financial Reconciliation of Grant Funds ..... ...................... .......... .... ... ................ ......... ......... 38 Audit Requirements.. ...... ......... ...... ........ ...... .................. .... .................. ............... .... .............. 38 Appendix A - Authorized Equipment List................................................................................39 Appendix B - Training Classes and Approval Process............................................................. 57 Appendix C - Development of Interoperable Communications Plans...................................... 60 Appendix D - Letter Regarding Submission of Equal Employment Opportunity Plan............ 63 Appendix E - Grant Forms........................................................................................................66 Appendix F - State Homeland Security Strategy - DRAFT ..................................................... 80 Appendix G - Abbreviations and Acronyms ............................................................................82 FY04 Urban Areas Security Initiative Page 2 Attachment A Foreword: Director's Message to Grant Recipients Following on the heels of a successful 2003 in which the Califomia Office of Homeland Security distributed more than $226 million in federal homeland security funds to our state's first responders, we are pleased to release the FY 04 Urban Area Security Initiative grant program. Last year's UASI grant funded five urban cities in Califomia for a total of $62 million. Recognizing that a highly populated state like Califomia has a number of urban areas, the federal Department of Homeland Security doubled to ten the number of cities selected for this year's UASI program. Better still, the amount of total funding awarded to the ten select cities has more than doubled to $135.25 million. This increase in the cities selected and the funding provided allows the state to address the unique equipment, training, planning and exercise needs of large, high-threat urban areas. Similar to last year's UASI program, activities must involve coordination by the identified core city, core county, and the California Office of Homeland Security. Like last year, in an effort to ensure that each Urban Area has as much resources as possible to address the needs and priorities identified in the Urban Area assessment and strategy, the state is declining its option of retaining 20% of the funding. As was the case last year, it is expected that this 20% will be used for the benefit of the Urban Area as a whole. In addition to the funding provided to the ten Urban Areas, the FY 04 UASI program also includes more than $5 million in funding for six mass transit authorities identified by federal DHS. This funding is provided to enhance the security and improve the preparedness of these selected mass transit authorities. OHS is releasing this Grant Guide for Local Govermnents to fully explain the grant application and performance process. In addition to this Guide, should you need further assistance we have dedicated staff at the Office of Emergency Services who will be available to provide guidance. You can reach OES' Grant Management Section at (916) 845-8110, or send an e-mail to Grant.Management@oes.ca.gov. I look forward to working with you on this and other grants. Through our combined efforts, local first responders will be better prepared to prevent and respond to the threat of terrorism. RONALD L. IDEN Director California Office of Homeland Security FY04 Urban Areas Security Initiative Page 3 Attachment A Part One. Grant Overview Purp()se oHbis Grant Eligible Grant Recipients Purpose of this Grant Guide The federal Department of Homeland Security (DHS) has provided funding to California's Office of Homeland Security (OHS) through the Fiscal Year 2004 Urban Areas Security Initiative (FY04 UASI). This grant provides funds to: · address the unique planning, equipment, training and exercise needs of large urban areas; · assist urban areas in building an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism; and, · assist identified mass transit authorities in the protection of critical infrastructure and emergency preparedness activities. The following 10 urban areas (core cities) and six transit agencies are eligible to apply for this grant: Urban Areas 1. Los Angeles 2. San Francisco 3. Santa Ana 4. Long Beach 5. San Diego 6. Anaheim 7. San Jose 8. Sacramento 9. Oakland 10. Fresno Transit Al!encies I. Los Angeles Metrolink 2. San Francisco Bay Area Rapid Transit District (BART) 3. San Francisco Caltrain 4. San Jose Altamont Commuter Express (ACE) 5. Los Angeles County Metropolitan Transportation Authority 6. San Diego Coaster This Grant Guide will provide grant recipients, and any designated agencies, with guidance and forms to apply for, perform and closeout the FY04 UASI grant. This Guide specifies the performance period, allocations, eligible activities and other grant related information and requirements. Continued on next page FY04 Urban Areas Security Initiative Page 4 Attachment A Part One - Grant Overview, Continued Grant Program Differences between FY03 Part II and FY04 Performance Period Matching Requirements The major program differences between the FY03 UASI Part II and FY04 UASI programs are as follows: . The FY04 allocation to the state is almost double that of the FY03 Part II allocation. . Five new urban areas and six transit agencies have been added to the FY04 program. . Eligible planning activities have been expanded. . Eligible equipment within existing categories has been expanded, and new categories have been added. . Non-Office for Domestic Preparedness (ODP) sponsored training courses may be eligible for reimbursement. . Funds must be tied to measurable projects in support of the state or urban area strategy, or the Transit Security Emergency Preparedness Plan. The performance period for FY04 UASI is 24 months from the federal award date; however, that date was not known at the time this Guide was published. The performance period will be identified in the Notification of Grant Application Approva/letter. The state will allow grant recipients the maximum performance period allowed by ODP. Therefore, requests for time extension cannot be granted by the state unless the state receives an extension from ODP. There are no cost-share or match requirements for this grant. Continued on next page Page 5 FY04 Urban Areas Security Initiative Attachment A Part One - Grant Overview, Continued Allocations and Methodologies - Overview Califomia has been allocated $141,672,927 for FY04 UASI, and is required to subgrant at least 80% of the funds, or $113,338,342, to urban areas and transit agencies. Like the FY 03 UASI Part II grant, however, in an effort to ensure that each urban area has as much resources as possible to address the needs and priorities identified in the urban area assessment and strategy, the state is declining its option of retaining 20% of the UASI and mass transit funding. As was the case last year, at least with regard to the UASI grants, it is expected that the state's 20% portion will be distributed so as to benefit the urban area as a whole. When submitting this application, all grant recipients are requested to provide a breakdown of the funding distribution by jurisdiction. The federal Department of Homeland Security determined the allocations for each of California's urban areas by using a formula based upon a combination of current threat estimates, critical assets within the urban area and population density. The formula was a weighted linear combination of each factor, the result of which was ranked and used to calculate the proportional allocation of resources. Mass transit systems eligible for participation in the FY04 UASI program were identified using a formula based upon ridership and total route miles. Only heavy rail and commuter rail systems were included. At the discretion of each grant recipient, funds may be distributed between eligible categories (planning, equipment, training, exercises, management and administration); however, no more than 3% of the total allocation to each grant recipient may be used for management and administration costs. The state is prohibited from retaining any of the $113,338,342 unless requested, in writing, from the urban area or transit agency. If requested, the state may retain some or all of the urban area or transit agency allocation for purchases made by the state on behalf of the urban area or transit agency. In this situation, the state and urban area or transit agency must enter into a Memorandum of Understanding (MOU) specifying the amount of funds to be retained by the state. Continued on next page FY04 Urban Areas Security Initiative Page 6 Attachment A Part One - Grant Overview, Continued Urban Area Allocations Urban areas allocations are: Urban Area Allocation I Los Anl!eles* $28.101,720 2 San Francisco* $26.325 036 3 Santa Ana $14,969 683 4 Lonl! Beach* $12.064,488 5 San Diel!o* $10,418,116 6 Anaheim $10,284 651 7 San Jose $9,923,545 8 Sacramento* $7,977,579 9 Oakland $7,808,348 10 Fresno $7,034 646 Total $134,907.812 * These urban areas were also included in the FY 03 UASI Part II grant. Transit Agency Transit agencies allocations are: Allocations Transit Aeencv Allocation I Los Anl!eles Metrolink $1,971,111 2 San Francisco Bav Area Rapid Transit District $1 612884 3 San Francisco Caltrain $795 280 4 San Jose Altamont Commuter EXPress (ACE) $795,280 5 Los Angeles County Metropolitan Transportation $795,280 Authority 6 San Diel!o Coaster $795 280 Total $6 795 115 Continued on next page FY04 Urban Areas Security Initiative Page 7 Attachment A Part One - Grant Overview, Continued Grant Following are grant recipient responsibilities: Recipient Responsibilities 1. Submit a grant application package to the state by Apri124, 2004. 2. New urban areas must: a. establish an Urban Area Working Group (UA WG); b. conduct an urban area assessment (previously collected assessment data from the 2003 State Homeland Security Assessment and Strategy program may be used); and, c. develop and submit an Urban Area Homeland Security Strategy. 3. Transit agencies must: a. conduct a Transit System Threat and Vulnerability Assessment (if not already completed); and, b. develop a Transit Security and Emergency Preparedness Plan (if a current one does not exist). 4. Comply with all assurances and certifications contained in the Grant Assurances. 5. Ifrequired, submit an Equal Employment Opportunity Plan (EEOP) to the Department of Justice's Office of Civil Rights (OCR) in accordance with the OCR letter dated July 29,2002 (Appendix D), with a copy of the cover letter to OES. Grant recipients are also responsible for ensuring that any jurisdictions receiving funds from them must also comply with EEOP requirements. 6. Conduct threat- and performance-based exercises in accordance with ODP's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Once an exercise paid for with grant funds has been scheduled, grant recipients must notifY the California Military Department (CMD) of the date, time and location of the exercise. Such notice can be made by calling Major Louis Millikan at (916) 826-6399 or via e-mail to louis.millikan(alca.ngb.armv.mil. On behalf of OHS, the CMD will maintain a web-based master schedule of all exercises occurring throughout the state to increase communication and coordination of all exercises. 7. Prepare After Action Reports (AARs) and Corrective Action Plans (CAPs) for each exercise conducted with ODP support (grant funds or direct support). These reports must be submitted to CMD within 45 days following completion of an exercise. Continued on next page FY04 Urban Areas Security Initiative Page 8 Attachment A Part One - Grant Overview, Continued Grant Recipient Responsibilities, continued 8. Prepare performance reports for the duration of the performance period, or until all work is completed, whichever comes first. Further reporting details are included in Part Four - Performance Period Activities - Performance Reports. 9. Establish and maintain property, programmatic and financial records in accordance with the grant record requirements, and: a. Maintain financial management systems that support grant activities in accordance with Title 28, Code of Federal Regulations (CFR), Part 66.20, and DOJ Financial Guide, Part II, Chapter 3. b. Maintain an equipment tracking system that includes the components identified in 28 CFR Parts 66.32 and 66.33, and DOJ Financial Guide Part III, Chapter 6. c. Retain records in accordance with retention requirement contained in Part Four - Performance Period Activities - Record Retention Requirements. 10. Notify the state, in writing, within 30 days of completing all approved scopes of work and disbursing all funds. II. If changes are required after the initial grant award, submit revision requests to the state orior to incurring the associated expenditures. Further details are included in Part Four - Performance Period Activities - Changes to Scope of Work or Budget. 12. Remit unexpended funds to the state after all work has been completed and payments have been disbursed. 13. Comply with the audit requirements contained in Office of Management and Budget (OMB) Circular A-B3, and 28 CFR Part 66.26. Continued on next page Page 9 FY04 Urban Areas Security Initiative Attachment A Part One - Grant Overview, Continued Applicable Laws, Regulations and Guidance Documents National Incident Management System and Incident Command System Urban areas and transit agencies must ensure that local and intemal departments are aware of the following laws, regulations and guidance documents that apply to this grant: · U.S.A Patriot Act, Public Laws 108-7 and 108-11 · Office of Management and Budget (OMB) Circulars A-87, A-102, A-B3 htto:/ /www.whitehouse.gov/omb/circulars/index.html · Title 28, Code of Federal Regulations htto:/ /www.access.goo.gov/nara/cfr/cfr-table-search.html#oage I . DOJ OJP Office of the Comptroller, Financial Guide www.oio.usdoi.gov/oc · ODP WMD Training Course Catalogue htto://www.oio.usdoi.gov/odo . DOJ Office for Civil Rights www.oio.usdoi.gov/ocr · Federal Freedom of Information Act (5 U.S.C. Sect. 552) http://www. usdoi. gOV /04 foia/ · Califomia Public Records Act · P.L. 107-296, the Homeland Security Act of2002 · California's Grant Guide for Local Government www.oes.ca.gov Grant recipients should begin utilizing the National Incident Management System (NIMS) concepts, principles, terminology, and technologies, as they are made available by DHS. Beginning in FY 2005, adoption ofNlMS will be a federal requirement for receipt of future Homeland Security grant funds. Additionally,jurisdictions and agencies should institutionalize the use of the Incident Command System (ICS) as taught by ODP, or the National Fire Academy, across their entire response system by the end of the two-year performance period. Continued on next page FY04 Urban Areas Security Initiative Page 10 Attachment A Part One. Grant Overview, Continued Due Dates for The grant due dates are: Grant Documeuts and Work Completion Due Date January 31, 2004 A ril 24 2004 60 days from date on the Application A rovalletter July 15* January 15* End of performance period as noted in Application A rovalletter Activi New urban areas must submit an Urban Area Homeland Security Strategy to ODP. Submit the com leted a lication to the state. Submit Equal Employment Opportunity Plan, if required, to the Department of Justice, Office of Civil Rights, with a copy of the cover letter to the state. For the duration of the performance period or until all grant activities are completed and the grant is formally closed, a performance report is due to the state by Julv 15 for the period covering Januarv I through June 30 (or any partial ortion of this eriod. For the duration of the performance period or until all grant activities are completed and the grant is formally closed, a performance report is due to the state by J anuarv 15 for the period covering Julv 1 through December 31 (or any partial ortion of this eriod. All grant activities mnst be completed and all funds disbursed. * A performance report template, with instructions, will be distributed to each grant recipient prior to the deadline for any required performance report. Contact Information For technical assistance throughout the application and grant performance process, call OES' Grant Management Section at (916) 845-8110, or send an e-mail toGrant.Managementlaloes.ca.gov . FY04 Urban Areas Security Initiative Page 11 Attachment A Part Two - Program Specific Information Program Overview Definition of Core City and Core County Points of Contact The FY04 UASI program provides financial assistance to address the unique planning, equipment, training, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism. This program also provides funding to specific mass transit authorities to address security needs at these high risk critical infrastructure facilities and to promote comprehensive regional planning and coordination. . Urban areas must: · allocate all funding in support of goals and objectives identified in their Urban Area Homeland Security Strategy or the State Homeland Security Strategy; and, . take a regional metropolitan area approach to the development aild implementation of this program by involving core cities, core counties, contiguous jurisdictions and mutual aid partners. Additionally, urban areas are encouraged to employ regional approaches to planning and preparedness and to adopt regional response structures whenever appropriate to meet the needs identified in the assessments and the urban area strategy. It is ODP's intent to steer urban area security and preparedness efforts toward a project-oriented process to address common, measurable objectives. Mass transit authorities must allocate all funding in support of their Transit Security and Emergency Preparedness Plan developed through this program. Allowable activities for both the urban areas and the mass transit authorities can complement the FY04 Homeland Security Grant Program (HSGP). More information on FY04 HSGP can be found on the OES webpage. The core city is defined as the 10 cities to which urban area funds are allocated. The core county is defined as the county within which the core city is geographically located. Points of Contact (POC) must be identified for each transit agency, and each urban area's core city and associated core county. Continued on next page FY04 Urban Areas Security Initiative Page 12 Attachment A Part Two. Program Specific Information, Continued Definition of Urban Area Description of Transit Agency Urban Area Working Group Urban Areas Approval Authority Body The state, in coordination with the urban area core city POC and the core county POC(s), must fully define the urban area as it will apply to the FY04 UASI program. Specifically, the geographical borders of what constitutes the urban area, including any possible contignous jurisdictions and mutual aid partners, must be drawn and all participating jurisdictions within the border identified. The definition of the urban area is limited to jurisdictions contiguous to the core city and county, or with which the core city or county have established formal mutual aid agreements. Each transit agency m.ust describe its operating system, including the location, infrastructure, miles oftracks, numbers of vehicles, types of service, ridership and other important features. The agency must also provide a map and description of the geographical borders of its system and identify the cities and counties served. Each urban area must have an Urban Area Working Group (VA WG). The state, in coordination with the core city and core county POCs, will work through the Mayors/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the UA WG. The UA WG will be responsible for coordinating development and implementation of all initiative elements, including the urban area strategy development, the methodology for the allocation of funds (in coordination with the state), and any direct services that are delivered by ODP. ODP strongly encourages that, wherever possible, previously established local working groups are leveraged for this purpose. OHS strongly recommends that the urban areas create an Approval Authority Body, in addition to the mandatory UA WG. The membership composition of this Body, however, is at the joint discretion of the core city and core county. If established, this Body should make all final determinations on any urban area funding allocations. Continued on next page Page 13 FY04 Urban Areas Security Initiative Attachment A Part Two. Program Specific Information, Continued Transit Agency Coordination with Urban Area Working Group New Urban Areas - Assessment and Strategy Transit agencies located in urban areas that receive FY04 UASI grant program funds must coordinate their emergency plans with the UA WG. A copy of the transit agency's grant program proposal and budget plan should be shared with the UA WG. Any training or exercises conducted with FY04 UASI Transit System Program funds should also be coordinated with the UA WG. Sharing of information and coordination of activities is expected to continue, at a minimum, throughout the performance period for this program. NOTE: The transit agency must provide written concurrence that coordination with the UA WG has occurred. New urban areas must: · Conduct an Urban Area Assessment. Newly identified urban areas receiving funding under this program may use previously collected assessment data from the 2003 State Homeland Security Assessment and Strategy (SHSAS) program, which in turn will guide development of an Urban Area Homeland Security Strategy. · Develop an Urban Area Homeland Security Strategy. Newly identified urban areas receiving funding under this program must develop a comprehensive Urban Area Homeland Security Strategy. This strategy must be developed jointly by all units of local government defmed as the urban area and meet the requirements for a validated Urban Area Homeland Security Strategy as outlined in ODP's Urban Areas Security Initiative Administrator Handbook, which can be found at http://www.shsasresources.com. Note: Receipt of all funds is contingent upon submission of a validated Urban Area Assessment and a validated Urban Area Homeland Security Strategy. The Urban Area Homeland Security Strategies for the new urban areas were due to ODP by January 31, 2004. Continued on next page FY04 Urban Areas Security Initiative Page 14 Attachment A Part Two. Program Specific Information, Continued Transit Agencies - Assessment and Plan Transit agencies must: . Conduct a Transit System Threat and Vulnerability Assessment. If not already completed, each transit agency will be required to conduct a threat and vulnerability assessment (TV A) which includes requirements outlined in The Public Transportation System Security and Emergency Guide, Chapter 5, published by the U.S. Department of Transportation's Federal Transit Administration (FTA), and available at: htto:/ /transit-safetv. volpe.dot. gOV IPublications/securitvlPlanningGuide. odf For purposes of this grant, transit agencies may use the recently completed Security Readiness Assessment conducted by the FTA. Transit agencies may also use the vulnerability assessments that were completed during the previous round ofUASI Transit System Security Grants. These assessments must be available for federal and state homeland security officials to review upon request. As part of the UASI Program, ODP is making available technical assistance to mass transit agency headquarters for enhancing their capacity and preparedness to respond to weapons of mass destruction (WMD) terrorism. This technical assistance includes provision of a project team that can support the agency on-site in the implementation of a needs assessment process. The overall needs assessment process is used to identify and prioritize mass transit agency needs, according to risk, security, and response capability. The process involves three primary components, as follows: I. Risk Assessment. 2. Response Capabilities Assessment. 3. Needs Assessment. The process will result in two products: I. Prioritization of security countermeasures and emergency response capability needs based on terrorist threat and risk. 2. Development of a roadmap for future transit agency funding allocations for terrorist attack risk reduction. Continued on next page Page 15 FY04 Urban Areas Security Initiative Attachment A Part Two - Program Specific Information, Continued Transit Agencies - Assessment and Plan, continued Urban Areas Allocation of Funds Transit Agencies Allocation of Funds · Develop a Transit Security and Emergency Preparedness Plan. The transit agency must have a current (updated within the past year) comprehensive plan that provides written policies and procedures to guide the transit agency's activities for homeland security and emergency preparedness. The Emergency Preparedness Plan must demonstrate that the security program is an integrated one, and has been coordinated with other agencies, including the UA WG (for those transit systems located in urban areas that were recipients ofUASI funds). This plan must be available for federal and state homeland security officials to review upon request. Urban areas must utilize their Urban Area Homeland Security Strategy as the basis for allocating funds to address the prioritized needs, outlined in the strategy's goals and objectives, in enhancing and refining the urban area's preparedness efforts. There must be a clear correlation between the issues identified in the Urban Area Homeland Security Strategy and FY04 VASI activities. As stated above, when submitting the application, urban areas are requested to provide a breakdown of the funding distribution by jurisdiction. NOTE: At a minimum, the core city and core county, as members of the UA WG, must provide written concurrence on the allocation of funds provided through the FY04 UASI. Transit agencies' allocation of funds must be based upon their Emergency Preparedness Plan. Continued on next page FY04 Urban Areas Security Initiative Page 16 Attachment A Part Two. Program Specific Information, Continued Eligible Costs and Activities - Overview Eligible costs and activities for urban areas and transit activities are classified into five categories: 1. Planning 2. Equipment acquisitions 3. Training 4. Exercise 5. Management and administrative (M&A). NOTE: Other than a 3% cap on M&A funds, there are no restrictions on allocation of funds across these categories. Urban areas must allocate all funding in support of projects related to the goals and objectives identified in their Urban Area Homeland Security Strategy and the State Homeland Security Strategy. Mass transit authorities must allocate all funding in support of projects related to their Transit Security and Emergency Preparedness Plans developed through this program. Funding for mass transit systems is intended to address security needs at these high-risk critical infrastructure facilities and to promote comprehensive regional planning and coordination. Continued on next page FY04 Urban Areas Security Initiative Page 17 Attachment A Part Two - Program Specific Information, Continued Eligible Planning Activities Eligible planning activities include: · Establishment or enhancement of mutual aid agreements. . Development or enhancement of emergency operations plans and operating procedures. · Development of terrorism prevention/deterrence plans. · Development or enhancement of response and recovery plans. · Development or enhancement of cyber security plans. · Development or enhancement of cyber risk mitigation plans. · Development of communications and interoperability protocols and solutions. · Coordination of citizen and family preparedness plans and programs, including donations programs and volunteer initiatives. · Conducting point vulnerability assessments at critical infrastructure and development of remediation/security plans. · Conducting cyber risk and vulnerability assessments. · Development or enhancement of continuity of operations and continuity of government plans. . · Conferences to facilitate eligible planning activities, including local or regional program implementation meetings. Continued on next page FY04 Urban Areas Security Initiative Page 18 Attachment A Part Two. Program Specific Information, Continued Eligible Eligible planning costs include: Planning Costs . Regular time, overtime, Compensating Time Off (CTO) and fringe benefits for current or newly hired full- or part-time staff to support eligible planning activities. - Payment of salaries and fringe benefits must be in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. - Payment of overtime expenses will be for work performed by the grant recipient in excess ofthe established work week, usually 40 hours. Overtime payments are allowed only to the extent the payment for such services is in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. In no case is dual compensation allowable. That is, an employee of a grant recipient may not receive compensation from their unit or agency of government AND from an award for a single period oftime (Le., 1:00 pm - 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation. - CTO eamed while performing eligible activities must be cashed-out or taken before the end of the performance period. - NOTE: Grant funds are not for the purposes of hiring public safety personnel. . The cost of contractors/consultants hired to support eligible activities. - Contracts must be executed in accordance with the grant recipient's formal written procurement policy, and must comply with federal and state requirements. . Conference, workshop and meeting related expenses to support eligible activities, including rental of spacellocations, badges and facilitation costs. For a complete list of allowable meeting-related expenses, please review the OJP Office of the Comptroller (OC) Financial Guide at htto://www.ojo.usdoi.govlFinGuide. . Materials and supplies required, expended or consumed to support eligible activities. . Travel costs (i.e., airfare, mileage, per diem, hotel, etc) for employees who are on travel status for official business to support eligible activities. These costs must be in accordance with the grant recipient's approved travel policy. Continued on next page FY04 Urban Areas Security Initiative Page 19 Attachment A Part Two - Program Specific Information, Continued Eligible Equipment Activities and Costs Eligible equipment activities and costs include purchasing the following types of equipment and related costs: I. Personal Protective Equipment (PPE) 2. Explosive Device Mitigation and Remediation Equipment 3. CBRNE Search and Rescue Equipment 4. Interoperable Communications Equipment 5. Detection Equipment 6. Decontamination Equipment 7. Physical Security Enhancement Equipment 8. Terrorism Incident Prevention Equipment 9. CBRNE Logistical Support Equipment 10. CBRNE Incident Response Vehicles 11. Medical Supplies and Limited Types of Pharmaceuticals 12. CBRNE Reference Materials 13. Agricultural Terrorism Prevention, Response and Mitigation Equipment 14. CBRNE Response Watercraft 15. CBRNE Aviation Equipment 16. Cyber Security Enhancement Equipment 17. Intervention Equipment 18. Other Authorized Equipment and Related Costs A complete list of authorized equipment purchases and other related costs can be found in Appendix A, Authorized Equipment List. If grant recipients have questions about the eligibility of equipment not specifically addressed in Appendix A, contact OES' Grant Management Section at (916) 845-8110 or grant.management(aloes.ca.fl:ov . All equipment acquired or maintain under this grant program must be made available for mutual aid, as set forth in the Grant Assurances. Sustainment, maintenance and training in the use of equipment procured using these grant funds should be addressed in the urban area homeland security strategy. Continued on next page FY04 Urban Areas Security Initiative Page 20 Attachment A Part Two. Program Specific Information, Continued Eligible Training Activities Eligible training activities include: . Establishment of CBRNE and cyber security training programs within existing training academies, universities or junior colleges. . Attendance at ODP-sponsored and/or approved CBRNE and cyber security training courses. . Backfill behind employees attending ODP-sponsored or approved courses. . Planning and conducting training workshops, conferences and training projects. . Training plan development. . Design, develop, conduct and evaluate CBRNE training. Continued on next page FY04 Urban Areas Security Initiative Page 21 Attachment A Part Two - Program Specific Information, Continued Eligible Eligible training costs include: Training Costs . Overtime, OT CTO and OT fringe benefits for emergency preparedness and response personnel attending ODP-sponsored or ODP approved training classes. - Payment of overtime expenses will be for work perfonned by the grant recipient in excess of the established work week, usually 40 hours. Overtime payments are allowed only to the extent the payment for sucb services is in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. In no case is dual compensation allowable. That is, an employee of a grant recipient may not receive compensation from their unit or agency of government AND from an award for a single period of time (i.e., I :00 pm - 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation. CTO earned while perfonning eligible activities must be cashed-out or taken before the end of the perfonnance period. . Backfill behind those attending ODP-sponsored or ODP approved training classes. . Regular time, overtime, CTO and fringe benefits for current or newly hired full- or part-time staff to support eligible training activities. Payment of salaries and fringe benefits must be in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations.. - See the overtime, OT CTO and OT fringe benefit infonnation listed above. . The cost of contractors/consultants hired to support eligible activities. Contracts must be executed in accordance with the grant recipient's fonnal written procurement policy, and must comply with federal and state requirements. . Conference, workshop and meeting related expenses to support eligible activities, including rental of space/locations, badges and facilitation costs. For a complete list of allowable meeting-related expenses, please review the OJP Office of the Comptroller (OC) Financial Guide at http://www.oip. usdoi. gov/FinGuide. · Materials and supplies required, expended or consumed during the course of conducting eligible activities (i.e., copying paper, gloves, tape and non-sterile masks). . Travel costs (i.e., airfare, mileage, per diem, hotel, etc) for employees who are on travel status for official business related to conducting eligible activities, or for attending ODP-sponsored or ODP approved courses. These costs must be in accordance with the grant recipient's approved travel policy. Continued on next page FY04 Urban Areas Security Initiative Page 22 Attachment A Part Two - Program Specific Information, Continued Training Target Audience and Subjects Approval and Reporting of Non-ODP Sponsored Training The target audience for training courses funded must be emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: . firefighting . law enforcement . emergency management . hazardous materials . public works . public health . health care . emergency medical services . public safety communications . governmental administrative . cyber security . private security providers Awareness training for citizen preparedness is also allowable. See Appendix B, Training Classes and Approval Process, for ODP awareness and performance level courses that grant recipients are encouraged to adopt, and recommended subjects for other eligible courses. Grant recipients who wish to use grant funds to support attendance at and/or development ofnon-ODP sponsored training, must receive approval from the state prior to using funds for non-ODP sponsored training. See Appendix B, Training Classes and Approval Process, for the process to obtain approval of non-ODP sponsored training. Grant recipient using these funds to develop their own courses should address the critical training areas and gaps identified in the Urban Area Homeland Security Strategy or the Transit Security and Emergency Preparedness Plan. Grant recipients using funds to develop courses or to attend non-ODP courses will be required to report the number of individuals trained, by discipline and course level, in their performance reports. Continued on next page Page 23 FY04 Urban Areas Security Initiative Attachment A Part Two - Program Specific Information, Continued Eligible Exercise Activities Eligible exercise activities include: · Planning, designing, developing, conducting, participating in and evaluating exercises and projects that train homeland security preparedness, prevention and response personnel. · Evaluating prevention and response plans, policies, procedures and protocols. · Assessing the readiness of jurisdictions to prevent and respond to a terrorist attack. · Planning, conducting and participating in an Exercise Planning Workshop. · Setting up and maintaining a system to track the completion and submission of After Action Reports, the implementation of corrective actions from exercises, and meeting with local units of government to define procedures. Exercises must be threat and performance-based, in accordance with ODP's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. These manuals provide explicit direction on the design, conduct, and evaluation of terrorism exercises. Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in accordance with HSEEP. See www.oio.usdoi.gov/odo/exercises/state.htm . The date, time and location of any exercise to be conducted with grant funds must be given to the CMD at the time such exercise is initially scheduled. This information can be given to the CMD by calling Major Louis Millikan at (916) 826-6399 or e-mailinglouis.millikanlalca.ngb.armv.mil. On behalf of OHS, the CMD will maintain a web-based master schedule of all state and local exercises occurring in the state to improve the communication and coordination of such exercises. Continued on next page FY04 Urban Areas Security Initiative Page 24 Attachment A Part Two. Program Specific Information, Continued Eligible Eligible exercise costs include: Exercise Costs o Backfill behind those who are designing, developing and conducting CBRNE exercises. o Regular time, overtime, CTO and fringe benefits for current or newly hired full- or part-time staff to support eligible exercise activities. - Payment of salaries and fringe benefits must be in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. Payment of overtime expenses will be for work performed by the grant recipient in excess ofthe established work week, usually 40 hours. Overtime payments are allowed only to the extent the payment for such services is in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. In no case is dual compensation allowable. That is, an employee of a grant recipient may not receive compensation from their unit or agency of government AND from an award for a single period oftiriJe (i.e., 1:00 pm- 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation. CTO earned while performing eligible activities must be cashed-out or taken before the end of the performance period. o The cost of contractors/consultants hired to support eligible activities. - Contracts must be executed in accordance with the grant recipient's formal written procurement policy, and must comply with federal and state requirements. o Meeting related expenses to support eligible activities, including rental of space/locations for planning and conducting exercises, signs, badges, facilitation costs, etc. For a complete list of allowable meeting-related expenses, please review the OJP Office of the Comptroller (OC) Financial Guide at htto://www.oiv.usdoLgov/FinGuide . o Materials and supplies that are required, expended or consumed to support eligible exercise activities (Le., copying paper, gloves, tape and non-sterile masks). 0- Travel costs (Le., airfare, mileage, per diem, hotel, etc) for employees who are on travel status for official business related to eligible exercise activities. These costs must be in accordance with the grant recipient's approved travel policy. Continued on next page FY04 Urban Areas Security Initiative Page 25 Attachment A Part Two. Program Specific Information, Continued Exercise After Action Reports Exercise Models, Simulations and Games Eligible Management and Administration Activities After Action Reports (AAR) must be provided to the Califomia Military Department (CMD) within 45 days following the completion of each exercise. The CMD is the point of contact for questions and concems regarding implementation of the HSEEP. Grant recipients may contact the CMD's Major Louis Millikan at (916) 826-6399, or Chief Warrant Officer Dan Shemenski at (916) 826-5152, or e-mail WMDExerciseslaJ,ca.ngb.armv.mil . After Action Reports should be mailed to: Califomia Military Department Attn: Major Louis Millikan 9800 Goethe Road Box 56 Sacramento, CA 95827-3563 Grant recipients that wish to expend funds on models, games, or simulations must consult with "Review of Models, Simulations, and Games for Domestic Preparedness Training and Exercising, Volume I," which provides an overview and analysis of existing models, games and simulations. This report is available at www.oio.usdoi.gov/odo/exercises/state.htm . Eligible management and administration activities include: · Management of the FY04 VASI grant. · Implementation and administration of the Urban Area Homeland Security Strategy or the Transit Security and Emergency Preparedness Plan. · Acquisition of authorized office equipment. - Authorized office equipment includes personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the urban area strategy or transit agency security and emergency preparedness plan. Continued on next page FY04 Urban Areas Security Initiative Page 26 Attachment A Part Two. Program Specific Information, Continued Eligible Management and Administration Costs Eligible management and administration (M&A) costs include: . Regular time, overtime, CTO and fringe benefits for current or newly hired full- or part-time staff to support eligible M&A activities. - Payment of salaries and fringe benefits must be in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. - Payment of overtime expenses will be for work performed by the grant recipient in excess of the established work week, usually 40 hours. Overtime payments are allowed only to the extent the payment for such services is in accordance with the policies of the grant recipient and in accordance with applicable laws and regulations. In no case is dual compensation allowable. That is, an employee of a grant recipient may not receive compensation from their unit or agency of government AND from an award for a single period of time (Le., 1:00 pm - 5:00 pm), even though such work may benefit both activities. - Fringe benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation. - CTO earned while performing eligible activities must be cashed-out or taken before the end of the performance period. . The cost of contractors/consultants hired to support eligible activities. - Contracts must be executed in accordance with the grant recipient's formal written procurement policy, and must comply with federal and state requirements. . Meeting related expenses to support eligible activities, including rental of space/locations, facilitation costs, etc. For a complete list of allowable meeting-related expenses, please review the OJP Office of the Comptroller (OC) Financial Guide at htto://www.oio.usdoLl!ov/FinGuide. . The cost of authorized office equipment, as previously described. . Leasing and/or renting of space for newly hired personnel to administer the FY04 UASI. . Materials and supplies that are required, expended or consumed during the course of administering the FY04 UASI. . Travel costs (Le., airfare, mileage, per diem, hotel, etc) for employees who are on travel status for official business related to the M&A of FY04 VASI. These costs must be in accordance with the grant recipient's approved travel policy. NOTE: No more than 3% of each urban area and transit agency allocation may be used for M&A purposes. Continued on next page Page 27 FY04 Urban Areas Security Initiative Attachment A Part Two. Program Specific Information, Continued Unauthorized Activities and Costs Unauthorized activities and costs include: . Purchasing general-use: - software (word processing, spreadsheet, graphics, etc.); - computers (other than for allowable M&A activities, or otherwise associated preparedness or response functions) and rel~ted equipment; and, - vehicles. . Licensing fees. . Weapons systems and ammunition. · Activities unrelated to the completion and implementation of the FY04 UASI program. . Construction or renovation of facilities. · Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs. FY04 Urban Areas Security Initiative Page 28 Attachment A Part Three. Application Requirements and Process AppUcation Components The application must include the following items: . Application Cover Sheet . Project Narrative and Budget Worksheet* . Grant Assurances and Governing Body Resolution NOTE: The five urban areas that participated in FY03 UASI Part II need not file new Assurance and Resolution forms if the ones on file with OES are current. . Funding Distribution by Jurisdiction . Additional items for urban areas: - core city and core county POCs; - definition of the urban area; and, - UA WG member information. . Additional items for transit agencies: POC for the transit agency; and, - description of the transit agency. All forms can be found in Appendix E. * The Project Narrative and Budget Worksheet is an EXCEL spreadsheet and must be completed and submitted to the state on CD or e-mailed as an attachment to Grant.Managementlaloes.ca.gov . Mailing Address All application components must be mailed to: Governor's Office of Emergency Services Grant Management Section Post Office Box 419023 Rancho Cordova, CA 95741-9023 AppUcation Cover Sheet Fill in all requested information on the Application Cover Sheet, have it signed by the Authorized Agent, and mail it to the address shown above. Continued on next page FY04 Urban Areas Security Initiative Page 29 Attachment A Part Three - Application Requirements and Process, Continued Project Narrative and Budget Worksheet Eligible Projects The federal Department of Homeland Security is developing an EXCEL worksheet that must be used to apply for FY04 UASI. The final version of the worksheet, with instructions, was not available when this Guide was published, therefore, a DRAFT version of the worksheet is available on OES' web site. The final version of the worksheet and instructions will be posted at www.oes.ca.gov as soon as they are made available by federal DHS. Applications submitted on the DRAFT form will not be accepted. In the past, ODP's homeland security related applications required that both the state and grant recipients provide a Program Narrative generally describing the type of activities that would be undertaken with grant funds. Additionally, grant recipients were required to submit a Budget Detail Worksheet which identified specific pieces of equipment that would be purchased with grant funds. For the FY04 UASI, using the Project Narrative and Budget Worksheet, core cities and transit agencies will be required to identify a maximum of 20 specific projects to be completed with UASI funds. For each project, the core cities and transit agencies must identifY: . The goals and objectives in the Urban Area Homeland Security Strategy, Transit Security and Emergency Preparedness Plan or State Homeland Security Strategy" supported by the project. · The solution area (planning, training, exercises, etc) and solution area sub-category (eligible activities) under which project work will be performed. · The value of funding, goods and services provided to each discipline by solution area for the project. NOTE: The 20 project maximum is for the transit agency's and core city's application as a whole, including all jurisdictions within the urban area. " The final version of the State Homeland Security Strategy was not available when this Guide was published, therefore, a DRAFT version of the Strategy has been included in this Guide. The final version of the Strategy will be posted at www.oes.ca.gov as soon as it has been approved by federal DHS. Continued on next page FY04 Urban Areas Security Initiative Page 30 Attachment A Part Three. Application Requirements and Process, Continued Governing Body Resolution Grant Assurances Funding Distribution by Jurisdiction Application Due Date Application Assistance The Goveming Body Resolution appoints agents authorized to execute any actions necessary under this grant. All six transit agencies and the five new urban areas must submit a Resolution. The Governing Body Resolution does not have to be submitted with the application, however, no payments can be made until a valid Resolution has been received by OES. NOTE: The five urban areas that participated in FY03 UASI Part II need not file a new Resolution form so long as the one on file with OES is current. The Grant Assurances form lists the requirements to which each core city and transit agency will be held accountable. All six transit agencies and the five new urban areas must submit an Assurances form. The Grant Assurances do not have to be submitted with the application, however, no payments can be made until the Grant Assurances have been received by OES. NOTE: The five urban areas that participated in FY03 UASI Part II need not file a new Assurances form so long as the one on file with OES is current. Grant recipients must identify funding distribution by jurisdiction. Each core city and transit agency must indicate the amount of funds distributed from their allocation to other jursidictions. Applications are due to the state by April 24, 2004. The hard copy documents should be mailed to the address previously shown. The EXCEL spreadsheet can be sent on a CD with the other hard copy documents, or it can be e- mailed to Grant.Management@oes.ca.gov. Incomplete applications will not be approved. The state will work closely with the core cities and transit agencies throughout the application process to ensure that the application meets grant requirements. Contact OES' Grant Management Section at (916) 845-8110 or Grant.Management@OES.ca.gov for assistance. Continued on next page Page 31 FY04 Urban Areas Security Initiative Attachment A Part Three. Application Requirements and Process, Continued Application Approval Grant recipients will be notified, in writing, of the approved application, award amount and performance period. Conditional Approvals Grant recipients will be notified, in writing, if a proposed project is conditionally approved, subject to further review. Work can begin on the project after the grant recipient has received written notice from the state indicating that the condition(s) have been removed. FY04 Urban Areas Security Initiative Page 32 Attachment A Part Four - Performance Period Activities Reimbursement of Eligible Costs Duplication of Benefits Changes to Scope of Work or Budget FY04 UASI funds will be disbursed on a reimbursement basis, by project, using the Reimbursement Request form included in Appendix E. Core cities and transit agencies are strongly encouraged to submit reimbursement requests as soon as costs have been incurred which includes when a vendor invoice has been received. In last year's grant, there was confusion about the reimbursement process. In particular, some grant recipients were under the impression that they must first purchase items with their own funds before seeking reimbursement. Instead, an invoice from a particular vender is sufficient for purchasing jurisdictions to request reimbursement from OES. For questions about the reimbursement process please contact OES' Grant Payments Unit at (916) 845-8110. The cost of employee labor and expenses has been incurred as soon as the time has been worked or the expense has been paid. Vendor costs have been incurred when the purchasing jurisdiction has received the vendor's invoice for payment. Encumbrances, purchase orders or signed contracts. do not qualify as incurred costs. NOTE: Payments can only be made if the grant recipient has the following documents on file with DES: . Approved Application. . Valid Governing Body Resolution. . Valid Grant Assurance. In no case is a duplication of benefits allowable. That is, a single cost may not be reimbursed under more than one grant. All changes to the approved scope of work or budget must be submitted to OES and approved by OHS. Revisions must be requested in writing and approved Drior to initiating the revised scope of work or incurring the associated costs. These changes can be requested as part of the performance report process; however, grant recipients are not precluded from submitting revision requests at any time. Failure to submit revision requests and receive approval prior to expenditure could result in a reduction or disallowance of that part of the grant. Continued on next page Page 33 FY04 Urban Areas Security Initiative Attachment A Part Four - Performance Period Activities, Continued Performance Reports Grant recipients must prepare and submit performance reports to the state for the duration of the grant period, or until all grant activities are completed and the grant is formally closed, whichever comes first. The reports must include the status of all projects, as well as other requested information and data, and are due as follows: · Reporting Period January 1 through June 30 - due by July 15 · Reporting Period July 1 through December 31 - due by January 15 A performance report template, with instructions, will be distributed under separate cover prior to the deadline for the report. Failure to submit performance reports could result in grant reduction, termination or suspension. Interest Earnings In accordance with Title 28, Code of Federal Regulations, Part 66.21, and DOJ Financial Guide, Part III, Chapter 1, any interest eamed, in excess of $100 per federal fiscal year, must be remitted quarterly to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 NOTE: The transmittal letter included with the check should indicate that the core city or transit agency is retuming interest earned on FY04 UASI funds. A copy of the transmittal letter should be sent to: Govemor's Office of Emergency Services Attn: Accounting Office/Federal Unit Post Office Box 419047 Rancho Cordova, CA 95742-9047 Additionally, interest eamings must be reported on the grant recipient's performance report submitted to the state. Continued on next page FY04 Urban Areas Security Initiative Page 34 Attachment A Part Four. Performance Period Activities, Continued Procurement Requirements Monitoring Grant Performance Record Retention Requirements Accessibility of Records Core cities and transit agencies must follow their own procurement requirements as long as they meet the federal requirements at a minimum. Federal procurement requirements for this grant can be found in; . OMB Circular A-102; . Title 28, CFR, Part 66.36; and, . DOJ Financial Guide, Part III, Chapter 10. The state may perform periodic reviews of the grant recipient's grant performance, including on-site visits. These reviews may include, but are not limited to: . Comparing actual grant activities to those approved on the Project Narrative and Budget Worksheet. . Confirming compliance with: - Grant Assurances; - Information provided on the performance reports; - Urban Area Homeland Security Strategies; and, - Transit Security and Emergency Preparedness Plans. Record retention requirements differ for property records vs. all other grant records. Refer to the following for specific requirements: . Title 28, CFR, Part 66.42 . DOJ Financial Guide, Part III, Chapters 6 and 12 In the Grant Closeout letter, the state will notify the grant recipient of the start of the record retention period for grant related records. The federal Department of Homeland Security, the DHS Office of Inspector General, the Comptroller General of the United States, OHS, OES and any of their authorized representatives, shall have the right of access to any books, documents, papers, or other records which are pertinent to the grant, in order to make audits, examinations, excerpts and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. Refer to 28 CFR 66.42 and DOJ Financial Guide, Part III, Chapter 12 for more information about accessibility of records. Continued on next page Page 35 FY04 Urban Areas Security Initiative Attachment A Part Four - Performance Period Activities, Continued Freedom of Information Act (FOIA) The state recognizes that much of the information submitted in the course of applying for funding under this grant, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat, risk, and needs assessment information, and discussions of demographics, transportation, public works, and industrial and public health infrastructures. While this information is subject to requests made pursuant to the Freedom of Information Act,S U.S.C. Sect. 552 (FOIA), and Califomia's Public Records Act, all determinations concerning the release of information of this nature will be made on a case-by-case basis by the state, and may fall within one or more of the available exemptions under the Act. Grant recipients are encouraged to consult their own local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. NOTICE: The details of the grant application will be subject to the provisions of the Califomia Public Records Act (Governmental Code Section 6250 et seq.). This means that all, or part, of the application may be publicly disclosed. While the state will make every effort to protect sensitive information, it is imperative that the grant application does not contain information that constituent jurisdictions or agencies believe are confidential. The grant recipient's failure to protect such information from disclosure may jeopardize the safety and security of the people of the State ofCalifomia. For example, do not specifically identity potential targets, locations, and their vulnerabilities if this information is not already public knowledge. While bridges and shopping malls are well known, key distribution points of petroleum products and data storage facilities are not. Write the grant application with the expectation that it may be made publicly available. If there are any questions about the inclusion of sensitive information in the preparation of the application, contact the Office of Homeland Security at (916) 324-8910. Continued on next page FY04 Urban Areas Security Initiative Page 36 Attachment A Part Four. Performance Period Activities, Continued Suspension or Termination The state may suspend or terminate core city or transit agency funding, in whole or in part, or other measures may be imposed, for any of the following reasons: . 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 grant recipient's application. . Filing 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. Before taking action, the state will provide the core city or transit agency reasonable notice of intent to impose measures and will make efforts to resolve the problem informally. FY04 Urban Areas Security Initiative Page 37 Attachment A Part Five - Grant Closeout Notification of Grant Completion Closeout Review and Notification Financial Reconciliation of Grant Funds Audit Requirements The grant recipient must submit a written notification to the state within 30 days of the completion of all approved work and disbursement of all funds. The state will review the grant recipient's fmal performance report for compliance with all grant conditions. After compliance has been verified, the state will notify the grant recipient of the grant closure and record retention requirements. If the final performance report indicates that the grant recipient: · is owed additional funds, the state will send the final payment automatically to the grant recipient. · did not use all funds received, the state will issue an Invoice to recover unused funds. Grant recipients, and any other agencies to which they sub grant funds, must comply with the audit requirements contained in OMB Circular A-133 and Title 28, CFR, Part 66.26. FY04 Urban Areas Security Initiative Page 38 Attachment A Appendix A . Authorized Equipment List 1. Personal Protective Equipment - Equipment worn to protect the individual from hazardous materials and contamination. Levels of protection vary and are divided into categories based on the degree of protection afforded. Sub Cate~orv Deserlntlon Fully Encapsulated Liquid and Vapor Ensemble, reusable or disposal (tested and Level A certified aoainst CB Ihreats) evelA Fullv Encaosulated Trainin~ Suits Level A Closed-Circuit Rebreather (minimum 2-hour sunnlv nreferred) Level A IOnen-circuit SCBA or (when annronriate) Level A Soare CvlindersIBottles for rebreathers Level A SCBA and Service Renair Kits Level A Chemical Resistant Gloves including thennal as annronriate to hazard Level A Enuinment needed for maintainina bodv core temoeralure within aeceotable limits: Vest Equipment needed for maintaining body core temperature within acceptable limits: Full evelA Suit Level A Chemical Resistant Boots, Steel or Fibemlass Toe and Shank Level A Hardhat Level A ChemicallBiololrical Protective Unden>:arment (fire resistant ontional) Level A Inner oloves Level A Annroved Chemical Resistant Tane Level A Chemical Resistant Outer Booties Level A Air-Line Svstem with 15-minute escaoe SCBA evelB Linuid Snlash Resistant Chemical Clothing, encansulated or non-encansulated Level B Chemical Resistant Gloves, inc1udina thennal as aourooriate to hazard Level B Closed-Circuit Rebreather (minimum 2-hour sunnlv nreferred) Level B Soare CvlindersIBottles for rebreathers Level B IRenair Kit Level B Eouioment needed for maintainina bodv core temoeralure within acceotable limits: Vest Equipment needed for maintaining body core temperalure within acceptable limits: Fnll evelB Suit cevel B Chemical Resistant Boots, Steel or Fiberalass Toe and Shank l.,evelB Linuid Snlash Resistant Hood Level B Onen-circuit SCBA Level B Air-Line Svstem with 15-minute escaoe SCBA Level B Hardhat Level B ChemicallBiolooical Protective Undergannent (fire resistant ontionai; Level B Inner oloves Level B Aooroved Chemical Resistant Taoe evelB Chemical Resistant Outer Booties Continued on next page FY04 Urban Areas Security Initiative Page 39 Attachment A Appendix A . Authorized Equipment List, Continued 1. Personal Protective Equipment, continued Sub Cateeory Description Level C Liquid Chemical Splash Resistant Clothing Inenneable or non-penneable) Level C Chemical Resistant Gloves, including thermal as appropriate to hazard Tight-fitting, full facepiece, negative pressure air purifying respirator with the appropriate cartridge(s) or canister(s) and PI 00 filter( s) for protection against toxic Level C 'ndustrial chemicals, particulates, andmilitarv soecific agents. Level C lPersonal Coolin~ System vest or full suit with suooort equipment: Vest Level C Personal Coolin~ System, vest or full suit with support equipment: Suit Level C Chemical Resistant Boots, Steel or Fiberglass Toe and Shank Level C Liouid Chemical Splash Resistant Hood luenneable or non-permeable) right-fitting, full facepiece, powered air purifying respirator (P APR) or P APR with chemically resistant hood with appropriate cartridge(s) or canister(s) and high-efficiency filter(s) for protection against toxic industrial chemicals, particulates, and military Level C soecific agents. Batteries - rechargeable (e.g. NiCAD) or non-rechargeable with extended shelf life (e.g. Level C Lithium) !Level C Hardhat Level C ChemicallBiological Protective Under~arment (fire resistant ootional) Level C Inner gloves Level C Chemical Resistant Tape Level C Chemical Resistant Outer Booties Circuit Rebreather (minimum 2-hour supply, preferred), open-circuit SCBA, or when Level C lapprooriate Air-Line Svstem with IS-minute minimum escape SCBA Level C SCBA Service and renair kits . Level C Soare cvlinderlbottles for rebreathers or SCBA Level D Escaoe mask for self-rescue During CBRNE response operations, the incident commander determines the appropriate level of personal protective equipment. As a guide, Levels A, B, and C are applicable for chemical/ biological/radiological contaminated environments. Personnel entering protective postures must undergo medical monitoring prior to and after entry. All SCBAs must meet standards established by the National Institute for Occupational Safety and Health (NIOSH) for occupational use by emergency preparedness and response personnel when exposed to Chemical, Biological, Radiological and Nuclear (CBRN) agents in accordance with Special Tests under NIOSH 42 CFR 84.63(c), procedure number RCT-CBRN-STP-0002, dated December 14,2001. Grant recipients must purchase: I) protective ensembles for chemical and biological terrorism incidents that are certified as compliant with Class 1, Class 2, or Class 3 requirements of Continued on next page FY04 Urban Areas Security Initiative Page 40 Attachment A Appendix A . Authorized Equipment List, Continued National Fire Protection Association (NFP A) 1994, Protective Ensembles for ChemicallBiological Terrorism Incidents; 2) protective ensembles for hazardous materials emergencies that are certified as compliant with NFP A 1991, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, including the chemical and biological terrorism protection; 3) protective ensembles for search and rescue or search and recovery operations where there is no exposure to chemical or biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA 1951, Standard on Protective Ensemble for USAR Operations; and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that are certified as compliant with NFPA 1999, Standard on Protective Clothing for Emergency Medical Operations. For more information regarding these standards, please refer to the following web sites: The National Fire Protection Association - httD://www.nfoa.org National Institute for Occupational Safety and Health- httD://www.cdc.gov/niosh . 2. Explosive Device Mitigation and Remediation - Equipment providing for the mitigation and remediation of explosive devices in a CBRNE enviromnent Sub Cate 0 itigation and emediation itigation and emediation . tigation and emediation Descr! tion omb Search Protective Ensemble for ChemicallBiolo hemicallBiolo ical Under arment For Bomb Search Protective Ensemble Coolin Garments to mana e heat stress ression allistic Threat Helmet not for riot su ression last and Ballistic Threat E e Protection not for riot su ression last and Ove ressure Threat Ear Protection not for riot su ression eal Time X-Ra Unit . tigation and Remediation Portable X-Ra Unit Continued on next page FY04 Urban Areas Security Initiative Page 41 Attachment A Appendix A - Authorized Equipment List, Continued 2. Explosive Device Mitigation and Remediation, continued Sub Cate or Mitigation and emediation itigation and Remediation Mitigation and Remediation Mitigation and emediation Mitigation and emediation Mitigation and Remediation Descrl lion TCV WMD U rades for existin TCV obot Robot U rades ents, standard or air inflatable for chemlbio rotection Ins ection mirrors on Track Ex losive Detector lanket, Bomb Su ression Blanke ex losive devices blanket 3. CBRNE Search and Rescue Equipment - Equipment providing a technical search and rescue capability for a CBRNE environment. Sub Cate 0 CBRNE Technical E ui ment Descri tion istenin Devices Search cameras includin thermal ima 'n Blockin and bracin materials Evacuation chairs for evacuation of disabled ersonnel Continued on next page FY04 Urban Areas Security Initiative Page 42 Attachment A Appendix A . Authorized Equipment List, Continued 3. CBRNE Search and Rescue Equipment, continued Sub Cate or CBRNE Technical E ui ment CBRNE Technical E ui ment CBRNE Technical E ui ment Descr! tion Ventilation fans Confined S ace Kits such as MSA Watchman nderwater equipment including: lights, metal detectors, communication and video units, lift bags, water rescue helmets, ice hooks, buoyancy compensator, and underwater scooter/DPV 4. Interoperable Communications Equipment - Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate CBRNE response operations. When utilizing ODP program funds in the category of Interoperable Communications Equipment to build, upgrade, enhance, or replace communications systems, core cities and transit agencies should develop a comprehensive interoperable communications plan before procurement decisions are made. Guidance for development of interoperable communications plans is provided in Appendix C. Sub Cate 0 Interoperable CommWlications E ui ment teroperable Communications E ui ment Interoperable Communications E ui ment Interoperable Communications E ui ment De.er! lion er.onnel Alert Safety System (PASS) - (location and physiological monitoring systems o tional ortable Meteorological Station (monitors temperature, wind speed, wind direction and arometric ressure at a minimum Commerciall available crisis mana ement software tenna and tower s stems Continued on next page Page 43 FY04 Urban Areas Security Initiative Attachment A Appendix A - Authorized Equipment List, Continued 4. Interoperable Communications Equipment, continued Sub Cate or Interoperable Communications E ui ment Interoperable Communications E ui ment Interoperable Communications E ui ment Deser! lion Individual/portable radios, software radios, portable repeaters, radio interconnect s stems satellite hones, batteries char ers and batte conditionin s stems. Personnel Accouutabili S stems Aviation and maritime seeuri voice and data transmission e ui ment Leasin and rental of tower s ace In an effort to improve emergency preparedness and response interoperability, all new or upgraded radio systems and new radio equipment should be compatible with a suite of standards called ANSI/TIA/EIAA-102 Phase I (project 25). These standards have been developed to allow for backward compatibility with existing digital and analog systems and provide for interoperability in future systems. The FCC has chosen the Project 25 suite of standards for voice and low-moderate speed data interoperability in the new nationwide 700 MHZ frequency band. The Integrated Wireless Network (IWN) of the U.S. Justice and Treasury Departments has also chosen the Project 25 suite of standards for their new radio equipment. In an effort to realize improved interoperability, all radios purchased under this grant should be APCO 25 compliant. Continued on next page FY04 Urban Areas Security Initiative Page 44 Attachment A Appendix A - Authorized Equipment List, Continued 5. Detection Equipment - Equipment to sample, detect, identify, quantify and monitor for chemical, biological, radiological/nuclear and explosive agents throughout designated areas or at specific points, including equipment necessary to enhance laboratory detection capabilities Chemical Chemical Chemical Chemical Chemical Chemical Chemical Chemical Chemical Chemical Chemical emical Chemical Chemical Chemical Chemical Chemical Chemical x losive lications Continued on next page Page 45 FY04 Urban Areas Security Initiative Attachment A Appendix A . Authorized Equipment List, Continued 6. Decontamination Equipment - Equipment and material used to clean, remediate, remove or mitigate chemical and biological contamination. Sub Cateeorv Descrintlon Biological HEPA !High Efficiency Particulate Air) Vacuum for drv decontamination Chemical Runoff Containment Bladden s) Chemical Inecon litters/roller systems Chemical Extraction Litters rollable Chemical Non-transparent Cadaver Bags (CDC standard) Chemical Overpak Drums !Decontamination system for individual and mass application with environmental Chemical controls water heating system, showers, lighting, and transportation (trailer) Chemical Spill Containment Devices Chemical Hand Carts Chemical Waste water classification kits/strios 7. Physical Security Enhancement Equipment - Equipment to enhance the physical security of critical infrastructure. . Sub CategorY Description Explosion Protection Blast/ShocklImpact Resistant Systems P.xplosion Protection rotective Clothing Explosion Protection Column and Surface Wraps: Breakage Shatter Resistant Glass; Window Wraps Explosion Protection !Robotic Disarm/Disable Systems Ground Motion Detector Systems: Aconstic; Infrared; Seismic; Magnetometers Ground lBarriers' Fences' Jersey Walls Ground IImpact Resistant Doors and Gates Ground Portal Systems Ground ~lann Systems Ground !video Assessment/Cameras: Standard Low Light, IR, Automated Detection Ground Personnel Identification: Visual' Electronic; Acoustic' Laser Scanners' Ciohers/Codes Ground IX-Rav Units Ground Magnetometers Ground Vehicle Identification: Visual' Electronic' Acoustic' Laser' Radar Inspection/Detection Systems Vehicle & Cargo Inspection System-Gamma Rav Inspection/Detection Mobile Search & Inspection Svstem-X-rav Systems Inspection/Detection lNon-Invasive RadiologicaVChem/Bio Exolosives Svstem-Pulsed Neutron Activation Systems Continued on next page FY04 Urban Areas Security Initiative Page 46 Attachment A Appendix A . Authorized Equipment List, Continued 7. Physical Security Enhancement Equipment, continued Sub Cate or Sensors - Agent/Explosives Detection Sensors - Agent/Explosives Detection Sensors. gent/Explosives etection Deser! tlon Chemical: ActivelPassive; MobilelFixed' Handheld Biolo 'cal: ActivelPassive' MobileIFixed' Handheld TO ammin software Continued on next page FY04 Urban Areas Security Initiative Page 47 Attachment A Appendix A . Authorized Equipment list, Continued 8. Terrorism Incident Prevention Equipment (Terrorism Early Warning, Prevention and Deterrence Equipment and Technologies) - State and local emergency preparedness, prevention and response agencies will increasingly rely on the integration of emerging technologies and equipment to improve jurisdictional capabilities to deter and prevent terrorist incidents. This includes, but is not limited to, equipment and associated components that enhance a jurisdiction's ability to disseminate advanced waming information to prevent a terrorist incident or disrupt a terrorist's ability to carry out the event, including hiformation sharing, threat recognition and public/private sector collaboration. Sub Cate or Equipment and ecOOolo ies Equipment and ecOOolo ies Equipment and TecOOolo ies Equipment and echnolo ies Equipment and echnolo ies Equipment and eclmolo ies Equipment and TecOOolo ies Equipment and TecOOolo ies Equipment and ecbnolo 'es quipment and echnolo ies Deserl lion ata collectionlinfonnation atherin software Data s thesis software azard rediction assessment and threat modelin software Geo a hic lnfonnation S stem infonnation tecOOolo and software Law enforcement surveillance e ui ment lert Notification S stems acial reeD itian hardware and software ees for use of databases containin terrorist threat information GIS lotter software and rioters ardware, software and internet-based systems that allow for infonnation exchange and dissemination Continued on next page FY04 Urban Areas Security Initiative Page 48 Attachment A Appendix A . Authorized Equipment List, Continued 9. CBRNE Logistical Support Equipment - Logistical support gear used to store and transport the equipment to the CBRNE incident site and handle it once onsite. This category also includes small support equipment including intrinsically safe (non-sparking) hand tools required to support a variety of tasks and to maintain equipment purchased under the grant, as well as general support equipment intended to support the CBRNE incident response. The State should also consider procurement of software to assist in tracking and maintaining statewide equipment assets . Sub Cate 0 CBRNE CBRNE CBRNE RNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE CBRNE Deser! tion lications control Continued on next page Page 49 FY04 Urban Areas Security Initiative Attachment A Appendix A - Authorized Equipment List, Continued 10. CBRNE Incident Response Vehicles - This category includes special-purpose vehicles for the transport of CBRNE response equipment and personnel to the incident site. Licensing and registration fees are the responsibility of the jurisdiction and are not allowable under this grant. In addition, general-purpose vehicles (squad cars, executive transportation, etc.), fire apparatus and non-CBRNE tactical/armored assault vehicles are not allowable. Sub Cateeory Description Vehicles !Mobile command post vehicles Vehicles ~azardous materials (HazMat) resDonse vehicles Vehicles 180mb response vehicles Vehicles l>rime movers for equipment trailers 2-wheel personal transport vehicles for transporting fully suited bomb technicians, Level Vehicles AIB suited technicians to the Hot Zone Multi-wheeled all terrain vehicles for transporting personnel and equipment to and from Vehicles the Hot Zone Vehicles Mobile Command Unit Vehicles Mobile Morgue Unit "esponse vehicles to deploy special weapons personnel, equipped to detect chemical, Ibiological and radiological materials; these vehicles may be armored to protect these Vehicles lPersonnel from explosions and projectiles when required to enter hot zones. Continued on next page FY04 Urban Areas Security Initiative Page 50 Attachment A Appendix A - Authorized Equipment List, Continued 11. Medical Supplies and Pharmaceuticals - Medical supplies and pharmaceuticals required for response to a CBRNE incident at the advanced life support level. Core cities and transit agencies are responsible for replenishing items after shelf-life expiration date(s). Sub Cate.orv Descrlntlon Medical SUDDlies Automatic Binhasic External Defibrillators Equipment/supplies for establishing and maintaining a patient airway at the advanced Medical Sunnlies life support level (includes OP and NG airways; ET tubes, styletes, blades, and handles; >'ortable suction devices and catheters' and stethoscones for monitorin. breath sounds) Medical Suuulies IV Administration Sets (Macro and Micro) Medical Sunnlies IV Catheters 114 16 18 20. and 22 gaulle) Medical Suuulies IV Catheters iRuttertlv 22 24 and 26 Ilaulle) Medical Sunnlies Mauual Biuhasic Defibrillators Medical Suuulies Eve Lens for Lavalle or Continuous Medication Medical Suuulies Nasollastric Tubes Oxygen administration equipment and supplies (including bag valve masks: rebreather and non-rebreather masks and nasal cannulas; oxygen cylinders, regulators, tubing and manifold distribution systems; and pulse oximetry, Capnography and C02 detection Medical Sunnlies devices)~ . Medical Suuulies Svrinlles (3cc and IOcc) Medical Sunnlies 26 Ila. Yz" needles (for syringes) Medical Suuulies 21 .a. 1-1/2" needles (for svrinlles) MedicalSunnlies Blood Pressure Cuffs Medical Suuulies Mor.an Eve Shields >iedical Suuulies Trialle TailS and Taros \Jedical Sunnlies Sterile and Non-Sterile dressinlls all fonns and sizes Medical Suuulies Sterile and Non-Sterile dressinlls, all fonns and sizes >iedical Suuulies Gauze all sizes Medical SUDulies h>nlmonarv Fit Tester Medical Suuulies IPortable Ventilators Medical SUDDlies !Rum kits Phannaceuticals IAdenosine Phannaceuticals IAlbuterol Sulfate .083% Pharmaceuticals Albuterol MDI 3 ml Phannaceuticals Atronine Phannaceuticals Benadrvl Phannaceuticals Calcium Chloride Pharmaceuticals Calcium Gluconate 10% Pharmaceuticals Cvanide Antidote Kits Pharmaceuticals Donamine Pharmaceuticals Glucallon Continued on next page FY04 Urban Areas Security Initiative Page 51 Attachment A Appendix A - Authorized Equipment List, Continued 11. Medical Supplies and Pharmaceuticals, continued Sub Category Description ~harmaceuticals Lasix [Pharmaceuticals Lidocaine Pharmaceuticals Loperamide Pharmaceuticals Magnesium Sulfate Pharmaceuticals Metl1ylorednisolone Pharmaceuticals Narcan Pharmaceuticals II"11bain Pharmaceuticals lNitroglycerin Pharmaceuticals Silver Sulfadiazine Pharmaceuticals Sodium Bicarbonate harmaceuticals Sterile Water Pharmaceuticals etracaine ~harmaceuticals Thiamine Pharmaceuticals Valium ~harmaceuticals Potassium Iodide Pharmaceuticals Ciprofloxin PO ~harmaceuticals Qextrose IPharmaceuticals . Doxycvcline PO Pharmaceuticals Epin~hrine ~harmaceuticals I-Ionnal Saline (500 and 1000 ml bags) Pharmaceuticals 2Pam Chloride . Pharmaceuticals Atropine Auto Iniectors Pharmaceuticals CANA Auto Iniectors 12. CBRNE Reference Materials - Reference materials and software designed to assist emergency preparedness and response personnel in preparing for and responding to a CBRNE incident. This includes but is not limited to the following: Sub Cate 0 CBRNE CBRNE CBRNE CBRNE CBRNE Descrl tion II' A Guide to hazardous materials 10SH Hazardous Materials Pocket Guide orth American Emer enc Res onse Guide Jane's Chem-Bio Handbook irst Res onder Job Aids Continued on next page FY04 Urban Areas Security Initiative Page 52 Attachment A Appendix A . Authorized Equipment List, Continued 13. Agricultural Terrorism Prevention, Response and Mitigation Equipment - Equipment used for agricultural terrorism prevention, response and/or mitigation. DHS ODP expanded the scope of its programs based on feedback from its constituency. To that end, an agricultural section has been incorporated into the State Homeland Security Assessment and Strategy and grant programs to assist with preventing, responding to and recovering from agro- terrorism events. In addition to the following categories, any of the equipment items from the authorized equipment list may be used for agricultural homeland security efforts. Sub Cate20rv Descrlntlon ~nimal Restraint Electric nrods i\nimal Restraint Halters Mimal Restraint H02 oaddles Mimal Restraint HOg snare Animal Restraint Knee boards <\nimal Restraint Lariat Mimal Restraint eashes Animal Restraint Nose leads Animal Restraint Panels Mimal Restraint Portable cattle and h02 chutes . <\nima! Restraint Portable nens crates, kennels Mima! Restraint iimbanus Mimal Restraint Swine mouth soeculum 3uming and Incinerating Sunolies Clean fuel oil and other incineration materials 3uming and Incinemting Sunolies Portable incinerators Cleaning, Disinfection, and Bleach Fumigation Cleaning, Disinfection, and ~umigation Other surface and topical disinfectants Cleaning, Disinfection, and ~umigation Potassium bromide Cleaning, Disinfection, and Fumigation Soda ash Cleaning, Disinfection, and Fumi2ation Sodium hydroxide and vinegar Deponulation Cantive bolt oistol (appropriate gauge) Deoooulation Euthanasia solution Diagnostic Eauinment Animal identification suoolies !back tags, marker cravons, watemrooftaoe and pens) Diamastic Eauinment Biohazard bags and containers Diamastic Eauinment Biohazard nackine: container Diamastic Eouinment Blood samoling sunolies (needles svringes, blood tubes) Continued on next page FY04 Urban Areas Security Initiative Page 53 Attachment A Appendix A - Authorized Equipment List, Continued 13. Agricultural Terrorism Prevention, Response and Mitigation Equipment, continued Sub Cate20rv Description Diagnostic Eauipment Ice packs for shiooin. and access to freezer Diagnostic Eauipment Shams containers Diagnostic Eouioment Soecimen containers Disposal Equipment and Supplies Draglines [Disposal Equipment and Heavy plastic liners Supplies General k'>nimal handlin. ruidelines General Chisel General IDisposable scaloelslblades General Euthanasia guidelines General Worceps General Identification svstem for animals . General IPlastic file boxes or filin. cabinets General IPliers General Ouarantine forms General Reference materials for soecific animal management in disasters/agroterrorism General Sur.ical scissors 14. CBRNE Prevention & Response Watercraft - This category allows for the purchase of surface boats and vessels for port homeland security purposes, including prevention and response. Allowable costs also include the purchase of customary and specialized navigational, communications, safety and operational equipment necessary to enable such watercraft to carry out their homeland security mission. Licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the core cities and transit agencies and are not allowable under this grant. Sub Cate 0 CBRNE Prevention & Res ODse Watercraft Descri lion Surface boats and vessels for port homeland security purposes including customary and s ecialized navi ational, communications safe and 0 erational e ui ment. Continued on next page FY04 Urban Areas Security Initiative Page 54 Attachment A Appendix A . Authorized Equipment List, Continued 15. CBRNE Aviation Equipment - This category allows for the purchase of special purpose aviation equipment where such equipment will be utilized primarily for homeland security objectives and permissible program activities, and provides that the local units of government certify that it has an operating aviation unit and that the costs for operation and maintenance of such equipment will be paid from non-grant funds. Aviation equipment is defined as fixed-wing aircraft, helicopters, and air-safety containers for CBRNE prevention, response, mitigation and/or remediation. Allowable costs include the purchase of customary and specialized navigational, communications, safety and operational equipment necessary for CBRNE prevention, response and/or recovery. Prior to obligating funds for this category of equipment, grant recipients must submit a written request to the state. The state will seek a written waiver from the Secretary ofthe Department of Homeland Security Secretary through ODP. The state will consult with the ODP Preparedness Officer and provide a detailed justification for obligating funds in this category. No funds can be used for this category of equipment until the grant recipient receives written approval from the state and ODP to obligate funds. Licensing, registration fees, insurance and all ongoing operational expenses are the responsibility of the local units of government and are not allowable under this grant. In addition, the purchases of general-purpose public safety aircraft such as, but not limited to, firefighting planes or police helicopters are not allowable. Furthermore, grant recipients must certify that they have an operating aviation unit and that no expenses will be charged against the grant award for the operation of such aviation unit. Also prohibited is aviation equipment acquisition that is inconsistent with the State's updated homeland security assessment and strategy. Sub Cate 0 Desed lion Customary and specialized navigational, communications, safety, and operational equipment necessary for CBRNE prevention, response and/or recovery including fixed- in aircraft, helico ters, and air-safe containers. CBRNEAviation ui ment Continued on next page FY04 Urban Areas Security Initiative Page 55 Attachment A Appendix A . Authorized Equipment List, Continued 16. Cyber Security Enhancement Equipment Sub Cate 0 Enhancement E ui ment Enhancement E ui ment Enhancement E ui ment Enhancement E ui ment Enhancement E ui ment Enhancement E ui ment Enhancement E ni ment C ber Securi Descr! lion Confi ation mana ement and atch dissemination tools Ene tiOD S stems Firewall and authentication technolo ies Geo a hic information s stems ntrusion detection devices and s stems etwork traffic monitorin and anal sis s stems Scaunin and enetration tools Security hardware and software countermeasures to protect against c ber attacks 17. Intervention Equipment - this category allows for the purchase of specialized law enforcement equipment that is necessary to further enhance their capabilities to prevent domestic terrorism incidents. Core cities and transit agencies are reminded that they must comply with 28 CFR, Parts 66 and 70. In addition, when procuring any Title III equipment, core cities and transit agencies must strictly adhere to requirements of 18 u.s. C., Part I, Chapter 119, Section 2512, pertaining to the manufacture, distribution, possession and advertising of wire, oral, or electronic communications interception devices. This category includes but is not limited to the following: Sub Cate 0 Intervention E ui ment Intervention E ui ment Intervention E ui ment 18. Other Authorized Equipment and Related Costs Sub Cate 0 Deseri tton Authorized Equipment and Related Costs Installation costs for authorized e ui ment urchased throu h ODP rants Authorized Equipment and Maintenance contracts for authorized equipment purchased through ODP grants and Related Costs ac uired throu DHS-ODPs Homeland Defense e ui ment Reuse IDER Pro am uthorized Equipment and Related Costs Multi Ie Inte ated Laser En a ement S stem MILES Authorized Equipment and Related Costs Trainin on CBRNE and c ber securi e ui ment b vendors or local & state entities Miscellaneous aintenance - General Miscellaneous Shi in and Handlin Miscellaneous axes FY04 Urban Areas Security Initiative Page 56 Attachment A Appendix B . Training Classes and Approval Process Recommended Training Classes Grant recipients are encouraged to use FY04 UASI funds to adopt the current ODP awareness and performance level courses noted below: . Campus Law Enforcement Awareness Training on WMD . A WR-IOO Emergency Response to Terrorism: Basic Concepts . A WR-I01 Emergency Response to Terrorism: Basic Concepts (Train- the-Trainer) . A WR-I02 Emergency Response to Terrorism: Basic Concepts (Self- Study) . A WR 103 WMD Crime Scene Management for Emergency Responders . A WR-11O Terrorism Awareness for Emergency Responders (Internet) . A WR-III Emergency Medical Services (EMS): Basic Concepts for WMD Incidents (Internet) . A WR-112 Public Works: Basic Concepts for WMD Incidents (Intemet) . A WR-120 Law Enforcement Response to WMD - Awareness . AWR-121 Law Enforcement Response to WMD -Awareness (Train-the- Trainer) . A WR-130 Incident Response to Terrorist Bombings - Awareness . AWR-140 WMD RadiologicallNuc1ear Awareness . A WR-141 WMD RadiologicallNuclear Awareness (Train-the-Trainer) . PER-200 Managing Civil Actions in Threat Incidents (MCATI): Basic Course (Train-the- Trainer) . PER-225 Law Enforcement Response to WMD - Operations Level (Train-the- Trainer) . PER-251 Emergency Response to Terrorism: Operations Course (Train- the-Trainer) Note: In order to deliver these courses, state and local instructors must have been certified to deliver the course by successfully completing ODP's Train- the-Trainer course delivery. Continued on next page Page 57 FY04 Urban Areas Security Initiative Attachment A Appendix B - Training Classes and Approval Process, Continued Approval Process for Non-ODP Course Development and Attendance The process for requesting ODP approval ofnon-ODP course development and attendance is as follows: I. Grant recipient requests for review of awareness and performance level courses should be made on letterhead addressed to Lt. Col. William Hipsley, California Military Department. Lt. Co!. Hipsley will collect all requests and forward to the appropriate DHS-ODP Preparedness Officer. This letter should be sent to: Governor's Office of Emergency Services Grant Management Section A TTN: Lt. Co!. Hipsley Post Office Box 419023 Rancho Cordova, CA 95741-9023 Do not send course materials at this time. 2. The DHS-ODP Preparedness Officer will forward the request to the ODP Training Division. 3. Upon receipt of the request, the ODP Training Division will respond as follows: A. Send a letter of acknowledgment and conditional approval to CMD, accompanied by the following: (1) ODP Training Approval Template and instructions for use. (2) ODP Training Doctrine which includes the following 4 documents: - ODP Training Strategy - Emergency Responder Guidelines - Prevention Guidelines - Training Approval Guidelines B. Notify the DHS-ODP Preparedness Officer that funding may be conditionally approved pending further review by the DHS-ODP, Center for Domestic Preparedness (CDP). The grant recipient may begin obligating funds at this time. C. Ensure that the request has been entered in the ODP Training Approval Tracking System. 4. Upon receipt of the conditional approval, the Template and the Training Doctrine, CMD will work with grant recipients to document a comparison between the objectives of the course in question and the ODP Training Doctrine, using the template provided. The completed template and course materials must be returned to the ODP Training Division Designee within 30 days. Continued on next page FY04 Urban Areas Security Initiative Page 58 Attachment A Appendix B - Training Classes and Approval Process, Continued Approval Process for Non-ODP Course Development and Attendance, continued 5. The ODP CDP will execute a review of course materials based on the completed template and issue a report to the ODP Training Division. 6. The CDP will conduct this review within 45 days from receipt of the course materials and template. For performance level courses, the review period will be extended to 90 days if the ODP CDP determines that a site visit is necessary to adequately assess the course. 7. Upon completion of CDP review and issuance of a recommendation memo, the ODP Training Division will initiate a final notification process that will include the DHS-ODP Preparedness Officer and the CMD. Page 59 FY04 Urban Areas Security Initiative Attacbment A Appendix C - Development of Interoperable Communications Plans Components of Interoperable Communication Plans When utilizing ODP program funds in the category of Interoperable Communications Equipment to build, upgrade, enhance or replace communications systems, grant recipients should develop comprehensive interoperable communications plans before procurement decisions are made. Plans should be retained by the grant recipient and be available for review by the state and ODP. The plan should address, as appropriate, the areas of: · building public safety communication systems; · upgrading/enhancing public safety communication systems and equipment; · replacing public safety communication systems and equipment; · maintaining public safety communication systems and equipment; . training public safety staff on issues related to emergency response communications; and, · managing public safety communications projects. Continued on next page FY04 Urban Areas Security Initiative Page 60 Attachment A Appendix C . Development of Interoperable Communications Plans, Continued Interoperable Communication Plan Considerations The following considerations should be made when developing a communications plan: . Has the grant recipient already completed a plan that illustrates their commitment to public safety communication priorities? Obtain/retain an executive summary that clearly illustrates how the proposed effort will lead to enhanced public safety communications interoperability. What type of multi-jurisdictional or multidisciplinary agreements does the grant recipient possess (Le., MOUs, interstate compacts, mutual aid agreements)? . Has the grant recipient considered public safety's operational needs of the communications equipment? In what type of topography/terrain does the grant recipient operate? In what types of structures does the grant recipient need to communicate? (Le., tunnels, high-rise buildings) What methods of communication does the grant recipient use? (Le., email, paging, cellular calls, portable radio communications) What is the process for dispatching calls? Is the communications center independently owned and operated by the grant recipient? Does it serve several public safety agencies in the grant recipient's jurisdiction? Is it a multi-agency, multi- jurisdictional facility? Does the grant recipient have the ability to patch across channels? If so, how many patches can be simultaneously set up? Is a dispatcher required to set up and break the patches down? What is the primary radio language used by the grant recipient when communicating with other agencies or organizations? (Le. 'plain' English, code) What types of equipment can immediately be deployed to provide short-term solutions for improved communications? Continued on next page FY04 Urban Areas Security Initiative Page 61 Attachment A Appendix C - Development of Interoperable Communications Plans, Continued Interoperable Communication Plan Considerations, continued · Has the grant recipient considered the system requirements to ensure interoperability with systems used by other disciplines or other levels of govermnent? What type of equipment is currently used by the grant recipient? Is there a regional, multi-jurisdictional, or statewide system in place that requires interoperability in order to communicate with other agencies? If so, how does the grant recipient plan on interoperating/connecting to that system? Is the equipment compatible with the Project 25 suite of standards? For data-related systems, is the grant recipient using XML standards? How scalable is the system? Can it be used locally between agencies and jurisdictions, statewide, and at multi-state or national level? What internal and extemal security requirements exist in the architecture to secure information and maintain privacy levels for data as required by law? Is the infrastructure shared with any other agency or organization? Is it owned or leased? Does the grant recipient use analog or digital radio systems or both? Is the system conventional or trunked? Which radio frequencies are used to communicate with other public safety agencies? How many channels does the grant recipient have solely designated for communication with other agencies? FY04 Urban Areas Security Initiative Page 62 Attachment A Appendix D . Letter Regarding Submission of Equal Employment Opportunity Plan FY04 Urban Areas Security Initiative Page 63 Attachment A U.$;:~parthtent l,If Jtl,~iice Ciffice ofJUlluce:. Programs Office for Civil Rights w,;'),q""",. l>.C, 2fJS11 Jilly29,2002 Mr,Da)lllllh.lt1lilB q;.1I~i",'O{ii:c~ of_EmergenCy ~"ite:l P.'(l,.$o:>>:4l9041 Rancho CordOV;l, ,CA 95741.9041 DearMr;JorlQ;: ~d~"i1#~~jr~;.i..-~:~i~~~foil,.g'JjJ~;i#!p,(~ I In'lICco'~e\wi,l~;:4~~~\l;'r~.~:~~,.tli~l'~lyij~~~'OO,poo;~r,~(o.tSt;;P!)I);OOO:j~, ''lri:'18;.'~~QdN;~Wi;:jthl!Jll~'I:1p~~f#i~:~.~J~jjjJt'l1rt'~~'':i~qJji'pl?*~~~'U~PllJtiln,1Y Plll'l,(EIW'i>)W'lthiTi~'~-':.ffuJl;tlliil;~t~~or{lij"Jp'lu;,t(l~__atUj<l'.~VI:~.t,'. ' 2. prj1>>a'Y,il~lee1:\OIldI~~i:_hof~k'sub~ Th,i:)1:fol:e;:'liIlprirri~~,;iiiotllil:ml.'I4l &I1W'i;uho\Jtd~nd ll;fel1-Iif!O~O('J::im"P 6O"")'sorthe"dIi("or.~ir.wJlJ'd; 3. P10We "eletnihd~lItlilllhc al><;lY~ or<;Qll,~,lhaHtii:Cl.the,CiJ~' ~~JnI<tllllWlfwthcaCt~,l;iSiJ;HJ'tift' "" ,~~:it1 Slio,t FormsdirtClly IOlhe OffiU'fcitCivll Rlahl' llryolI:hln~lIlreMy"uJ'.(Il,\ttj;dl\n:EEOP'll,IP:\I:lf':i:l\lIOl,hcrli)ll'~lftlJm.lI!eomtieofJlISt~'~.(O l}r~nlty'Qti~p,ol~llj!l~;S""ic#'(CO~5):~lltlittJJ~PISJ~~..orif)'ottf\4V~:~IlCd'Ib:l~ reqUiiJld.:itl.Ji!!!I;iltC,~.'fiH;)'<l'HO!\ltnnllj~aflh.l,lli'~'ScI~IY.~~f<<i~;?fl~:~~:WU..... m<i;oitll\8'th.ryom llE01;:';r<;citlfleali<Hl b:oo:cepililllea'Plll\wrthacoveJl~r ibIlH~$ttiiCcHltc:ncwprl \,if 'bV' oj , FY04 Urban Areas Security Initiative Page 64 Attachment A N'Oii" ,~':,Ir,'~ ,:, )!lIs:up'~,,50~. 'J!~_,~';~lJl\I'd~.. ;]i~f1'~:Q,~'Q~:~w.~".;e.EPP ts~.lrFd;how.evOl'.~~~'mut!tJ~luri'l O1pj ,,:IC:::Mttlwn1f;~J:l;lnl!Pli!P-''Fol'jjjto()CR;!Wfil!:in(i()ida)'I,'''l!hfsCCitiliBal:lolrF<irmmliY abobe d6Wl1lbndeMrom ~" 1'~,PiJjJ:!:~9!\:lfleil~~~ UN~",IlJ!O~' OoP~.V~"'N .IN9 TI\lI~~W~IlJl,.... "!Pi! I"~ ~ ' 0 ~rtt '0:; (!)P-'JS,tI'.N :l;AlIIO~m:;lTS: !i"i'"1>'IED '~"W ".' ",'",,~ "' . ,.t.:': p:v",,~ '. 'O.l'-FUNl:IS'NdL.: ,pm;>,) =N " .,.,...... 4~~~~llmislFor~~~_tltij!lij~~,~~~_,B\itTJn~,$$oo~o6o; ,. ~=~~.~..O....""'''''EEO.J.......''''';bow_.........'''''''''..''' A(ililtl~~~'i,i!t.~;~;!l!_~~,~,:. s. ._t.;~PI~t"~t~~,~;~:h:~~~-'~~~1Q~..aD~mn...I';~ioYmeilt~Qg'lty p~:~iroprJ~~~~'Jf~';lits~i~Jt,f$k:~~61~ffl~!iiidf;:" """ ,,- fusll'lilltlpns:"Qf;An',~i1iillii:s: 6. ..,.... ....,.... _,"C. Iftoli~~:li,ll)'iq~~~~'I!f~l!t~W-.~(~Q~l~M~;:;'C!~~~nll(pm1.litm,/li1d!i~ab.tll;:31;~~~~,iq,,;.tlvfl rtkhls'l)1lfllliill'~tlS'6t:,~~@ft)IicI~J.wlltqil1W;..~...tiiJ:P'i~ijoVfQ(;d.< ,'.' .......,.;' .......:,. S,~~ly. ~ ~. ,{i.M- Mlcli~lL.Al&Wli ~'~tlJI.'iot1ll:efot.elyil'Rj8blt 00: Qtult~~ nililnciatA~liYtt 21'bc!~Ipyri'!ebtp~tllSoreerlalnJJilljan'ttlbcs lIit;nQlcovcmlby'TIlIl! V[(oft/lc Civil RighltAi:tofl%4. 42.0.S~C,"*iJj)1l2_ FY04 Urban Areas Security Initiative Page 65 Attachment A Appendix E . Grant Forms Grant Forms This appendix contains the following grant forms: · Application Cover Sheet · Funding Distribution by Jurisdiction · Governing Body Resolution . Grant Assurances . Reimbursement Request Form A DRAFT version ofthe Project Narrative and Budget Worksheet can be found on OES' web site at www.oes.ca.gOV . FY04 Urban Areas Security Initiative Page 66 Attachment A FY04 Urban Areas Security Initiative - A~lication Cover Sheet Applicant: Core City / Transit Agency Contact Information: Authorized Agent Mailing Address Name/Title City, State, Zip Code Area Code/Office Telephone Number E-Mail Address Maximum Amount Allocated (see page 7 of this Guide) $ Total Amount Requested (as shown on the Project Narrative and Budget Worksheet) $ Certification and Signature of Authorized Agent 1 am the duly appointed Authorized Agen/ and have the authority to apply for this grant and submit this application on behalf of /he Core City / Transit Agency. By signing below, 1 hereby certify that the enclosed application represents the consensus of/he Core City, Core County, Transit Agency, and/or the Urban Area Working Group, as appropriate. Printed Name Signature of Core City/rransit Agency Authorized Agent Date Tille Signature of Core County Point of Contact (neededfor Urban Area applications only) Printed Name Title Date . AJ'l]l1icatlon reviewedlCJrllUt award approved by: N~tne' 11,10 l'>tlll11 Pet1'Olmance Poriod: OIlS lD # Catalog of Fede,.1 IDomes!:ic Assistance ,#97,008 " ." ~ ,. FY04 Urban Areas Security Initiative Page 67 Attachment A FY04 Urban Areas Security Initiative Funding Distribution by Jurisdiction If a core city or transit agency distributes any part of their allocation to another jurisdiction, a breakdown of the funding distribution must be submitted as part of the application package. Using the following format, indicate the amount of funds retained by the core city or transit agency, and the amount distributed to whichjurisdiction(s). . Jurisdiction Amount Core Citv/Transit Agency Grand Total NOTE: The Grand Total must equal the total amount requested, as shown on the Project Narrative and Budget Worksheet. FY04 Urban Areas Security Initiative Page 68 Attachment A Governing Body Resolution BE IT RESOL VED BY THE (Governing Body) OF THE THAT (Name of Applicant) OR (Name or Title of Authorized Agent) OR (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal fmancial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Passed and approved this day of ,20_ Certification I, , duly appointed and (Name) 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 Position) (Signature) (Date) FY04 Urban Areas Security Initiative Page 69 Attachment A Instruction Sheet for the Governing Body Resolution Purpose Authorized Agent(s) Authorized Agent Changes The purpose of the Goveming Body Resolution is to appoint individuals to act on behalf of the governing body and grant recipient. The Goveming Body Resolution allows for the appointment of individuals or positions. For each person or position appointed by the goveming body, submit the following information, with the Resolution, to the state on the applicant's letterhead: [J Jurisdiction [J Telephone [J Grant Program [J Fax # [J Name [J Cell Phone # [J Title [J E-Mail Address [J Address [J City [J Zip Code · If the Governing Body Resolution identified Authorized Agents by position and/or title, changes can be made by submitting new Authorized Agent information to the state, as indicated above. · If the Goveming Body Resolution identified Authorized Agents by name, a new Resolution is needed when any changes are made. The information listed above must also be submitted with the new Resolution. FY04 Urban Areas Security Initiative Page 70 Attachment A Grant Assurances Name of Applicant: Address: City: State: Zip Code: Telephone Number: ( ) Fax Number: ( ) E-Mail Address; As the duly authorized representative of the applicant, I certify that the applicant named above: 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 Califomia. 2. Will assure that grant funds are only used for allowable, fair and reasonable costs. 3. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, 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. ~~ 4801 et seq.) which prohibits the use oflead based paint in construction or rehabilitation of residence structures. FY04 Urban Areas Security Initiative Page 71 Attachment A 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 U.S.C. S 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.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 SS 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; g. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. S 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; h. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; 1. Title 28, CFR, Part 35; j. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and k. 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 Uniform 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 offederal 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 ofinsurable construction and acquisition is $10,000 or more. FY04 Urban Areas Security Initiative Page 72 Attachment A 11. 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 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445,2446,2447 and 2448. 15. Has requested through the State of Cali fomi a, 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 Califomia 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 Califomia. c. Separately account for interest eamed on grant funds, and will return all interest earned, in excess of$IOO per federal fiscal year. FY04 Urban Areas Security Initiative Page 73 Attachment A 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.F.R. 900, Subpart F). 17. 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 witb 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 U.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 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. 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." FY04 Urban Areas Security Initiative Page 74 Attachment A 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 certif'y 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. 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) funds that have been appropriated for the same purpose. 26. Will comply with all applicable federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govern the application, acceptance and use of Federal funds for this federally-assisted project. FY04 Urban Areas Security Initiative Page 75 Attachment A 27. Will comply, and assure the compliance of all its sub grantees 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, and all other applicable Federal laws, orders, circulars, or regulations. 28. Will comply with provisions of28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofIdentifiable 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 (EPA) list of Violating Facilities and that it will notifY the Federal Grantor agency of the receipt of any communication from the Director of the 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 of the Americans with Disabilities Act (ADA) 1990. 31. Will, in the event a Federal or State court or Federal or State administrative agency makes a fmding 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 fortb 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 (16 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. FY04 Urban Areas Security Initiative Page 76 Attachment A 36. Understands that failure to comply with any ofthe above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: FY04 Urban Areas Security Initiative Page 77 Attachment A Urban Areas Security Initiative Reimbursement Request for Grant Expenditures Award # Mail Reimbursement Request to: Applicant: Core City! Transit Agency Governor's Office of Emergency Services Grant Payments Unit Post Office Box 419023 Rancho Cordova, CA 95741-9023 OES In #; Please mark this box to indicate a change in the Authorized Agent Mailing Address belowD Total Expenditures Project # Solution Area Expenditure Period (from/to dates) for the Expenditure Period . . Grand Total Under penalty of perjury, I certify that: · I am the duly authorized officer of the claimant herein. · This claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances. Authorized Agent (Per Governing Body Resolution) Printed Name Phone Number Title E.Mail Address Mailing Address Fax No. City, State, Zip Code Signature Date FY04 Urban Areas Security Initiative Page 78 Attachment A Instruction Sheet for the Reimbursement Request Applicant Award Number OES ID # Address Cbanges Project Number and Solution Area Expenditure Period Total Expeuditures for the Expenditure Period Authorized Agent Information Mail Supporting Documents The applicant is the core city/transit agency, as identified in the original grant application. Do not identify any sub-departments or offices as the applicant. The award number is identified on tbe Notification of Application Approval letter. The OES ID# is the core city/transit agency's identification number as identified on the Notification of Application Approval letter. Indicate a change in address by checking the box shown and noting the new address in the area marked "mailing address". Indicate the project number and solution area as noted for the project on the Project Narrative and Budget Worksheet. Indicate the expenditure period for which funds are being requested. Identify the month and year for the beginning and ending of the period covered by this request. This is not the Peiformance Period listed on the Notification of Application Approval letter. The grant recipient may indicate different from/to dates for each project. The expenditure period cannot cross state fiscal years, therefore, separate requests must be submitted for expenditures incurred on or before June 30, and on or after July 1. Indicate the total expenditures for the expenditure period. Based upon the total expenditures and amounts previously paid to the grant recipient, the state will automatically calculate the funds that can be paid, and will process a payment request for that amount. Complete all line items requested and ensure that the fonn is signed by an Authorized Agent named in the Governing Body Resolution Mail the original to the address identified at the top of the request form. Supporting documents are not required to be submitted with the Reimbursement Request; however, the state reserves the right to request documentation at any time. Grant recipients are reminded to maintain documents that support the expenditure amounts shown on the request. FY04 Urban Areas Security Initiative Page 79 Attachment A Appendix F - State Homeland Security Strategy - DRAFT Goal and Objectives #1 Goal and Objectives #2 Goal and Objectives #3 Goal and Objectives #4 Goal #1: Institutionalize terrorism emergency planning in California's multi- hazard emergency planning and response processes. Obiectives: 1.1 Update the State Emergency Plan Terrorism Annex. 1.2 Update Local Planning Guidance on Terrorism. 1.3 Incorporate Terrorism into the State Multi-Hazard Mitigation Plan. 1.4 Develop/update procedures needed to implement terrorism plans. 1.5 Exercise terrorism plans and procedures. 1.6 Integrate training and exercise programs. 1.7 Train personnel on terrorism plans and procedures. Goal #2: Enhance public outreach, education and training efforts to address terrorism events. Obiectives: 2.1 Support the development and capabilities of Citizen Corps and other community-based organizations. 2.2 Evaluate Citizen Corps and related programs for long-term effectiveness. Goal #3: Ensure emergency responders have the equipment necessary for multi-discipline response to terrorism events. Obiectives: 3.1 Administer the Homeland Security Grant program. 3.2 Administer state portion of equipment funds. 3.3 Meet equipment related training needs. Goal #4: Enhance regional response capabilities for terrorism events. Obiectives: 4.1 Conduct regional exercises. 4.2 Evaluate regional response capabilities based on exercises. Continued on next page FY04 Urban Areas Security Initiative Page 80 Attachment A Appendix F - State Homeland Security Strategy - DRAFT, Continued Goal and Objectives #5 Goal and Objectives #6 Goal and Objectives #7 Goal #5: Enhance intelligence sharing and evaluation efforts to deter, prevent, and respond to terrorism events. Objectives: 5.1 Support intelligence collection, analysis, and dissemination operations. 5.2 Meet intelligence/prevention related training and exercise needs. 5.3 Meet intelligence/prevention related equipment and capital improvement needs. Goal #6: Enhance security at all identified critical infrastructure sites. Obiectives: 6.1 Update list of all critical infrastructure sites in California, otaffectirig California's security. 6.2 Assess the vulnerability of all critical infrastructure sites in California. 6.3 Enhance security at all critical infrastructure sites in Califomia. Goal #7: Incorporate Recovery element in all plans and procedures to ensure the capability to recover from a terrorism incident. Obiectives: 7.1 All jurisdictions will develop, review, or update appropriate plans to include Recovery. 7.2 Train and exercise personnel on Recovery procedures. Page 81 FY04 Urban Areas Security Initiative Attachment A Appendix G . Abbreviations and Acronyms A AAR After Action Reports AEL Authorized equipment list APCO Association of Public-Safety Communications Officials B BSIR Biannual Strategy Implementation Reports C CAP Corrective Action Plan CAPR Categorical Assistance Progress Reports CBRN Chemical, Biological, Radiological and Nuclear CBRNE Chemical, biological, radiological, nuclear, and explosive CCP Citizen Corps Program CDP Center for Domestic Preparedness CERT Community Emergency Response Teams CFDA Catalog of Federal Domestic Assistance CMD California Military Department CNG Califomia National Guard CSID Centralized Scheduling and Information Desk D D&B Dun and Bradstreet DHS U.S. Department of Homeland Security DPETAP Domestic Preparedness Equipment Technical Assistance Program DUNS Data Universal Numbering System E EMS Emergency Medical Services F FAR Federal Acquisition Regulations FID Flame Ionization Detector FOIA Freedom ofInformation Act FSR Financial Status Report G GAN Grant Adjustment Notice GC/MS Gas ChromatographlMass Spectrometer GIS Geographic Information System Continued on next page FY04 Urban Areas Security Initiative Page 82 Attachment A Appendix G . Abbreviations and Acronyms, Continued H HAZCAT Hazard Categorizing HazMat Hazardous materials HDER Homeland Defense Equipment Reuse HEP A High Efficiency Particulate Air HSEEP Homeland Security Exercise and Evaluation Program HSGP Homeland Security Grant Program I lAB Interagency Board ICS Incident command system IP Improvement Plan IWN Integrated Wireless Network J JRIES Joint Regional Information Exchange System L LETPP Law Enforcement Terrorism Prevention Program LLEA Lead Law Enforcement Agency LOCES Letter of Credit Electronic Certification System M M&A Management and administrative MILES Multiple Integrated Laser Engagement System MRC Medical Reserve Corps N NFPA National Fire Protection Association NIMS National Incident Management System NIOSH National Institute for Occupational Safety and Health o OC Office of the Comptroller ODP Office for Domestic Preparedness OMB Office of Management and Budget Continued on next page FY04 Urban Areas Security Initiative Page 83 Attachment A Appendix G . Abbreviations and Acronyms, Continued P P APR Powered Air Purifying Respirator P APRS Phone Activated Paperless Request System PASS Personnel Alert Safety System PID Photo-Ionization Detector PPE Personal Protective Equipment S SAA State Administrative Agency SCBA Self-Contained Breathing Apparatus SEL Standardized Equipment List SHSAS State Homeland Security Assessments and Strategies SHSP State Homeland Security Program SHSS State Homeland Security Strategy SPOC Single Point of Contact T TCV Total Containment Vessel U USAR Urban Search and Rescue V VIPS Volunteers in Police Service W WMD Weapons of Mass Destruction FY04 Urban Areas Security Initiative Page 84 Attachment A Attachment B PROFESSIONAL SERVICES AND SOFTWARE LICENSE AGREEMENT BETWEEN KNOWLEDGE COMPUTING CORPORATION AND THE CITY OF NEWPORT BEACH 'It/1 THIS AGREEMENT is made and entered into as of this L day of January. 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and KNOWLEDGE COMPUTING CORPORATION, an Arizona State corporation, whose principal place of business is 6601 East Grant Road, Tucson, AZ 85715 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Effective January 23, 2004, the City was designated as the lead agency and grant administrator for the monies allocated by the federal government for the Orange County Integrated Law and Justice Project (OCILJ), a Countywide . effort and multi-phase project to integrate the diverse information systems of all criminal justice agencies in the County, pursuant to a COPS MORE grant. These grant monies are held by City on behalf of the OCILJ Steering Committee. The OCILJ Steering Committee, chaired by Chief of Police Bob McDonell of Newport Beach, makes decisions on how these funds are distributed. C. The OCILJ Project Steering Committee seeks to procure services from a responsible vendor to provide a technical and operational solution to enable the Justice agencies in the County to share information with each other from their records management systems and related databases, and to provide a set of tools that can be used to analyze the data in those systems across jurisdictional boundaries. This particular and critical phase of the OCILJ Project is known as the "RMS/CMS Information Sharing Project," and is being undertaken by the City of Newport Beach on behalf of the justice agencies in Orange County, California. D. The funds currently allocated under the COPS Office grant are insufficient to implement the entire OCILJ Project and complete the RMS/CMS Information Sharing Project phase. Santa Ana and Anaheim have received a grant entitled "FY04 Urban Area Security Initiative" (UASI grant) from the Federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance Countywide emergency preparedness. The OCILJ Project, especially the portion related to data sharing among agencies within the County, will substantially enhance homeland security by significantly improving the accessibility and speed of transfer of criminal justice Attachment B and suspect data between the justice agencies within the County, thus improving investigative abilities and reducing the potential for terrorism or terrorists to go undetected. Consequently, the Santa Ana and Anaheim Urban Areas will fund through the FY2004 UASI grant a substantial portion of the project that enables data and information sharing, as well as the data analysis and intelligence tools in support of homeland security objectives. E. The RMS/CMS Information Sharing Project (hereinafter the "Project") includes the supply of required computer software and hardware as well as integration, implementation and training services. There are two objectives for the Project: 1. To enable sharing of data from justice agencies' records management systems (RMS), case management systems (CMS) and related databases across the County in support of enhanced homeland security and criminal investigations. 2. To acquire and implement a set of data analysis/intelligence tools in support of enhanced homeland security and crime-related investigations. The Project is structured in two phases. Phase 1 is designed to establish the data sharing solution and will enable the sharing of citation data from the Orange County Superior Courts, five police records management systems (Newport Beach, Irvine, Garden Grove, Brea, and the new release of the RMS System being implemented to serve the West Covina Consortium, consisting of Cypress, Seal Beach and other Orange County agencies that elect to be served by the Consortium), and the Orange County Sheriffs Department's RMS and LARS (Local Arrest Records System, including their Mug-shot database) systems. Search and analysis tools will be acquired and deployed to allow for the flexible export of data as well as analysis within the provided toolsets. Phase 2 involves the incorporation of the approximately 17 additional remaining police RMS systems throughout the County and portions of the District Attorney and Probation Department's CMS systems into the infrastructure of the Data Solution System. Phase 2 will be performed by Contractor on an incremental, work-order basis as agencies add their RMS system to the integration platform. F. Contractor is a privately held corporation based in Tucson, Arizona that specializes in developing khowledge management technology, particularly for law enforcement entities. The company's product line includes the COPLlNK Solution Suite Software product, which provides law enforcement agencies with advanced information search and analysis Gapabilities (hereinafter referred to as the "Contractor Software" or "Software"). G. City, as grant administrator for the OCILJ, solicited bids from interested vendors and received a proposal from Contractor. City has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services for the Project, and to provide the software and hardware components necessary to implement the Project, under the terms and conditions set forth in this Agreement. 2 Attachment B H. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement, and City desires to engage Contractor to provide these services. I. Contractor has entered into a subcontracting agreement with Unisys to provide the computer hardware necessary for the Project. J. The principal member of Contractor for purposes of the Project shall be Bradley Cochran, Deployment Manager for Knowledge Computing Corp. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: ,ft,...' The term of this Agreement shall commence on the ~day of January 2005, and for service under Phase 1, shall terminate on the 30 day of November 2005, unless terminated earlier as set forth herein. The term of this Agreement for services under Phase 2 shall begin upon the successful completion and final acceptance by City of services performed under Phase 1, and shall continue for a period of five years thereafter, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Contractor shall diligently perform all the services in both Phase 1 and Phase 2 as described in and modified by this Agreement, the Scope of Work attached hereto as Exhibit A, and in the Contractor's Proposal for a Records Management System Data Sharing Solution dated September 15, 2004 (hereinafter the "Proposal"), attached hereto as Exhibit B and incorporated herein by reference. The City may elect to delete certain tasks of the services at its sole discretion. Contractor shall warrant services performed and provide maintenance and support services for a period of three (3) years from the date of final acceptance of services performed under Phase 1 of this Agreement, and of individual systems installed under Phase 2, according to the terms described in Exhibits A and B. 2.1 Contractor agrees to provide, among other things, the latest release of the COPLlNK software available at the time of installation of the Project, which shall include modifications of the Administrative Tools available to audit COPLlNK use to the satisfaction of City, by insuring they are configured in such a way as to allow them to be interpreted by the casual user of the system. 2.2 Contractor agrees to provide City with the computer hardware to implement the Project, which is described more fully in Appendix E of 3 Attachment B Contractor's Proposal. City reserves the right to substitute the hardware configuration specified by the Contractor in its Proposal with a comparable manufacturer as part of final System Design discussions. 2.3 Contractor agrees to provide what is described as "Coplink Light" software for use in a mobile computing environment as part of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion according to the schedule outlined . in the Proposal. The failure by Contractor to perform the services by this deadline may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand"delivery or mail. 3.3 Contractor and City understand that Phase 2 will likely stretch over a period of several years. RMS systems will be integrated into the final system design as they come on line and stabilize, and the agencies that own them are ready to embark on the integration. As agencies are ready to add their RMS system to the final system platform, a work order will be issued for one or more RMS systems. Work orders may overlap and there may be lulls in implementation activity should agencies not be ready to move their systems to the integrated environment. . 4. COMPENSATION TO CONTRACTOR AND BILLING: City shall pay Contractor for both Phase 1 and Phase 2 services on a fixed-price, milestone basis in accordance with the provisions of this Section, the Scope of Work attached as Exhibit A and the Proposal attached hereto as Exhibit B. In no event shall Contractor's compensation exceed the total contract price of One Million, One Hundred Twenty-Three Thousand, Nine Hundred Twenty- Seven Dollars and Seventy-Two Cents ($1,123,927.72) for Phase 1 of this Project without additional authorization from City. Contractor agrees to accept 4 Attachment B the specified compensation, as more fully set forth herein, as full compensation and remuneration for all costs of services in Phase 1 of the Project, including direct and indirect charges, supervision, labor, equipment, warranties, training, machinery, travel costs, mileage and any other expenses incurred by Contractor. No additional compensation for Phase 1 shall be made during the term of this Agreement without the prior written approval of City. Contractor agree to perform all Phase 2 work for an amount not to exceed the amount of Four Hundred Eighty-Two Thousand, One Hundred Twenty-Five Dollars and Twenty-Eight Cents ($482,125.28), which will be authorized by City on a work-order basis, as provided herein. 4.1 Payment milestones for Phase 1 of the Project shall be as provided below. Terms used are as defined in the Scope of Work: 1 2 3 3% per system to maximum of 24% of contract value Percent of Contract Value 5% 10% 15% 4 5 6 7 8 nated facilit 10% 10% 10% Balance of Contract Value 4.2 Contractor shall submit invoices in accordance with the milestone payment schedule outlined above. Contractor's invoices shall include the name of agency/department where services were provided, a brief description of the services performed and/or the specific milestone in the Scope of Work to which it relates, the date the services were performed, and a description of any reimbursable expenditures. City shall pay Contractor no later than sixty (60) days after approval of the invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Proposal and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 5 '" Attachment B 4.5 Mutually agreed costs for Extra Work shall be added to the total contract price for the applicable phase. Payment shall be incorporated into the milestone payment schedule in the same percentages as outlined for the original contract. 4.6 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the total Phase 1 contract price provided for in this Agreement, no further payments shall be made until City has accepted the final Phase 1 work under this Agreement. 4.7 Phase 2 will be contracted on a work-order basis as agencies add their RMS system to the integration platform. Payments for Phase 2 work shall be based on the Phase 2 pricing included in Exhibit B, Contractor's proposal, and shall utilize a payment schedule with a milestone model as documented above. 4.8 Contractor acknowledges and agrees that in no event shall City's general fund monies be used to pay for services in either Phase 1 or 2 of the Project. City is acting solely as the administrator of the COPS MORE grant funds, which are held in trust by City on behalf of the OCILJ Steering Committee. In the event these funds are inadequate to pay for the costs of the Project, Contractor acknowledges and agrees that neither City nor its general fund shall be required to make up the shortfall. 5. SOFTWARE LICENSE Contractor hereby grants to City, a perpetual, non-exclusive and non- transferable license to use for the internal business purposes of City and participants in the OCILJ as designated by City any and all Contractor Software provided to City under this Agreement in accordance with the terms and conditions set forth in this Agreement. 6. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. . This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Bradley Cochran to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit B or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6 Attachment B 7. ADMINISTRATION This Agreement will be administered by the Newport Beach Police Department. Captain Paul Henisey shall be the Project Administrator and shall have the authority to act for City under this Agreement The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 8. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Provide access to, and upon request of Contractor, one copy of existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's work schedule. 9. STANDARD OF CARE 9.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 9.2 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. 9.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 10. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions. causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, 7 Attachment B without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate, directly or indirectly, to any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Contractor]) or Contractor's presence or activities conducted on the Project, including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 11. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City, Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 12. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies, cities an\l other governmental entities that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 13. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 8 Attachment B 14. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 15. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance _of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. SiGnature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's Risk Manager. . D. Coveraqe Requirements. i. Workers' Compensation Coveraqe. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for' all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. 9 ."- Attachment B ii. General Liability Coveraqe. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability CoveraQe. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability 'and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 10 Attachment B v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timelv Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be prpvided under this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint venture. 17. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services. The subcontractors authorized by City to perform work on this Project include Unisys, and are identified in Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. . Nothing in this Agreement shall create any contractual relationShip between .City and subcontractor nor shall it create any obligation on the part of City to payor to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred. contracted or subcontracted out without the prior written approval of City. 11 .c: Attachment B 18. OWNERSHIP I INTELLECTUAL PROPERTY (A) Contractor has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems (collectively, "Contractor Technology"). To the extent that Contractor uses any of its intellectual or other property in connection with the performance of its services, Contractor shall retain all right, title and interest in and to such property, and, except for the license expressly granted, City shall acquire no right, title or interest in or to such property. (8) City has permanent ownership of all directly connected and derivative materials first produced under this Agreement in connection with the Services by Contractor for delivery to the City, excluding any Contractor Technology contained therein. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor without the express written consent of the City shall use none of the documents, reports and other incidental or derivative work or furnished materials except in providing the Services hereunder. All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Agreement will at all times remain the property of the City. (C) City shall have the right to use the trademarks and name of Contractor, but shall not have the right to use the narnes of the inventors of the Contractor's Software without the written consent of the party whose name is desired to be used. 19. COMPUTER DELIVERABLES All system and project management documentation including (but not limited to: design documents, as-built documentation, working papers, test results, training materials and other written documents shall be delivered in hard copy and transmitted to City in an electronic version using Microsoft Office Products, including Microsoft Word. Excel and Project readable by City. 20. SOURCE CODE ESCROW All application source code authored by the Contractor shall be placed in a source code escrow account acceptable to the City. All updates to the software provided to the City and its assigns and agents shall be placed into the account as long as 12 Attachment B the City and its assigns have a valid maintenance support arrangement with the Contractor. In the event that the Contractor becomes insolvent or is found to be in breach of its support agreement with the City, the City shall be given access to the source code in escrow and shall have the right to contract with another vendor for the ongoing maintenance and enhancement of its installation. 21. WARRANTY AND ONGOING MAINTENANCE SUPPORT 21.1 General Warranty: Contractor hereby represents and warrants for the benefit of City that, for a period of 90 days from the date of final acceptance, and after each update or revision thereof, all COPLlNK Software products and ETL (ExtractfTransfer/Load) services will substantially conform to the representations made in the Contractor's Proposal. Equipment provided by Unisys as part of the subcontracting Agreement between Contractor and Unisys is subject to standard Unisys product warranties and licensing. 21.2 Warranty of Title: Contractor represents and warrants that it owns the Software, or has a right to license the Software, as described in this Agreement and Exhibit B. 21.3 Annual Maintenance Plan: Contractor shall maintain and support the Software subject to the terms outlined in the Scope of Services, attached hereto as Exhibit A. City has opted to purchase the three-year warranty package outlined in Contractor's Proposal. 21.4 Response Times: During the warranty period, the Contractor shall provide 4-hour on-site response to a system deficiency that affects 10 or more workstations, or one server or impacts average transaction time by more than 20%. Staff must be available to respond Monday through Friday from 8 am to 5 pm, Pacific Standard Time. 21.5 Routine Maintenance: During the warranty period, Contractor will visit the site at least once every 12 weeks, and at that time verify that all system components are operating within specifications and upgrade all system components to the latest available software release. Operating systems need not be upgraded as new releases are issued but all maintenance patches available must be installed on the servers on the monthly visits. 22. ACCEPTANCE OF DELlVERABLES For each project deliverable, Contractor will present the OCILJ Project Coordinator with a Deliverable Acceptance Statement. The project coordinator should sign and return a copy of this form to the Unisys Project Manager. If the OCILJ does not return a signed copy, or a written description of any perceived deficiencies in the service within fifteen (15) days after receipt of the Deliverable Acceptance Statement, then the services will be deemed accepted. 13 ,-; Attachment B 23. CONFIDENTIALITY (A) Contractor agrees to maintain the confidentiality of its records pursuant to all statutory laws relating to privacy and confidentiality as now in existence or as hereafter amended or changed. "Confidential Information" shall include criminal history information and records, Contractor's research and development plans and reports, the computer code for the Contractor Software (both source and object code), the functionality or manner of operation of any computer code (including without limitation screen designs and flows), or any other designs, techniques, methods, specifications, drawings, sketches, processes, trade secrets, product information, print-outs, formulae, samples, prototypes, systems and components, marketing or promotional information, and any other information marked confidential or accompanied by correspondence indicating such information is confidential exchanged between the parties hereto. All records and information concerning any and all matters referred to Contractor by the City shall be considered and kept confidential by Contractor and Contractor's staff, agents, subcontractors, and employees. Information obtained by a party in the performance or receipt of the Services under this Agreement ("Confidential Information") shall be treated as confidential and shall not be used by the other party for any purpose other than the performance or receipt of the Services under this Agreement. (8) Each party shall maintain the Confidential Information of the other party in confidence using at least the same degree of care as it employs in maintaining in confidence its own proprietary and confidential information. but in no event less than a reasonable degree of care. Confidential Information shall not include information which (i) shall have otherwise become publicly available other than as a result of disclosure by the receiving party in breach hereof, (ii) "Was disclosed to the receiving party on a non-confidential basis from a source other than the disclosing party, . which the receiving party believes is not prohibited from disclosing sLich information as a result of an obligation in favor of the disclosing party, (iii) is developed by the receiving party independently of, or was kno,wn by the receiving party prior to, any disclosure of such information made by the disclosing party, or (iv) is disclosed with the written consent of the disclosing party. A receiving party also may disclose Confidential Information to the extent required by an order of a court of competent jurisdiction, administrative agency or governmental body, or by any law, rule or regulation, or by subpoena, summons or other administrative or legal process. (C) Contractor's employees assigned to this Project must meet character standards as demonstrated by background investigation and reference checks, coordinated by City. 14 Attachment B 24. INTELLECTUAL PROPERTY INDEMNITY The Contractor shall defend and indemnify City, its agents, officers, representatives and employees, against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Contractor's Deliverables and specifications provided under this Agreement. 25. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 26. WITH HOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 27. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional expense shall be borne by Contractor. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 28. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other consultants or contractors in connection with the Project. 15 ,<,\ Attachment B 29. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provIsions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 30. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Captain Paul Henisey Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA, 92658-7000 (949) 644-3650 Fax 644-3693 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Mr. Thomas O'Neil Vice President of Operations Knowledge Computing Corporation 6601 East Grant Road Tucson, AZ 85715 (520) 574-1519 x118 Fax 31. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to 16 ~" Attachment B give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 32. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 33. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 34. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 35. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts, ambiguities or inconsistencies between this Agreement, the Scope of Services and the Proposal or any other exhibits attached thereto, the order of precedence in interpretation shall be as follows: The terms of this Agreement shall govern first, the terms of the Scope of Work shall govern second, and the terms of the Contractor's Proposal shall govern third. City specifically rejects and does not agree to the following provisions included in Contractor's Proposal: Paragraphs 6, 8, 9, 10, 17 and 26 of Appendix H, 17 r). Attachment B "Technical and General Assumptions." These provisions are not part of this Agreement. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 36. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 37. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisidns of this Agreement shall continue in full force and effect. 38. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 39. EQUAL OPPORTUNITY EMPLOYMENT Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 40. PUBLICATION AND PRESS RELEASES Contractor shall have the right to issue a press release(s) that references the Project immediately upon execution of this Agreement. City must approve the press release(s) prior to issuance. Contractor may also publish general details about any successful investigations that resulted from the use of its software applications, subject to privacy and security law, regulations and policies. City must approve any such references. 41. COUNTERPARTS This Agreement may be signed in any number of counterparts. IN WITNESS WHEREOF. the parties have caused this Agreement to be executed on the day and year first written above. 18 Attachment B APP711=RM Robin Clauson, City Attorney for the City of Newport Beach CONTRACTOR: Attachments: Exhibit A- Exhibit B - Scope of Work Proposal for a Records Management System Data Sharing Solution, dated September 15, 2004 F: users/caUshared/ag/ILK Knowledge Computing Corporation Contract.doc 19 ,,3 Attachment B Exhibit A - Scope of Work This section outlines the services, equipment, software and tools to be provided by the Integrated Justice System Vendor in the execution of the contract. The services and products described apply to the Integrated Justice System Search Tool, integrated data system and Analysis Tools. For the purposes of the scope of work, the Orange County Integrated Law & Justice Steering Committee considers all of these subsystems integral parts of a single system, hereafter referred to as the OCILJ Data Sharing Solution. The delivered system must meet the functional and technical requirements as detailed in Section REQ, Requirements. There are two components to the system. The first is an integration and data sharing solution that extracts data from existing records management systems and makes that information available to all participating agencies through a search user interface. The second component is a set of analysis tools that allows staff from the various agencies to manipulate and analyze the data extracted from the RMS, CAD and various other systems that may be added to the overall integration solution over time. For the purposes of this document, the scope of work may be divided into two phases. Phase 1 includes full implementation of the OCILJ Data Sharing Solution (data integration, search and analysis tools) including data integration of 3-7 police agency records management systems within Orange County and the court's citation database. Phase 2 includes the addition of the remaining police agencies into the integrated system and will be conducted on an incremental basis. Provision and implementation of the analysis tools is expected to be completed in Phase 1 of the project. A number of team members from each justice agency will be involved with the overall project. Actual team members will be selected at a later date, for the purposes of this document they are referred to as the Orange County Integrated Law & Justice (OCILJ) Working Group. The members of this team will fluctuate with the project schedule, depending on the timing of the work for a specific agency. The overall deciding body of the project includes officials from all involved police and justice agencies, referred to as the OCILJ Steering Committee. The scope of work will include the integration of data from court's citation database and a number of police agency records management systems; hereafter referred to as Phase 1 sites that will implement solution. The following sites are currently being considered for inclusion in Phase 1. Phase 1 Sites: No A 1 Brea 2 West Covina Consortium 3 Garden Grove PO 4 Irvine 5 New ort Beach 6 Oran e Count Sheriff Records Mana Tiburon West Covina Custom RMS Inter ra h Northro Grumman (PRC) Visionair 20 ~\I Attachment B 7 8 A final selection of Phase 1 sites will be determined at contract depending on the level of cooperation required and achieved with the RMS vendor and pricing and budget considerations. Vendors should base their pricing on the assumption that at least 3 Police RMS systems will be included in Phase 1. Phase 2 Sites: No Agency Records Management System 1. Huntington Beach PO Intergraph 2. Fullerton PO West Covina Services Group 3. Westminster PO Alliance PO, Cyrun Co~ 4. Tustin PO West Covina Services Group 5. los Alamitos PO West Covina Services Group 6. Fountain Valley PO West Covina Services Group 7. Buena Park PD Spillman 8. la Palma PO West Covina Services Group 9. Santa Ana PO Custom built 10. la Habra PO . West Covina Services Group -- 11. Orange PO Vision air RMS 3.0.5 -- 12. Costa Mesa PO Motorola PrinTrak -- 13. Anaheim PO Currently in procurement -- 14. Placentia PO 15. laguna Beach West Covina Services Group While Phase 1 sites will have their data shared in Phase 1, all of the participating justice agencies will be able to search, view and analyze the shared data during Phase 1. SOW 1 - General SOW1-1 location of Work The primary work location shall be in facilities provided by the Orange County Integrated law & Justice agencies in the State of California. The Vendor can complete much of the work in their own facilities. However, all requirements workshops, project management meetings, training and integration and acceptan'ce testing shall occur at the Primary Work location. These requirements are applicable to both Phase 1 and Phase 2. SOW1-2 Vendor Project Manager The Vendor shall assign a Vendor Project Manager to this project. The Vendor Project Manager will be the single point of contact responsible for all work undertaken by the Vendor. The Vendor Project Manager shall be on site in Orange County as needed through the duration of the project. Ouring implementation and up to provisional acceptance the Vendor Project Manager must be on site in Orange County at least 4 days every two weeks unless agreed to by the OCILJ Project Manager. At no time during the project, shall the project 21 ,f, Attachment B manager be on site less than 2 days in a calendar month. These requirements are applicable to both Phase 1 and Phase 2. SOW1-3 System Staff on Site Support For Phase 1, programmers and systems specialists capable of making any required changes to the system shall be on site on a full time basis for the duration of system integration testing, and on a half time basis through to provisional acceptance of Phase 1. Support personnel capable of restoring the system shall be available within 4 hours through Final Acceptance of the system. The same requirements apply to Phase 2 incremental projects. SOW 2 - Services SOW2.1 Inception For Phase 1, the Vendor shall meet with the Orange County Integrated Law & Justice project management as often as necessary over the period of 3 weeks to finalize the project plan, schedule initial meetings and workshops and agree and document project processes, procedures and reporting systems. For costing purposes, the Vendor should expect to meet onsite at least 3 days per week. For Phase 2, the Vendor shall meet with the Orange County Integrated Law & Justice project management as often as necessary, for each RMS system to be integrated, to finalize the project plan, schedule initial meetings and workshops and agree and document project processes, procedures and reporting systems. For costing purposes, the Vendor should expect to meet for 3 days for each site. This meeting period will commence within 3 weeks of the vendor being notified that OCILJ wishes to add an RMS system to the integration solution. Requirements for the number of days spent onsite for the Inception services are included here for cost purposes. Actual time requirements for Inception services may vary. SOW2-2 Site Surveys In conjunction with the inception meetings, the Vendor shall visit all sites included in the phase and work with technical personnel at that agency as well as the agency's RMS vendor to fully validate their approach and design for integration with the data at that site. During these visits the Vendor shall determine the installation requirements for the OCILJ Data Sharing Solution components to be installed and the suitability of the facilities and infrastructure of the sites to house the system and associated equipment. The findings of these examinations will be compiled by the Vendor and submitted to the OCILJ Steering Committee. OCILJ police agencies will implement physical plant electrical and network facilities to support the system based on the report provided by the Vendor. SOW2-3 Requirements Validation Workshops The Vendor shall conduct requirements validation workshops to walk through all of the Orange County Integrated Law & Justice requirements and determine the required configuration details. Workshops will need to be held for each site that 22 ')l/ Attachment B will be included in the OCILJ Data Sharing Solution. Logistics for the workshops shall be managed by the Orange County Integrated Law & Justice team members. These requirements are applicable to both Phase 1 and Phase 2. SQW2-4 System Design Documentation Following the requirements validation workshops the Vendor shall develop design documents detailing the configuration and any custom development. The documentation must be detailed enough for reviewers to understand the function and appearance of all screens. This documentation shall be submitted to the OCILJ Steering Committee for a 1 week review period. During the review period the Vendor shall update the project plan to reflect the configuration and customization effort. Following the OCILJ Steering Committee's review, the Vendor and the OCILJ Working Group shall finalize the design documents and project schedule. These requirements are applicable to both Phase 1 and Phase 2. SQW2-5 Development and Customization The Vendor shall perform the customizations outlined in the finalized System Design Documentation described above. These requirements are applicable to both Phase1 and Phase 2. SOW2-6 Configuration The Vendor shall undertake all configuration of the data sharing application, the Search Tool, and Analysis Tools to meet the requirements as defined in the workshops and design documentation. These requirements are applicable to both Phase 1 and Phase 2. SOW2-7 Interfaces The Vendor shall be responsible for implementing all aspects of the interfaces described in the requirements. The Vendor will be responsible for implementing the legacy system end of the interfaces, working with OCILJ staff to understand technical interface requirements and for liaising with RMS vendors to facilitate interfaces with OCILJ RMS's. As appropriate, the Vendor will utilize existing OCILJ relationships with RMS vendors. Each OCILJ agency intends to provide support for establishing relationships with RMS vendors and bUilding the interfaces for this project. but that support may not always be guaranteed. In cases where select police agency Records Management System vendors do not allow direct alterations for interfaces, the Vendor will liaise with RMS vendors for the creation of required interfaces. These requirements are applicable to both Phase 1 and Phase 2. SOW2-8 Integration Primary integration of the solution with outside systems will be the responsibilities of the Vendor. The Vendor shall be fully responsible for full integration' of the data sharing solution with the Search tool, Analysis Tools and current police agency RMSs. The Vendor will also be responsible for integrating the Data Sharing Solution with the ELETE system and the Orange County Court's citation database. The Vendor shall actively work with Orange County police agencies and courts, their staff, and any other contractors employed by 23 ~-:J Attachment B justice agencies within the county to support the integration of the Records Management Systems. These requirements are applicable to both Phase 1 and Phase 2. In some cases, the Data Sharing project team may experience problems with the integration, such as a lack of cooperation from an RMS vendor. OCILJ and the Vendor will utilize all reasonable resources to resolve integration problems. However, if the problem persists or the solution is cost-prohibitive, OCILJ reserves the right to change the sites that will be part of Phase 1. SOW2-9 Server Installation The Vendor will work with OCILJ agencies to understand existing infrastructure available for use on this project. In the event that more servers are required, the Vendor shall install, configure, test and commission all Server equipment and infrastructure required to support the system. The development server shall be installed and commissioned at the Primary Work Location prior to acceptance of the System Design Documentation by the OCILJ Steering Committee. The production environments must be installed and commisSioned 8 weeks prior to commencement of Data Sharing Solution Testing. In a number of cases, several police agencies may already own adequate hardware and server software. This hardware will be identified in Inception. These requirements are applicable to both Phase 1 and Phase 2. SOW2-10 Workstation Software Installation Systems that require the installation of workstation software are discouraged. In the event that a vendor solution requires workstation specific software be installed, the Vendor shall install all workstation software to support the application including any client application software. The Vendor can assume that Microsoft Windows NT, XP, 2000, 2003 and all standard Windows components already exist on all workstations, including Internet Explorer. These requirements are applicable to both Phase 1 and Phase 2. During Phase 1, up to 500 workstations at up to 10 different locations may be required. During Phase 2, the Vendor should assume that an average of 100 workstations will be required for each additional RMS system incorporated into the solution. SOW2-11 Project Management The Vendor Project Manager shall maintain a detailed schedule of activities for his/her team and update the schedule on a weekly basis until Provisional Acceptance of the system. The updated schedule shall, along with progress reports, be forwarded to the OCILJ Project Manager on a weekly basis. The Vendor Project Manager shall present the current status of the work at a meeting in Orange County every 2 weeks through the life of the project. Progress reports shall include a table listing all delivery milestones along with the originally scheduled date and the current target date and the number of changes to the date. 24 ~91 Attachment B The Project Management requirements are applicable to both Phase 1 and Phase 2. SOW 3 - Equipment and Software SOW3-1 Complete Solution The Vendor shall offer a complete solution including all hardware and software required to operate the production system. The Integrated Justice Working Group has a number of Windows 2000 servers and Microsoft SQL Server licenses. During negotiations and design, discussions will be undertaken to determine if the solution can be operated on the Group's existing infrastructure. SOW3-2 Primary Server and Infrastructure Environment The Vendor shall provide, deliver, install, configure and test the complete production server hardware and software environment in the selected data center location. All warranty and licensing agreements associated with this infrastructure must be in the name of the OCILJ Working Group or their designate. SOW3-3 Development I Test Server Environment The Vendor shall consult with the OCILJ Working Group and Steering Committee to ascertain the availability of development and test servers. dt new equipment will be required, the Vendor shall provide, deliver, install, configure and test the complete development server hardware and software environment in the selected data center location. All warranty and licensing agreements associated with this infrastructure must be in the name of the OCILJ Working Group or their designate. The Development and Test environment will be used by Vendor personnel to configure and do preliminary testing of the system prior to commissioning. The system must be sized to support the development and configuration that will be performed by the Vendor and must scale to the requirements for Phase 2. SOW3-4 Development Workstations The Vendor shall determine the number of required development workstations in the inception phase of Phase 1. The Vendor shall provide, deliver, install, configure and test the development workstations and a development local area network infrastructure to be used by Vendor personnEi!1. After the completion of Phase 1, the development workstations will continue to be used for Phase 2.. Any additional workstation requirements for Phase 2 will be determined in the Phase 2 inception phase. All warranty and licensing agreements associated with this infrastructure must be in the name of the Orange County Integrated Law & Justice Working Group or their designate. SOW3-5 User Workstations The Vendor shall provide specifications for user workstations as outlined in the submission requirements. If additional or altered specifications are created as a result of changes for Phase 2 implementation, the Vendor will reissue specifications for user workstations. 25 /)'1 Attachment B SOW3-6 System Software The Vendor shall provide, deliver, install, configure and test all Data Sharing Solution system software. The Vendor will be responsible for installing any client software that is required other than standard browsers on all workstations at Phase 1 sites and Phase 2 sites. All warranty and licensing agreements associated with this infrastructure must be in the name of the Orange County Integrated Law & Justice Working Group or their designate. SOW3-7 Data Integration and Web Development Tools The Vendor's responsibilities in this area are limited to providing the applications configuration and web development tools used to meet the requirements of the Data Sharing Solution defined in the System Design Documentation,and providing training and documentation on any proprietary products and tools supplied. SOW3-8 Third Party Software The Vendor shall provide, deliver, install, configure and test all third party software that is required to support the operation of the Data Sharing Solution on all of the server components as well as any items that are required other than those provided with Microsoft Windows XP/NT/2000/2003 or later operating systems on the workstations. All warranty and licensing agreements associated with this software must be in the name of the Orange County Integrated Law & Justice Working Group or their designate. SOW3-9 System Management Software The Vendor shall provide, deliver, install, configure and test all software that is required to effectively manage the server infrastructure and the applications. All warranty and licensing agreements associated with this software must be in the name of the Orange County Integrated Law & Justice Working Group or their designate. SOW 4 -Acceptance and Testing SOW4-1 Acceptance Acceptance of the Data Sharing Solution shall be conducted in a multistage process in Phase 1 and Phase 2. SOW4-2 Preliminary Acceptance Preliminary Acceptance shall be granted following the acceptable completion of Data Sharing Solution Testing and clearance of all deficiencies identified during Data Sharing Solution Testing. These requirements are applicable to both Phase 1 and Phase 2. SOW4-3 Provisional Acceptance Provisional Acceptance shall be granted following the acceptable completion of user acceptance testing and clearance of all deficiencies identified during user acceptance testing. 26 01"l Attachment B SOW4-4 Final Acceptance Final Acceptance in Phase 1 shall be granted after 16 weeks of operation without a system outage affecting more than 10 workstations or reducing system throughput by more than 20%. Final Acceptance in Phase 2 will follow similar guidelines but will be staggered, according to the project schedule. SOW4-5 Data Sharing Solution Testing This testing shall be conducted on each site Production System, prior to the commencement of system Integration Testing. If the solution consists of one central system for all sites, this testing will consist of individual testing for each site. The Vendor shall be responsible for developing and submitting a testing plan for approval by the OCILJ Steering Committee at least 4 weeks prior to commencing the testing. This testing shall completely test the operation of the Data Sharing Solution at/for each site. The testing shall also include load testing that confirms satisfactory operation with 100 concurrent users simulated. In addition to the testing proposed by the Vendor, the OCILJ Working Group may submit additional tests that must be completed by the vendor. Requirements for Data Sharing Solution Testing are applicable to both Phase 1 and Phase 2. SOW4-6 System Integration Testing System integration testing shall be conducted by the Vendor. The testing shall be conducted on the Production system prior to the commencement of training or user acceptance testing. The testing shall exercise all integration points and interfaces. The Vendor's primary responsibilities during this testing will be verifying operation of the Data Sharing Solution for all Phase 1 sites and repeating the system load test on the production system with all Phase 1 interfaces active. For Phase 2, system integration testing will also be conducted by the Vendor. The manner in which System Integration Testing will be conducted in Phase 2 will be determined in the Inception Phase. SOW4-7 User Acceptance Testing User Acceptance Testing shall be conducted following the System Integration Testing on the Production System. The testing will be conducted by the Vendor. The Vendor shall have personnel on site throughout the testing to address deficiencies and operational issues that arise. User acceptance testing will only be performed in Phase 1. However. if changes are introduced into the system as part of Phase 2 implementation, a subset user acceptance testing phase will be conducted. SOW 5 - Training SOW5-1 General Training Philosophy The Vendor shall develop and conduct all primary system training. Train the trainer courses shall not be used to train users for initial system startup. The OCILJ Working Group shall provide training rooms with furniture and network connection to the production server location. The OCILJ Steering Committee will designate between 2 and 10 personnel that will become staff trainers following acceptance of the system. These personnel will work with the Vendor to provide 27 <;\ Attachment B input into the operational aspects of the training materials and will be the primary reviewers of the training materials. They will also sit in the courses as instructor trainees to develop an understanding for how the material should be delivered. For Phase 2, training will be conducted by the OCILJ staff trainers. SOW5-2 User Training The Vendor shall develop and deliver a primary user training course to up to 100 users. Two classes shall be conducted simultaneously in 20 person classrooms. The curriculum must be sufficient to allow users with a basic understanding of the police agency's business to become proficient in the use of the system to conduct their day to day activities. SOW5-3 Administrator Training The Vendor shall develop and conduct a course suitable for system administrators. This course will be delivered two times in classes of up to 5 people. This course should contain detailed explanations of the technical administration of the Data Sharing Solution, including management of security. This service will primarily be provided as part of Phase 1. However, should a significant number of administrator resources be identified in Phase 2, additional administrator training courses may be required. SOW 6 - Documentation SOW6-1 General Documentation The Vendor shall provide complete product documentation (such as standard docs that accompany a purchased server computer) for all software and hardware components provided to the OCILJ Working Group as part of this contract. This requirement is applicable to Phase 1 and Phase 2 work. SOW6-2 Data Sharing Solution Systems Documentation Two hard copies 'and one electronic copy of all Data Sharing Solution system documentation shall be provided in Phase 1. If changes to the Data Sharing Solution systems documentation result from work performed in Phase 2, two hard copies and one electronic copy of updated Data Sharing Solution systems documentation will be provided in Phase 2. Data Sharing Solution systems documentation includes all project planning and execution deliverables. SOW6-3 User Documentation The Vendor shall provide all user documentation in an electronic format simultaneously accessible to all users in or affiliated with OCILJ police agencies. The documentation must be sufficiently detailed and complete so that a computer literate user could use it to learn all functions of the system. The documentation must incorporate instructions on how to use all features customized and configured for this installation. The documentation available after Phase 2 implementation or an incremental implementation in Phase 2 will reflect any changes resulting from Phase 2 work. 28 Attachment B SOW6-4 Training Documentation The vendor shall create two user manuals, one for using the Search Tool and another for using the Analysis Tools. Each training manual must be a substantive document that provides material for training all functionality within the solution. These training manuals must be approved by the project management prior to being released to end users. The Vendor shall provide at least 30 copies of each training manual to be distributed to personnel as they receive training on the use of the system. The Vendor shall also provide the OCILJ Working Group with editable electronic versions of these manuals in order that they may be updated and additional copies made for future training of new employees. The manuals must include a quick reference section that users may use on an ongoing basis as well as training exercises, examples of functions and instructions for basic operation of the system. It is expected that these quick references will be a supplement or subset of the online training materials specified above. Should changes to the training documentation be required as a result of Phase 2 changes, the Vendor shall provide 50 updated copies of a training manual to the OCILJ Working Group. SOW6-5 Technical Documentation The Vendor shall provide 2 sets of all hardware and third party software technical documentation for each site on which these items are installed. The Vendor shall provide 2 sets of technical documentation describing configuration. database mapping integration techniques, systems management and technical support procedures for the Data Sharing Solution for each site. These requirements apply to both Phase 1 and Phase 2. If changes to the technical documentation result from Phase 2 work, and those changes are applied to the Phase 1 implementation, updated technical documentation will be provided to the Phase 1 sites. SOW6-6 Database Documentation Wherever databases are established or significant work is done understanding existing databases, the Vendor shall compile documentation on the database structure and schema suitable to support ongoing support and further extension and expansion of th.ese databases. This documentation shall be left with the OCILJ Working Group for use as they see fit in the ongoing operation, maintenance and expansion of the system. SOW6-7 Data Mapping Documentation Data originating from each data source will be transformed (if required) and mapped to a corresponding Global Justice XML defined element. The Vendor must create and maintain documentation for each data source that includes the database fields mapped to the GJXML fields and the required transformations. This documentation will be a living document, and will continue to be updated as 29 07 Attachment B the project progresses. Over time, ownership of the documentation will pass to the OCILJ Working Group. The exact dates will be determined at a later date. SOW 7 - Warranty and Ongoing Maintenance Support SOW7-1 Warranty Support A system and installation warranty must be provided as part of the purchase of the system. Options for a one year and a three year warranty are required as part of the pricing submission. SOW7 -2 Warranty Components In addition to standard warranty provisions, for the purposes of this project, warranty is defined to include: · Annual software licensing during the warranty period . Telephone support . On site callout based outage support . Periodic preventative maintenance and monitoring visits · Upgrades to the latest version of application software as part of preventative maintenance , SOW7-3 Response times During the warranty period the Vendor shall provide 4 hour on site response to a system deficiency that affects 10 or more workstations, or one server or impacts average transaction time by more than 20%. Staff must be available to respond Monday through Friday from 8 am to 5 pm. SOW7-4 Routine Maintenance During the Warranty period, the Vendor will visit the site at least once every 12 weeks, and at that time verify that all system components are operating within specifications and upgrade all system components to the latest available software release. Operating systems. need not be upgraded as new releases are issued but all maintenance patches available must be installed on'the servers on the monthly visits. SOW7-5 Phase 2 Warranty Considerations For Phase 2, and each site that is integrated into the Data Sharing Solution, the Vendor shall offer options for 1year or 3 year warranties as outlined for Phase 1. No additional routine maintenance site visits are required as part of the Phase 2 warranties. . SOW7-6 Ongoing Maintenance Support The Vendor is expected to offer a range of ongoing support options for the OCILJ Steering Committee's consideration in the event that the Steering Committee opts to not select the 3 year warranty. One of those options may be a full on-site support option. SOW 8 - Work Not Included 30 <.?~ Attachment B The OCILJ police agencies have information technology groups and have been using the services of various consultants to serve the justice community for some time. The following services associated with this project will be undertaken by a combination of separate consultants and the OCILJ police agency information technology personnel and are not the responsibility of the Vendor. SOW8-1 Change Management Program The Vendor is not responsible for implementing or operating a change management or stakeholder communications program. These activities will be undertaken by OCILJ and its consultants. SOW8-2 Networking Facilities The OCILJ Working Group will implement all local and wide area network facilities other than those specifically requested in the Scope of Work. The Vendor's responsibilities are limited to specifying the improvements required to network infrastructure during proposal submission and as a result of the design effort and site visits. SOW8-3 Physical Plant and Electrical Service The OCILJ Working Group will implement all physical plant and electrical services based on the requirements the Vendor presents as a result of the site visits. SOW 9 - Proposal Revisions Through the evaluation process a number of items were reviewed and as a result, the following will apply: SOW9-1 Revised Hardware Solution The CONTRACTOR will provide an alternate hardware solution as outlined below as a replacement for the Unisys Server initially proposed. Revised Hardware Solution to be delivered by KCC I Unisys SOW9-2 Enhanced System Audit Functionality The CONTRACTOR will enhance their system audit functionality in conjunction with this project. The new functionality will include a plain language explanation of each transaction (search) conducted as well as a hyperlink that will immediately reproduce that transaction and display the result set to the user. It is understood that the result set will be based on data current in the system at time of execution. 31 af, Attachment B CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item NO.6 January 11, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Paul Henisey, Support Services Division Commander Bob McDonell, Chief of Police SUBJECT: APPROVAL OF CONTRACT WITH KNOWLEDGE COMPUTING CORPORATION TO PURCHASE DATA SHARING SOLUTION RECOMMENDATION: 1. Award bid and approve the attached contract to purchase Phases 1 and 2 of a Records Management System (RMS) Information Sharing solution from Knowledge Computing Corporation in the amount of $1,606,053, to be funded from ILJ UASI Grant Funds Account #7017-C1820802. Authorize the Mayor to execute the contract on behalf of the City. 2. Approve the attached "Sub-grantee Agreements to transfer or purchase equipment or services using Urban Area Security Initiative (UASI) Grant Funds" from the Cities of Santa Ana and Anaheim, and authorize the Police Chief to execute the agreements on behalf of the City. DISCUSSION: Backqround: On March 9, 2004, Council approved the acceptance of approximately $1.9 million in grant funds for administrative purposes, on behalf of the Orange County Integrated Law and Justice Project (ILJ), which is comprised of the entire Criminal Justice System in Orange County. In that prior communication, Council was advised that we were requested to administer the grants for the Project by the Orange County Chiefs' and Sheriff's Association as a result of some difficulties being experienced by the County of Orange in facilitating the approval of various elements of the Integrated Law and Justice Project. During the past year, the City of Newport Beach became part of the 2004 Urban Area Strategic Initiative (UASI) Grant from the Department of Homeland Security and administered by the Cities of Anaheim and Santa Ana for all of Orange County. In the Anaheim/Santa Ana UASI Strategy Report, a number of the stated goals and objectives Attachment B Contract Approval - Integrated Law & Justice Project January 11, 2005 Page 2 correspond to the efforts of the ILJ Project. The number one goal identified in the report is to, "Assess existing capabilities to develop and implement a County-wide real-time system for collection, analysis and dissemination of disparate data and information." This particular section identifies the use of consultants and existing work groups to assess capabilities and prioritize recommendations. It identifies the need to coordinate with subcommittees to evaluate various technologies and to obtain the necessary technology to support County-wide systems for the collection and dissemination of information. A part of the strategy also includes the analysis of information as it relates to terrorism or the use of Weapons of Mass Destruction (WMD). The ILJ Steering Committee, in conjunction with Deloitte Consulting, has been working on developing a plan for the integration and sharing of information systems throughout the Criminal Justice System in Orange County as part of the ILJ Strategic Plan. The plan includes such aspects as determining a govemance structure, identifying infrastructure and information systems currently in use or planned for the future, developing a pilot project involving a representative sample of agencies, finalizing the design and selecting a solution, and County-wide implementation. An ILJ evaluation team was established to work with the Deloitte Consultant to develop a Request for Proposal to acquire an RMS information sharing solution among all law enforcement agencies in Orange County. The RFP was released on August 10, 2004, and all responses were due by September 15, 2004. A Bidders Conference was held on August 20, 2004, at the Newport Beach Police Department to address any questions. A total of nine proposals were submitted from the following vendors or teams of vendors: · Avenade (Abbey Group, Forensic Logic) . Crossflo · Fatpot Technology · Global Software (i2, Microsoft, Critical Technology) · Knowledge Computing (Coplink, Unisys) · Oracle (CDI, i2) · Sierra (Templar, Visual Analytics, Open Networks) · SRNOrion (I magis) · . Speedtrack During the initial screening, three proposals were suspended from further evaluation due to either incomplete responses or shortcomings in the level of compliance to the specifications in the RFP. The three vendors eliminated at this stage were Global Software, Crossflo and Speedtrack. The remaining six vendors were invited to provide demonstrations to a second evaluation team of approximately 14 representatives from the various Criminal Justice Agencies, including four police chiefs. The invitation to Fatpot was later withdrawn when they changed their proposed solution. The five demonstrations were scheduled over a one-week period in October 2004. Attachment B Contract Approval- Integrated Law & Justice Project January 11, 2005 Page 3 A list of criteria was developed by Deloitte to assist the evaluation committee in comparing and analyzing each of the demonstrations. The evaluation committee observed each of the demonstrations and then ranked the various vendors according to the criteria. After compiling the rankings from each team member, it was determined that the Knowledge Computing Company with their Coplink solution achieved a higher . score in 9 out of the 11 categories and a significantly higher total score than any of the other vendors. The Coplink solution was clearly the preference of the evaluation committee members following the demonstrations. Of the five finalists, Knowledge Computing Company also submitted the lowest bid at $1.6 million for both Phase 1 and Phase 2 of the RFP. The order of bids for both phases is as follows: 1. Knowledge Computing - $1,606,053 2. Avenade - $3,656,347 3. Sierra Systems - $4,219,563 4. SRA - $4,279,057 5. Oracle - $5,121,431 Following the demonstrations, the analysis of the ran kings and review of the pricing, the evaluation team identified Knowledge Computing Company as the preferred vendor. Members of the evaluation team and our Deloitte Consultant initiated reference contacts and site visits. Several agencies using the Coplink product were contacted and all responded favorably to questions about Knowledge Computing and the Coplink software. Eight members of the evaluation team also participated in site visits to the Phoenix Police Department, Tucson Police Department, and the Knowledge Computing Company's corporate' offices in Tucson, Arizona. At each site, members of the evaluation team were impressed with the data sharing capabilities and the analysis portion of the software. Following the site visits, there was a unanimous recommendation on the part of the team members to enter into contract negotiations with Knowledge Computing on behalf of the Orange County Integrated Law and Justice Steering Committee. The funding for the Phase. 1 portion of the contract will come from the Santa Ana/Anaheim UASI grant funds. This grant provides 100% of the funds necessary for Phase 1 of the project and requires no local matching funds. Phase 2 of the project will also be funded with 2004 UASI Grant funds, even if a grant extension is required to allow use of those resources, assuming the contract cannot be concluded before the November 30, 2005, expiration of the grant. If the extension is not granted (which is not likely), funding will be allocated from the next round of approximately $20 million of UASI Grants just announced and scheduled to be released to Santa Ana and Anaheim in 2005 or, alternately, from the COPS Technology grants identified in the beginning of this report. . Attachment B Contract Approval - Integrated Law & Justice Project January 11, 2005 Page 4 CONCLUSION: This report summarizes a lengthy and thorough process to identify the requirements definition and bid specifications for a comprehensive data sharing and analysis program to serve the Criminal Justice System in Orange County. The results of that process were also thoroughly analyzed and as a result, we are requesting authorization to approve the attached contract and award bid to Knowledge Computing Corporation for Phase 1 and Phase 2 of the RMS Information Sharing Project in the amount of $1,606,053 and funded from the Orange County ILJ UASI Grant Account #7017- C1820802. The Integrated Law & Justice Project Steering Committee has also recommended approval of the bid award. Environmental Review: None required. Fundinq Availability: All funds required for this Project are Federal grant funds, authorized for expenditure under the Santa Ana/Anaheim UASI Grant Program. Both the City Of Anaheim and the City of Santa Ana have reviewed the proposed Contract between the City of Newport Beach on behalf of the Orange County Integrated Law and Justice Steering Committee and Knowledge Computing Company, and have concurred with the recommendation for approval of the expenditure. Submitted by: Approved by: ~~<J Paul He se, ('~ . Support Services Division 8/r 'JIlCfJdl Bob McDonell CHIEF OF POLICE Attachments: 1. Proposed Contract with Knowledge Computing Company 2. UASI Sub-grantee Agreement with City of Anaheim 3. UASI Sub-grantee Agreement with City of Santa Ana Attachment B