HomeMy WebLinkAboutORANGE, COUNTY OF, ORANGE COUNTY SHERIFF'S OFFICE - 2009
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W RK MAY llilT PROCEll 0 0 U
1 LERK OF COUNCI~
2 nATE: mOl & 0 833
A-2009-207
AGREEMENT TO TRANSFER FUNDS
FOR 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this 29th day of October 200~which date is enumerated
for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of
the State of California, hereinafter referred to as "COUNTY," and The City of Santa Ana - a municipal
corporation, hereinafter referred to as "SUBGRANTEE."
9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to
10 as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and
II accepted the Emergency Management Performance Grant from the Governor's Office of Emergency
12 Services (hereinafter referred to as "the grant").
13 WHEREAS, the purpose of the grant is to support comprehensive emergency management at
14 the state, tribal and local levels and to encourage the improvement of mitigation, preparedness, response
15 and recovery capabilities for all hazards, as set forth in Attachment A hereto (09 EMPG Program
16 Narrative), which is attached hereto and incorporated herein by reference.
17 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
18
COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
1.
19 reimburse SUB GRANTEE for reasonable and permissible expenditures for the grant purposes. In order
20 to obtain grant funds, SUB GRANTEE shall comply with the instructions and submit to SHERIFF all
21 required information and documentation, as set forth in Attachment B (EMPG City Application) hereto,
22 which is attached hereto and incorporated herein by reference.
23
Throughout their useful life, SUB GRANTEE shall use grant property and equipment
2.
24 only for grant purposes in accordance with Attachment A hereto.
25
SUBGRANTEE shall exercise due care to preserve and safeguard grant property and
3.
26 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
27 property and equipment as are necessary, in order to keep said grant property and equipment
28 continually in good working order.
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
Page 1 of4
1
5.
If grant property or equipment becomes obsolete, SUB GRANTEE shall dispose of it
2 only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
3 grant funds.
4
6.
SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
5 information in accordance with requirements. set out in the Attachment C (Emergency Management
6 Perfonnance Grant Program: Recipient Subgrant Guide for Local Governments Fiscal Year 2009),
7 which is attached hereto and incorporated herein by reference.
8
7.
By executing this Agreement, SUB GRANTEE agrees to comply with and be fully
9 bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Grant
10 Assurances) hereto. SUB GRANTEE shall notify COUNTY immediately upon discovery that it has not
11 abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C~
12 hereto.
13
8.
SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
14 Auditor General with respect to this Agreement for a period of three years after final payment
15 hereunder.
16
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9.
SUBGRANTEE agr~es to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, finn or corporation furnishing or supplying work,
20
services, materials or supplies in connectjon with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C. and D hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C~ hereto.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
21 I
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23/
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27
11.
SUBGRANTEE may pot assign this Agreement in whole or in part without the express
28 written consent of COUNTY.
CFDA: 97.042
Emergency Management Perfonnance Grant
Department of Homeland Security
Page 2 of4
1
12.
For a period of three years after final payment hereunder or until all claims related to
2 this Agreement are finally settled, whichever is later, SUB GRANTEE shall preserve and maintain all
3 documents, papers and records relevant to the work performed or property or equipment acquired in
41 accordance with this Agreement, including Attachments A, B, C, and 0 hereto. For the same time
5 period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the
6 agency from which COUNTY received the grant funds or their duly authorized representative(s), for
7 examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
8 request, during usual working hours.
9
13.
SUB GRANTEE shan; provide to COUNTY all records and information requested by
10 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
11 required to provide to the agency from which COUNTY received grant funds or other persons or
12 agencIes.
13
14.
COUNTY may terminate this Agreement and be relieved of the payment of any
14 consideration to SUB GRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
151 in this Agreement, including the applicable terms of Attachments A, B, C.o.l2. hereto, at the time and in
16 the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination,
17 COUNTY may proceed with the work in any manner deemed proper by COUNTY.
18
15.
SUBGRANTEE and its agents and employees shall act in an independent capacity in the
191 performance of this Agreement, including Attachments A, B, C, and 0 hereto, and shall not be
20 considered officers, agents or employees .of COUNTY or SHERIFF or of the agency from which
21 COUNTY received grant funds.
22 II
23 II
24 II
25 II
26 II
27 II
28 II
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
Page 3 of4
1 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
2 State of California.
3
4 DATED:
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16 DATED: October 29th
17
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CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
,200_
COUNTY OF ORANGE, a political'
subdivision of the State of California
By
Sheriff-Coroner
"COUNTY"
APPROVED AS TO FORM:
COUNTY COUNSEL
By ~c~~~~
Nicole A. Sims, Deputy
DATED:
7;/S-
/
,200 9
2009
, -
SUB GRANTEE:
~~..~
By FireChief~ Marc E. Martin
ATTEST:
_ Lf/fJ ~ .D. t/v7~A/
City Clerk v
DATED:
J. /.:L __20tJP
Joseph Straka
Assistant City Attorney
Page 4 of 72
Page 40f4
SHERIFF -CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA
SANDRA HUTCHENS
SHERIFF-CORONER
2644 SANTIAGO CANYON RD.
SILVERADO, CA 92676-9791
(714) 647-7000
September 3, 2009
UNDERSHERIFF
JOHN L. SCOTT
EXECUTIVE COMMAND
JACK ANDERSON
JOHN B. DAVIS
RICK DOSTAL
MICHAEL R. HILLMANN
MIKE JAMES
HOMELAND SECURITY DIVISION
Dear Sir or Madame:
The Orange County Sheriff-Coroner Department (Sheriffs Department), acting on behalf of the Orange County
Operational Area, has received authorization to begin spending of FY09 Emergency Management Performance Grant
("EMPG") funds.
The CD provided today contains the following documents:
City Application Form
Draft City Allocations
County Program Narrative
Grant Assurances
Transfer Agreement
City Claim Form
State Grant Guidance
Federal Grant Guidance
Please complete the following steps:
I. Notify Michelle Anderson if your agency does or does not intend to apply.
2. Complete the City Application Form.
o Have the Authorized Agent sign the application cover sheet (page 1).
o Have the City Manager sign the application form (page 2).
o Complete the Project Goals and Objectives, aligning your goals to those of the Operational Area.
o Complete the Budget Sheet.
o Include a completed Governing Body resolution (sample format provided).
3. Grant Assurances: Have your Authorized Agent sign four oril!inals of the Grant Assurances.
4. Agreement to Transfer Funds for 2009 Emergency Management Performance Grant: Complete four
oril!inals of the transfer agreement.
o Fill in the blanks on page 1.
o Have page four of each agreement signed by your Authorized Agent and signed/sealed by the City Clerk.
o Do not complete any of the attachments included in the agreement; these are for reference only.
Return the application, governing body resolution, and transfer agreements to Michelle Anderson by October 31, 2009.
If you have any questions or need additional information, please contact me at manderson@ocsd.org or 714-628-7158.
Sincerely,
Michelle Anderson
Grants Manager, Homeland Security Division
Orange County Sheriffs Department
PROUDL Y SERVING THE UNINCORPORA TED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES:
ALlSO VIEJO . DANA POINT . LAGUNA HILLS . LAGUNA NIGUEL . LAGUNA WOODS . LAKE FOREST . MISSION VIEJO
RANCHO SANTA MARGARITA . SAN CLEMENTE . SAN JUAN CAPISTRANO . STANTON . VILLA PARK
OC PARKS. DANA POINT HARBOR. JOHN WAYNE AIRPORT. OCTA . SUPERIOR COURT
.................
.. . .:. .. ... .
GY09 Emergency Management Performance Grant
City Application Cover Sheet
Applicant (City): City of Santa Ana
Authorized Agent Information:
Fire Chief, Marc E. Martin
Name of Authorized Agent
Contact Information:
Capt. Steve R. Snyder
Name of grant contact person
1439 S. Broadway Street
Mailing Address
Santa Ana, Calif. 92707
City, State, Zip Code
ssnyder@santa-ana.or2
Contact Email Address
714-323-4028
Contact Phone Number
Maximum EMPG Amount Authorized (from Allocation Sheet)
25.140
Total Amount Requested from Budget Worksheet
25.140
Application Checklist - All items below must be attached to this coversheet
[gJ EMPG Application Form
[gJ Project Goals & Objectives
[gJ Budget Sheet (50/50 Match)
[gJ City Council Resolution
[gJ Grant Assurances
Statement of Certification - City Authorized Agent
By signing below, I hereby certify that I am the duly appointed Authorized Agent and have the authority to
apply for the FY 2009 Homeland Security Grant Program, and the City's application represents the needs for
the Emergency Management Performance Grant.
Signature of Authorized Agent
Fire Chief
Title
Marc E. Martin
Printed Name
10/26/09
Date
Emergency Management Performance Grant Application Form
For the Period July 1, 2009 through June 30, 2010
Federal Fiscal Year 2009
It is hereby agreed that the City of Santa Ana
shall meet the following requirements to receive an Emergency Management Performance
Grant for the Federal Fiscal Year 2009:
To receive 100% of your city's allocated funds you must complete all of the items below. Completion
of individual items below qualifies the city to 33.3% grant funding.
1. A city representative will attend at least half of the OCEMO meetings conducted during the
grant performance period.
2. The city will participate in the Operational Area (OA) functional exercise, drill or OA Emergency
Operations Center (EOC) activation during the award performance period by:
IZI Activating their City EOC.
IZI Providing staff to support the OA EOC.
IZI Providing staff to another City's EOC.
Note: If no OA Exercise/drill is conducted then the City will automatically be eligible for this
portion of funding.
3. A city representative will participate in one of the OCEMO subcommittees as chair, co-chair or
active member.
Note: The City will receive a per capita allocation of the total funds available to cities, dependent upon
the number of cities that are participating in the EMPG funding program. The city will complete the
Orange County Operational Area EMPG Activities Certification Form which must be attested to by the
City Manager or designee.
City Manager Signature:
Date:
2009 EMPG Project Goals & Objectives
Applicant Name: City of Santa Ana
Operational Area Goals:
. Promote Continuous Improvement: Implement after action report recommendations, lessons learned,
and oversight committee recommendations. Utilize the lessons learned from previous exercises,
emergencies, disasters, and oversight reports to develop strategies to improve operational effectiveness.
. Support and Train Personnel for the Needs of Operational Demands: Provide core competency support
and ensure staff is well trained, their professional growth is fostered, and have the support/tools they
need to complete their work.
. Enhance Communications Capabilities: Explore, develop, and enhance Internet/Intranet capabilities,
and enhance the Operational Area Radio System to support core technology functions.
. Integrate Critical Federal Initiatives: Promote National Incident Management System (NIMS) and
National Response Framework (NRF) compliance. Maximize federal resources through planning and
coordination.
. Promote Technical Resources in Emergency Management: Integrate technical capabilities in all
elements of emergency management. Promote coordination and collaboration with internal and external
technical experts.
. Expand Operational Readiness: Develop staffing plans for appropriate resources during operational
events. Identify "core" business practices that must be maintained during an emergency deployment and
the staffing levels necessary to meet these needs. Develop policies and procedures for shifting
workloads for staff during deployment and upon return. Finalize implementation and rollout of the
Operational Readiness Team to facilitate efficient deployment of staff during emergencies and disasters
including the credentialing of emergency responders to be utilized for Emergency Management Mutual
Aid.
. Enhance Information-sharing Capacity: Enhance capacity to share and disseminate information and
programmatic guidance to all stakeholders, customers and emergency networks.
Applicant Goals:
Project #1
Goal
Promote Continuous Improvements
Objectives
The city will attend all OA AAR's for exercises and emergency activations.
Description:
The city will implement corrective actions from the late spring 2009 H1N1 Pandemic and develop a
Pandemic Plan.
Performance Measures:
Plan will be completed and approved by 01/01/10.
Project #2
Goal
Enhance Communication Capabilities
Objectives
Promote interoperability through amatuer radio communications.
Description:
The city will participate in the county wide RACES Win Link Project.
Performance Measures:
The Emergency Management & Homeland Security Office and RACES will recieve, install all Win Link
equipment, and integrate the system into EOC operations by 07/01/2010.
Project #3
Goal
Integrate Critical Federal Initiatives
Objectives
Ensure the city is in compliance with all National Incident Management System (NIMS) initiatives
Description:
The city will continue to promote the use of NIMS and ICS and will contintue to provide training to
employees. The city will continue to use NIMS and ICS during field responses, and in the EOC.
Performance Measures:
A city representative will attend at least 50% of all OA NIMS sub-committee meetings and meet all
NIMS requirements by deadline. The city will contintue to update the NIMCAST.
Proiect #4
Goal
Promote Technical Resources in Emergency Management.
Objectives
WebEOC
Description:
The city will continue to intagrate WebEOC in the EOC and will continue to support the OA
implementation.
Performance Measures:
A representitive will attend 50% of all WebEOC sub-commitee meetings and participate in the October
15, 2009 Great California Shakeout WebEOC Drill.
Proiect #5
Goal
Support and train personnel
Objectives
EOC and COOP Training
Descri ption:
The city will continue to train staff in EOC operations. In addtion, we will train city staff on the
implenation of the new COOP plan.
Performance Measures:
Provide COOP training to city staff by 07/01/2010. Provide EOC section specific training by
07/01/2010.
Emergency Management Performance Grant Budget Sheet
For the Period July 1, 2009 through June 30, 2010
Federal Fiscal Year 2009
Eligible cost categories are as follows:
Operating expenses
his includes salary, overtime, compensating time off and associated
inge benefits.
ecipients must follow their own established travel policy. If they
ave no established olic , the must follow the state's travel olicy.
his is defined as property having a useful life of more than one year
nd an acquisition cost of $5,000 or more per unit. Equipment must
e on the Authorized Equipment List (AEL) found on the Responder
nowledge Base (RKB) website (www.rkb.us).
his includes all items not defined as equipment such as printing,
ostage, communications, data processing, etc.
his includes funds allocated for contractual agreements.
Personal Services
Travel
Equipment
Contractors/consultants
Budgeted EMPG Funds
CATEGORY City's Budgeted Total Cost to be Requested
(not to exceed 500;., of the City's total)
Personnel $ 102,000 $ 51,000
Equipment $ 25,000 $ 12,500
Operating $ 10,000 $ 5,000
$ $
$ $
BUDGET TOTALS $ 137,000 $ 68,500
Governing Body Resolution
BE IT RESOLVED BY THE
(Governing Body)
OF THE
THAT
(Name of Applicant)
,OR
(Name of Title of Authorized Agent)
, OR
(Name of Title of Authorized Agent)
(Name of Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the
State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal
Department of Homeland Security and subgranted through the State of California.
Passed and approved this
day of
,20_
Certification
I,
, duly appointed and
(Name)
of the
(Title)
(Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the
of the
on the
(Governing Body)
(Name of Applicant)
day of
,20
(Official Position)
(Signature)
(Date)
PROGRAM NARRATIVE
The Orange County Operational Area (OA) seeks to integrate the Secretary's Emphasis Areas identified by the
State of California Emergency Management Agency into its goals and objectives for the period. These areas
include:
· Information Management Technology and Process: The OA is committed to constantly improving
emergency information management systems (technology and processes). (See Goals 1.4, 2.1, 2.13, and
3.4)
· Emergency Responder Credentialing Program: The Operational Area is in the preliminary stages of
credentialing emergency responders to be utilized in the Statewide Emergency Management Mutual Aid
system. (See 2.24)
· Alert & Warning: The OA coordinates an alert and warning system, AlertOC, on behalf of regional
jurisdictions. (See 2.24)
· Special Needs: The OA is conducting an ongoing analysis of and planning for evacuation and sheltering
needs of the OA's special needs population. A scoping survey was distributed to regional stakeholders
in March 2009. During the period of performance further planning around the evacuation and
transportation of special needs population will be conducted.
· Mass Evacuation: Mass evacuation planning and capabilities are an integral part of the OA's emergency
plans. As part of the ongoing process of updating existing plans, mass evacuation considerations will be
updated as needed.
· Care and Sheltering: The OA has a robust Shelter Committee that meets monthly to provide training
and information in regards to care and sheltering operations. A tabletop exercise was conducted in
February 2009 to provide a forum in which lessons learned from this exercise and real incidents to
enhance existing care and shelter plans.
· Planning: The OA has an Emergency Operations Plan working group which provides an open forum for
reviewing and revising each others' jurisdiction Emergency Operations Plans. These plans are them
submitted to CalEMA for review.
· Exercises: The OA has developed and maintains a five-year exercise plan, which includes exercises
ranging from tabletops to full-scale, county-wide to single agency. (See 1.9)
· Regional Catastrophic Planning: The OA collaborates with jurisdictions both within Orange County and
throughout the regional area. Catastrophic event planning, including equipment and communications
planning, includes neighboring jurisdictions and federal, state, and private entities.
· COOP and COG Planning: The OA routinely updates its plan to reflect current practices and
improvements identified through exercises, training, and activations. (See 1.4,2.24)
The Orange County Operational Area goals and objectives funded through the FY 2009 Emergency
Management Performance Grant are specifically to:
GOAL/
OBJECTIVE
ACTIVITY
T ASK(S) TO BE COMPLETED
GOAL/ ACTIVITY T ASK(S) TO BE COMPLETED
OBJECTIVE
1.4. Promote Implement after action report Review and implement the findings and
Continuous recommendations, lessons learned, recommended corrections from the
Improvement and oversight committee After Action Reports for the Operational
recommendations. Utilize the lessons Area Exercise Golden Guardian 2008
learned from previous exercises, and the Freeway Complex Fire.
emergencies, disasters, and oversight
reports to develop strategies to
improve operational effectiveness.
1.9. Support and Provide core competency support Update and attend existing training that
Train Personnel and ensure staff is well trained, their is provided to the Operational Area.
for the Needs of professional growth is fostered, and
Operational have the support/tools they need to
Demands complete their work.
2.1. Enhance Explore, develop, and enhance Participate in the Communications Sub-
Communications Internet/Intranet capabilities, and Committee to assist with the expansion
Capabilities enhance the Operational Area Radio of the Operational Area Radio System.
System to support core technology
functions.
2.12. Integrate Promote National Incident Develop and revise plans and
Critical Federal Management System (NIMS) and procedures to be National Incident
Initiatives National Response Framework Management System (NIMS)
(NRF) compliance. Maximize compliant. Integrate the National
federal resources through planning Response Framework (NRF) into these
and coordination. plans and procedures. Attend and
participate in the NIMS Sub-Committee.
2.13. Promote Integrate technical capabilities in all Participate in the WebEOC User Group
Technical elements of emergency management. to develop user training and enhance the
Resources in Promote coordination and system for the end users.
Emergency collaboration with internal and
Management external technical experts.
2.24. Expand Develop staffing plans for Participate in the Help Us Help You
Operational appropriate resources during Group. This group will work on
Readiness operational events. Identify "core" revising the Jurisdictional Information
business practices that must be System Forms, develop an activation
maintained during an emergency guide, continue AlertOC training, and
deployment and the staffing levels help enhance the Operational Area
necessary to meet these needs. Website. Attend and participate in
Develop policies and procedures for Orange County Emergency
shifting workloads for staff during Management Organization (OCEMO)
deployment and upon return. and the Sub-Committees. Conduct and
Finalize implementation and rollout participate in the Operational Area
of the Operational Readiness Team Exercise.
to facilitate efficient deployment of
staff during emergencies and
disasters including the credentialing
of emergency responders to be
utilized for Emergency Management
GOAL!
OBJECTIVE
ACTIVITY
T ASK(S) TO BE COMPLETED
3.4. Enhance
Information-
sharing Capacity
Mutual Aid.
Enhance capacity to share and
disseminate information and
programmatic guidance to all
stakeholders, customers and
emer enc networks.
Participate in the WebEOC User Group.
Help develop a Standard Operating
Procedure for WebEOC, training and
system development.
ACTIVITY
T ASK(S) TO BE COMPLETED
FV 09 EmergcllcyManagcmcnt Performance G,'ant
Assuram'es, C:ertifications, Terms, and Conditions
ASSlJRANCES
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements, including OMB Circulars A-87, A-I02, A-133; Executive Order 12372
(intergovernmental review of federal programs); and 44 C.F.R. pt.13 (administrative requirements for grants
and cooperative agreements). The applicant also specifically assures and certifies that:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial
capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper
planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the Dnited 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 agency directives.
3. 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.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the
awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 D.S.C. SS 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).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 D.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 D.S.C. S 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 D.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.
92-2S5), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) SS 523 and 527 of
the Public Health Service Act of 1912 (42 D.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
V.S.C. S 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and G) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and 111 of the Vniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide
for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
8. Will comply with the provisions of the Hatch Act (5 V.S.c. SS 1501-1508 and 7324-7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 V.S.C. SS 276a to 276a7), the
Copeland Act (40 V.S.C. S 276c and 18 V.S.C. SS 874), and the Contract Work Hours and Safety
Standards Act (40 V.S.C. SS 327-33.3), regarding labor standards for federally assisted construction
subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
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 V.S.C. SS 1451 et seq.); (f)
conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 V.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 V.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 V.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 V.S.C. 469a-l et seq.).
14. 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.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 V.S.C. 2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~ 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-
profit
Institutions.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program.
CERTIFICATIONS
Certification for Contracts. Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) 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 an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other 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 employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any 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 employee of Congress, or an employee of a
Member of Congress in connection with this commitment providing for the United States to insure or guarantee
a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions. Submission of this statement 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
statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT):
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR, Part 17:
A. The applicant certifies that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of
this certification; and
(4) Have not within a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this application.
3. CERTIFICATIONS REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: This certification
commits the applicant to compliance with the certification requirements under 44 CFR, Part 17 Government-
wide Requirementsfor Drug-Free Workplace (Grants).
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on whose
grant activity the convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
(t) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e) and (t).
4. SWEA TFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction,
abusive forms of child labor or exploitation of children in sweatshop labor. The applicant further declares
under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California
Department oflndustrial Relations website located at www.dir.ca.gov. and Public Contract Code Section
6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the
contractor's compliance with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1,2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits
which have otherwise been provided to all employees regardless of marital or domestic partner status.
TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subgrantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Public Contract Code ~l0410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Public Contract Code ~l0411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the contract while employed in any
capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency
in a policy-making position in the same general subject area as the proposed contract within the 12-month
period prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this
Agreement void. (Pub. Contract Code ~ 1 0420)
Members of boards and commissions are exempt from this section if they do not receive payment other
than payment of each meeting of the board or commission, payment for preparatory time and payment for
per diem. (Pub. Contract Code ~10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which
require every employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions, and applicant affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy ofa
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into
an agreement, authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources
Board or an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future State agreements
if the department determines that any of the following has occurred: the applicant has made false certification,
or violated the certification by failing to carry out the requirements as noted above. (Gov. Code 98350 et seq.)
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.
I Jurisdiction (Printed) I
I By (Authorized Signature) I
Printed Name and Title of Person Signing
I Date Executed II I
2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT
FUNDING ALLOCATION
Funding allocation is based upon the population figures from the California Department of Finance, January 2009 Cities and Counties Ranked by
Size, Numeric and Percentage Change. Sacramento, California, May 2009.
NOTE: These funding allocations are subject to change based upon the number of cities which apply and complete the activities agreed to on the
Application Form. Funds allocated to cities which do not apply or do not complete all the agreed to activities will be reallocated amongst grant
participants.
Orange County Operational Area Allocation $ 446,880
Orange County Operational Area Emergency Management $ 223,440
Legislative and Grant Tracking (OA Executive Board approved) $ 10,000
Estimated distribution to Cities (based upon all cities participating) $ 213,440
Total Population
ORANGE COUNTY CITIES As of 1-1-09 Percent Proposed Allocation
I ALISO VIEJO 45,683 1.5% $ 3,229
2 ANAHEIM 348,467 11.5% $ 24,632
3 BREA 40,176 1.3% $ 2,840
4 BUENA PARK 83,385 2.8% $ 5,894
5 COSTA MESA 116,479 3.9% $ 8,233
6 CYPRESS 49,647 1.6% $ 3,509
7 DANA POINT 37,082 1.2% $ 2,621
8 FOUNTAIN V ALLEY 58,309 1.9% $ 4,122
9 FULLERTON 137,624 4.6% $ 9,728
10 GARDEN GROVE 174,715 5.8% $ 12,350
11 HUNTINGTON BEACH 202,480 6.7% 14,313
12 IRVINE 212,793 15,042
13 LAGUNA BEACH 62,822 1 4,441
14 LAGUNA HILLS 6,205 .5% 1,145
15 LAGUNA NIGUEL ,208 .8% 1,782
16 LAGUNA WOODS 34 1.1% 2,363
17 LA HABRA 01 2.2% 4,750
18 LAKE FOREST 7 0.6% $ 1,306
19 LA PALMA 2.6% $ 5,538
20 LOS ALAMITOS 12,217 0.4% $ 864
21 MISSION VIEJO 100,242 3.3% $ 7,086
22 NEWPORT BEAC 86,252 2.9% $ 6,097
23 ORANGE 141,634 4.7% $ 10,012
24 PLACENTIA 51,932 1.7% $ 3,671
25 RANCHO SANTA MARGARITA 49,704 1.6% $ 3,513
26 SAN CLEMENTE 68,316 2.3% $ 4,829
27 SAN mAN CAPISTRANO 36,870 1.2% $ 2,606
28 SANTA ANA 355,662 11.8% $ 25,140
29 SEAL BEACH 25,913 0.9% $ 1,832
30 STANTON 39,480 1.3% $ 2,791
31 TUSTIN 74,825 2.5% $ 5,289
32 VILLA PARK 6,276 0.2% $ 444
33 WESTMINSTER 93,284 3.1% $ 6,594
34 YORBA LINDA 68,399 2.3% $ 4,835
Total for Orane;e County: 3,019,537 100.0% $ 213,440
CFDA 97.042
Emergency Management Performance Grant
Department of Homeland Security