HomeMy WebLinkAbout05424 - RIVERSIDE COUNTY OPERATIONAL AREA RE USE OF STATE HOMELAND SECURITY GRANT PROGRAM FUNDING APR 1 i 2999
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CALIFORNIA EMERGENCY MANAGEMENT, A ,(- E4^ NCY 1
CITY Ci-C?1;, ) / L
April 2009
Mr.David H. Ready (�DLt Ili
City Manager "d
3400 East Tahquitz Canyon Way, Suite OFC (, '\x
Palm Springs,CA 92262
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Dear Mr. Ready: 1
SUBJECT: NOTW41CATION OF TX 2003 SHSGP Part 2 GRANT CLOSEOUT
PY 2003 State Homeland Security Grant.Program (SHSGP)Part 2
Grant#2003-0035, CalEMA ID#065-55254
The California Emergency Management Agency(CalEMA), as the State Administrative Agency(SAA),
has officially closed out your homeland security grant program award as listed above. The CalEMA has
confirmed the following criteria have been met to allow for this final closeout process:
All approved work has been completed.
•. All funds have b neC requested"
r—.
• Reconciliation of actual costs to awards, modifications,reimbursements or advances has been
comlcted.
• Retention of grant documeatation/records shall be retained for a period of no less than three(3)
Years effective the date of this letter.
• Records for real property and equipment (more than$100,000 per single item) acquired with
federal funds shall be retained for no less than three(3)years after final disposition(OMB
Circular A-102 and 2 CFR Part 215).
•. A"Corrective Action Plan," if required, has been completed, submitted, and approved by the
CalEMA.
Please retain a copy of this letter for your records and a copy will be placed in your master file as well.
Thank you for your work in protecting Calitomia. We look forward to your continued collaboration
towards our homeland security strategy and appreciate your cooperation and support.For further
assistance or if you have any questions regarding this letter,please feel fi ee to contact your Grant
Management Division(GMD)program representative at 916-324-8908.
Sincerely,
BRFNAAN A.NT1712PIIY
Director, Grants Management
GOVERNOR ARNOLD SCHWARZFNFGGER • SECRETARY MATTeETTENHAUSEN
SACRAMENTO, CALIFORNIA 95814
(916) 324-8908 • FAX (916) 323-9633
N o k�44
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`Fr
o y N7 2 , MEMORANDUM OF UNDERSTANDING/AGREEMENT NO. 8
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as m a Between Riverside County Operational Area and the City of Palm Springs
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2� Regarding Use of State Homeland Security Grant Program Funding
5 On Behalf of Riverside County Operational Area
A. The United States Department of Homeland Security awarded 2006 Homeland
Security Grant Program grant funds to California to enhance the State's ability to
prepare for, prevent, and respond to terrorist attacks and other major disasters-
B. The State of California allocated funds from this grant to Riverside County
Operational Area, hereafter referred to as OA, so that the OA can assist the
State with its effort to prepare for, prevent, and respond to terrorist attacks and
other major disasters.
C. The Riverside County Board of Supervisors appointed a five-member Anti-
Terrorism Approval Authority, hereafter referred to as ATAA, to manage the
distribution of Homeland Security Grant Program funding and authorized the
Riverside County Fire Department Office of Emergency Services, hereafter
referred to as OES, to serve as the lead agency on behalf of the OA and also
serve as the legal entity and administrator for this Memorandum of
Understanding on behalf of the OA; and the City of Palm Springs for the benefit
of its Police Department ("Provider").
D. ATAA awarded grant funding to various Homeland Security related Project
Requests submitted by the Provider.
NOW THEREFORE, OES, on behalf of the OA, and the Provider do hereby covenant
and agree that Provider shall provide the services in return for financial considerations,
all in accordance with the terms and conditions contained herein of this Agreement and
all Attachments.
1. Definition
1.1 Material Deviation.
Requests of such a significant nature and identified as a material deviation
pursuant to ATAA's administrative rules and regulations.
1.2 Sole Source.
The supply of a good or service from only one supplier.
2. Project Description
2.1 Provider shall provide services outlined and specified in Exhibit A,
attached hereto and by this reference incorporated herein.
3. Period Of Performance
3.1 This Agreement shall be effective August 24, 2006 and continue in effect
through the performance period ending date determined by the Governor's
Office of Homeland Security.
4. Amount Awarded
4.1 This Agreement is in an amount not to exceed $50,000.00. Following are
the budgeted estimates for line items for this Agreement:
Software System (A.E.L Number) Grant Pays
Cyrun Software System (6.11.1) $50.000.00
Total $50,000.00
Grant Total $50,000.00
4.2 Availability of Funds. OES obligation under this Agreement is contingent
upon the availability of appropriated funds from which payment for
agreement purposes can be made. No legal liability on the part of OES
for any payment may arise until funds are made available to OES for this
Agreement.
5. Payment Request Process
5.1 OES shall reimburse Provider for services performed. OES is not
responsible for any costs incurred above or beyond the Agreement
amount.
5.2 Said reimbursement to Provider shall be in accordance with periodic
payment requests invoices, and other supporting documentation
submitted to OES by PROVIDER. Reimbursement is based upon
completion of deliverables in Exhibit A.
5.3 Provider shall ensure that grant funds are only used for allowable, fair, and
reasonable costs.
5.4 Provider shall promptly return to OES all funds received which exceed the
approved, actual expenditures as identified in this Agreement.
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5.5 The original invoice will be sent to:
Address: Riverside County Fire Department
Office of Emergency Services
Grants Unit
4080 Lemon Street, Basement— Room 8
Riverside, CA 92501
Each invoice shall contain a minimum of the following information:
Agreement number; copies of the purchase orders; invoices that include
numbers and dates; remittance address; quantities; item descriptions, unit
prices, extensions, sales/use tax if applicable, invoice total, and proof of
payment (i.e., voucher/warrant number, etc.); and proof of receipt such as
packing slips). In the State of California, government agencies are not
allowed to pay late charges, per Government Codes, Section 926.10.
Training and Planning reimbursement requests must include the following:
Summary of hours (names, dates, hours, salary, and benefits); copies of
timesheets; copies of certificates earned; copies of purchase orders (if
applicable); copies of invoices for class supplies (if applicable; and proof
of payment (voucher/warrant numbers).
6. Other Provisions
6.1 Independent Contractor. Provider and its agents and employees of
Provider, in the performance of this Agreement, shall act in an
independent capacity and not as officers of employees of Riverside
County.
6.2 Hold Harmless/Indemnification. Provider agrees to indemnify, defend and
hold harmless Riverside County, its officers, agents and employees from
any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, and any other person, firm, or
corporation furnishing or supplying work, services, materials or supplies in
connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation
which may be injured or damaged by contractor in the performance of this
Agreement.
6.3 Excess Funds. Provider shall notify OES if any of the following occurs:
• After completing the activities in Exhibit A or amendments to
thisAgreements and funds remain. Provider may request a non-
material modification within the performance period to purchase other
eligible items with the excess funds.
3
• Provider would like to return excess funds. To exercise this option,
Provider shall close out its award and state in the final performance
report the remaining funds are not necessary for the fulfillment of
Agreement obligations and Provider understands the excess funds will
be deobligated and unavailable for future expenses.
6.4 Disencumbrance of Funds. Provider agrees to spend funding timely and
according to the timeline in Exhibit A. Should spending fall below this
timeline, either of the following two things may occur:
• A mutually agreed upon amendment may be requested and approved
to revise the timeline.
• Remaining funds may be disencumbered. OES may begin the
disencumbrance process with ATAA six (6) months after this
Agreement is signed by both parties.
6.5 Assignment. This Agreement shall not be assignable by Provider in whole
or in part without the written consent of OES.
6.6 Non-Material Modifications. Non-material modifications may be made in
writing in the form of an amendment to this Agreement upon the mutual
consent of the parties on a quarterly basis during the effective period of
this Agreement. Failure to submit modification requests, and receive
written approval prior to expenditure, could result in a reduction or
disallowance of that part of funding. No oral understanding or agreement
not incorporated in this Agreement is binding on any of the parties.
6.7 Material Modifications. OES must forward and secure prior approval from
ATAA for any Provider requests for modifications that are material
deviations from Exhibit A. IfATAA approves, OES will notify Provider and
execute an amendment to this Agreement that reflects the material
modification.
6.8 Standardized Emergency Management System (SEMS) — Provider shall
comply with 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.
6.9 National Initiatives. Provider warrants and agrees to become fully
compliant with National Incident Management System (NIMS) in the
timeframe mandated by the federal government; and also support with the
Homeland Security Presidential Directive-5 (HSPD-5) and National
Response Plan.
4
6.10 Sole Sourcing. Provider understands that OES must secure State
approval prior to entering into a sole source contract. All sole source
requests must be submitted using the Request for Sole Source Contract,
attached hereto as Exhibit B.
6.11 Equipment. Provider shall:
• Purchase and provide invoices and proof by payment for all equipment
prior to August 31, 2007. .
• Comply the following procedures to manage equipment purchased with
funds from this Agreement: 1) Place equipment tags provided by OES
on all equipment. 2) Keep records for assets that include the: (a)
description, (b) identification number, (c) grant number, (d) owner, (e)
acquisition date, (f) acquisition cost, (g) percentage of federal
ownership, (h) location, use and condition, and, (i) disposition date. 3)
Conduct a physical inventory of these assets once during the two year
Agreement term, at a minimum. 4) Ensure that equipment purchases
are supported by purchase orders or other original documents
authorizing procurement and signed by appropriate authorities, and
packing slips or properly signed and dated itemized delivery
information. 5) Maintain a control system to prevent against loss,
damage or theft of equipment. 6) Maintain procedures so that
equipment will be kept in good condition. 7) Dispose of the equipment
with no further use value according to instructions provided by OES. 8)
Maintain equipment records for a period of three years from the end of
this Agreement.
• Ensure that equipment acquired or obtained is consistent with needs
identified in the State Homeland Security Strategy and is deployed in
conformance with that Strategy.
• Make equipment available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement
and deployment 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.
6.12 Interoperability. Provider agrees to include updates in the quarterly
performance reports indicating how the interoperable equipment
purchases are helping to meet the federal governments goal of
Interoperability among disciplines.
6.13 Supplanting. Provider agrees that funds reimbursed under this Agreement
will be used to supplement existing funds and will not supplant (replace)
non-federal funds-
5
6.14 Performance Reports. Provider shall prepare and submit quarterly and a
final performance reports using the form and instructions attached hereto
as Exhibit C, for the duration of this Agreement, or until all activities in
Exhibit A have been completed. The quarterly reports are due the
fifteenth of the following month after each quarter end throughout the
duration of the performance period. The final report should provide a short
narrative on what the grantee accomplished with the grant funds and any
benefits derived there from. Failure to submit performance reports could
result in a reduction in funding, suspension, or termination.
6.15 Records. Provider agrees to develop and maintain files that include
copies of all actions taken on this Agreement for a period of three years
after this Agreement ends. Failure to maintain all grant records for the
required retention period could result in a reduction of eligible grant
activities, and an invoice to return costs associated with the unsupported
activities.
6.16 Monitoring. OES will monitor Provider's administrative, programmatic, and
fiscal management of this Agreement. These reviews will include, but are
not limited to:
• Eligibility of expenditures
• Comparing actual activities and completion dates to those approved in
Exhibit A of this Agreement
• Confirming compliance with information provided on performance
reports and payment requests
6.17 Audits. Provider shall give the federal government, the General
Accounting Office, the Comptroller General of the United States, and
Riverside County, through any authorized representative, access to and
the right to examine all paper or electronic records, books, papers, or
documents related to this Agreement; and will establish a proper
accounting system in accordance with generally accepted accounting
standards or ATAA directives.
6.18 Suspension. OES may suspend Provider funding, in whole or part, for the
following reasons:
• Failure to expend funds in a timely manner consistent with the timeline
identified in Exhibit A.
• Failure to comply with ATAA requirements or other statutory
requirements set forth in the 2006 HSGP guidance.
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• Failure to make satisfactory progress toward the objectives set forth in
Exhibit A.
• Proposing or implementing substantial changes to Exhibit A to the
extent that, if originally submitted, Provider Project would not have
been selected for funding.
• Failure to submit performance reports.
6.19 Disputes.
• The parties shall deal in good faith and attempt to resolve potential
disputes informally. If the dispute persists, Provider shall submit to the
OES a written demand for a final decision regarding the disposition of
the dispute between the parties arising under, related to or involving
this Agreement, unless the OES, on its own initiative, has already
rendered such a final decision. If Provider is not satisfied with the
decision of OES, PROVIDER may appeal the decision to the ATAA.
• Pending the final resolution of any dispute arising under, related to or
involving this Agreement, Provider agrees to diligently proceed with the
performance of this Agreement, including the delivery of goods or
providing services in accordance with the State's instructions.
Provider's failure to diligently proceed shall be considered a material
breach of this Agreement.
• Any final decision of the OES or ATAA shall be expressly identified as
such, shall be in writing, and shall be signed by the Deputy Director,
Office of Emergency Services, or ATAA representatives if an appeal
was made.
6.20 Termination. The terms of this Agreement, as modified with the consent
of both parties, will remain in effect until the end of the performance
period. Either party upon 30 days written notice to the other party may
terminate this Agreement.
6.21 Compliance with Statutes and Regulations. Provider warrants and
certifies that in the performance of this Agreement, Provider will comply
with all applicable federal statutes, regulations, policies, guidelines, and
requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122,
and A-133, E.Q. 12372 and Uniform Administrative Requirements for
Grants and Cooperative Agreements contained in Title 28, Code of
Federal Regulations, Part 66 or 70, which govern the application,
acceptance and use of federal funds for this federally-assisted project.
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6.22 Notices. All correspondence and notices required or contemplated by this
Agreement shall be delivered to the respective parties at the addresses
set forth below and are deemed submitted one day after their deposit in
the United States mail, postage prepaid:
OES PROVIDER
Riverside County Fire OES City of Palm Springs
4080 Lemon Street Basement Police Department
Basement - Room 8 P.O. Box 1830
Riverside, CA 92508 Palm Springs, CA 92263
Attn: Grants Unit Attn: John Hardcastle
6.23 Entire Agreement. This Agreement, including any Exhibits, constitutes the
entire agreement of the parties hereto with respect to its subject matter
and supersedes all prior and contemporaneous representations,
proposals, discussions and communications, whether oral or in writing.
Authorized Signature on behalf of Authorized Signature
Riverside County Operational Area: City of Palm Springs:
Printed Name of Person Signing: Printed Name of Person Signing:
Mary Moreland David H. Ready
Title: pp-puty Director O.E.S. for Title:
County Fire Chief City Manager
Address: Address:
210 W. San Jacinto Avenue 3200 E. Tahquitz Canyon way
Riverside, CA 92570 Palm Springs, CR 92262
Date Signed: Date Signed:
igrrature: Signature:
APPROVED BY CITY COIL
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FY06 Homeland Security Grant Program
Work Plan
Exhibit A
Agency Name: Palm Springs Police Department
Objective Milestone Com letton Date _
Stengthen Interoperable
Communications Capabilities Prepare contract with Cyrun Company for multi-jurisdictional data sharing network Completed
Obtain contract signatures from Cyrun representatives Completed
Obtain contract signatures from City of Palm Springs representatives October4, 2006
Send check request to City of Palm Springs for initial payment of$50,000 October 5, 2006
Hold first planning meeting with Cyrun to begin project October 9, 2006