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HomeMy WebLinkAboutCounty of Orange - 2006-08-07E I TE. Council/Agency Meeting Held: [°,, ° Deferred/Continued to: i AAp roved ❑ Conditionally Approved ❑ Denied City s gnat# Council Meeting Date: 8/7/06 Department I umber: FD06-008 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN00­P`EC�LB RET�FT, D A, CITY ADMINISTRATOR PREPARED BY: DUANE OLSON, FIRE CHIEI� SUBJECT: APPROVE THE AGREEMENT WITH THE COUNTY OF ORANGE FOR FEDERAL FISCAL YEAR 2005 HOMELAND SECURITY GRANT PROGRAM Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City has received notification it successfully competed for a federal fiscal year 2005 grant award from the Department of Homeland Security for its 2005 grant program. This is a coordinated grant that was applied for on a countywide basis. The City of Huntington Beach falls within the Orange County Operational Area and will be funded via the County of Orange. In order to comply with the federal requirement regarding this funding, an agreement is necessary between the City of Huntington Beach and the County of Orange. Funding Source: Grant funds not anticipated in the original FY 2005/06 city budget, estimated to be up to $600,000, will be fully reimbursed by the grant from the Department of Homeland Security. No other matching or in -kind city funds are required for this grant. A new business unit will be established for this funding. Recommended Action: Motion to: 1. Accept the Department of Homeland Security Grant between the County of Orange and the City of Huntington Beach for federal fiscal year 2005; and 2. Approve and authorize the Fire Chief to execute the Agreement between the County of Orange and the City of Huntington Beach allowing the City to accept funding, equipment and/or property from the Department of Homeland Security grant for 2005. 3. Approve the appropriation of up to $600,000 to be reimbursed by the grant from the Department of Homeland Security via the County of Orange. Alternative Action(s): Do not approve the grant; reject the grant funding from the Department of Homeland Security, and direct staff accordingly. S:\PM-R2006 RCA\FD06 008 Approve the Federal Fiscal Year 2005 Homeland Security Grant Program.doc -2- 7/17/2006 3:11 PM REQUEST FOR ACTION MEETING DATE: 8/7/06 DEPARTMENT ID NUMBER: FD 06-008 Analysis: The group of cities comprising the Orange County Operational Area applied for funding through the Department of Homeland Security for the purchase of equipment/services and reimbursement of training costs associated with homeland defense. The Department of Homeland Security (DHS), via the State of California and the County of Orange, provides the funds. The funding is provided to enhance our countywide emergency preparedness for Weapons of Mass Destruction (WMD). In 2003, the cities and County of Orange adopted the Orange County Strategic Plan for Terrorist Response. This plan provides the framework and direction for countywide terrorism response and this funding supports the Orange County Strategic Plan. The total City of Huntington Beach grant is for up to $600,000. Since the County of Orange provides funding to all Orange County cities, actual funds will be based upon evaluation and prioritization of the requests submitted. The total grant amount for the City of Huntington Beach is unknown at this time. However, based on our size and threat potential, the funding could be as much as $600,000. Since this prioritization of requests will not take place until after all cities' agreements have been submitted, no business unit will be established until an award from the County of Orange is made. On September 17, 2001, the City Council adopted Resolution 2001-63, which authorizes the Fire Chief and other City officials to execute applications for WMD non -matching grants. If the City Council approves the attached agreement, the Fire Chief will execute it, which will allow the City to accept funding, equipment and/or property from the Department of Homeland Security for 2005. The authorizing resolution is attached for reference. Environmental Status: Not applicable. Attachment(s): Fiscal Impact Statement 2. IThree original copies of the grant agreement with the County of Orange 3 Resolution Number 2001-63 A Resolution of the City Council of the City of Huntington Beach Authorizing certain City Officials to Execute Weapons of Mass Destruction (WMD) Grant Applications and Documents S:\PMT\2006 RCA\FD06 008 Approve the Federal Fiscal Year 2005 Homeland Security Grant Program.doc -3- 7/17/2006 3:11 PM ATTACHMENT #,l CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELI.A, CPA, FINANCE OFFICER SUBJECT: FIS 2005-06 -25 APPROVE THE AGREEMENT WITH THE COUNTY OF ORANGE FOR FEDERAL FISCAL YEAR 2005- HOMELAND SECURITY GRANT PROGRAM DATE: JULY 5, 2006 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve the Agreement with the County of Orange for Federal Fiscal Year 2005- Homeland Security Grant Program." If the City Council approves this action (total appropriation $600,000) - there will be no effect on any fund's unappropriated fund balance because the amount of this contract will be fully reimbursed by the federal government. Dan Villella, Finance Officer ATTACHMENT #2 i .. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2005 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this day of A�6,U.sr 2006, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and M�DY) E)f( a (municipal corporation/special district/not-for- profit corporation), hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security, to enhance county -wide emergency preparedness, hereinafter referred to as "the grant', as set forth in the grant documents that are attached hereto as Attachments A and B and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or' to perform such other grant functions, if any, for which Attachments A and B permit SUBGRANTEE to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized agent. ` 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant funds only for those purposes permitted under the terms of the grant, and shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and repairs for said equipment as are necessary, in order to keep said equipment in continually good working order. Such maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for material and labor costs for any maintenance and repair of the said equipment throughout the life of the said equipment. 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies and/or services to include but not limited to upgrades, licenses and renewals of said equipment, technologies and/or services. 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded equipment only in accordance with the instructions of COUNTY. 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their I elected and appointed officials, officers, agents and employees from any and all claims and losses I accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or I corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A and B hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or I damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A and B I hereto. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A and B hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A and B hereto. // ' 1 21 3 4 5 6 7 8 o5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1' 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment I hereunder. 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 4 agreement not incorporated herein shall be binding on any of the parties hereto. 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A and B hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A and B hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A and B hereto, and shall not be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 3— is , 200y(p APPROVED AS TO FORM: COUNTY COUNSEL Nicole A. Sims, Deputy DATED: 06-• .2005 DATED: ATTEST: L DATED g /8 , 200 6 COUNTY OF ORANGE, a political subdivision of the State of California By Sheri - r" "COUNTY" SUBGRANTEE Duane Olson, Fire Chief LI-A AS TO FORM '�M',r ';'RATH I,(2,.a_0 Attachment A to Transfer Agreement FY05 Homeland Security Grant Program Application Cover Sheet for Operational Areas (Page 1 of 2) Applicant (county) County of Orange Authorized Agent Information: 2644 Santiago Canyon Road Mailing Address Silverado, CA 92676 City, State, Zip Code Maximum Amount Authorized (from Appendix A) Contact Information: Catherine Zurn, Captain Name/Title (714) 628-7194 Area Code/Office Telephone Number czurn(7a.ocsd.org E-Mail Address SHSP Amount Requested $ 5,266,673 LETPP Amount Requested $ 1,528,844 EMPG Amount Requested $ 364,366 MMRS Amount Requested $ 220,764 Total Amount Requested (from ISIP) Total Equipment Amount Requested for all Programs From ISIP $ 4,502,092 From Equipment Worksheet $ 4,502,092 $ 7,380,647 $7,380,647 FY 05 Homeland Security Grant Program OF rs.F.NjjCvwv TWrKPW . i!liOE Ai �1� �O�OyNNI'M tgll�t► 47R-lam" T9 FY05 Homeland Security Grant Program Application Cover Sheet for Operational Areas (Page 2 of.2) Applicant (county) County of Orange Statement of Certification - Approval Authority Body - SHSP and LETPP Only By signing below, I hereby certify that the Operational Area's application represents the Approval Authority Body's_ _.consen us.on _the Operational.Area.'s_B'Y-2005 Homeland -Security -Grant Program needs for the -State - Homeland Security Program and Law Enforcement Terrorism Prevention Program. Position/Designee County Public Health Officer/f k County Fire Chief Municipal Fire County Sheriff Chief of Police %�IyPrinted Name M r B. Horton Chip Prather Tim Riley ?d e"hael S. Carona John Welter Title Co. Public Health Officer Co. Fire Authority Chief Newport Beach Fire Chief Sheriff -Coroner Anaheim Police Chief Statement of Certification - County Authorized Agent - SHSP, LETPP and EMPG Only By signing below, l hereby certify lam the duly appointed Authorized Agent and have the authority to apply for the FAYHomelandSecurity Grant Program, and the Operational Area's application represents t needs r the State Homeland Security Program, Law Enforcement Terrorism Prevention Program, mg cy Management Performance Grant program. v U Michael S. Carona Sign u orized Agent Printed Name Sheriff -Coroner �j' Title IDate ,T i i k VOW VOW uci1.(V45S. ti�A `YC+'S;lrta a.^.. Q FY05 Homeland Security Grant Program The federal Department of Homeland Security, through the Office for Domestic Preparedness, is providing funding to California for emergency prevention, preparedness, and response personnel to prevent, deter, respond to and recover from threats and incidents of terrorism. The Fiscal Year 2005 Homeland Security Grant Program (FY05 HSGP) will support three separate programs: the State Homeland Security Program the Law Enforcement Terrorism Prevention Program, and the Emergency Management Performance Grant. Operational Areas are eligible to apply for this grant. The County of Orange, on behalf of the Orange County Operational Area, will be applying for a total of $7,159,883 distributed as follows: $5,266,673 for the State Homeland Security Program, $1,528,844 for the Law Enforcement Terrorism Prevention Program, and $364,366 for the Emergency Management Performance Grant. As part of the State Homeland Security Grant Program, Operational Areas are required to appoint an Anti -Terrorism Approval Body to determine the allocation of grant funding. The Approval Body consists of the Sheriff, the County Public Health Officer, the Chief of the Fire Authority, a municipal fire chief and a municipal police chief. The Approval Body has directed that the FY05 State Homeland Security Program funds are to be used to support the Operational Area in the following areas: fire services 20%; law enforcement 20%; health care 20%; and 40% is discretionary. This distribution can change with a 4/5 vote of the Approval Body if it is determined that their operational needs are different from the specified percentages. The Sheriff -Coroner will return to the Board when the grant is awarded with a more detailed breakdown of the distribution of grant funds. A maximum of 2.5% of the grant funds can be used for grant administration costs. The $5,266,673 in funding allocated for the State Homeland Security Program will be used in the following areas: • Planning = Planning for homeland security and emergency operations. • Equipment - Purchasing of specialized equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate incidents of terrorism involving the use of chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks. • Training - Costs related to the design, development, and conduct of a State CBRNE and cyber security training programs and attendance at ODP-sponsored and approved CBRNE and cyber security training courses. • Exercise - Costs related to the design, development, conduct, and evaluation of CBRNE and cyber security exercises. • Management and Administration Costs associated with the management of the SHSP and implementing State Homeland Security Assessments and Strategies (SHSAS). The $1,528,844 in funding allocated for the Law Enforcement Terrorism Prevention Program will be used in the following areas: • Planning — Planning activities associated with: information sharing; vulnerability assessments; and, development or review of security plans. • Organizational Activities - Overtime personnel costs to participate in information, investigative and intelligence sharing activities specifically related to homeland security. • Equipment - Purchasing of specialized equipment to: improve information sharing and intelligence activities; make vulnerable targets more resistant to attack, removal or damage; further recognize the potential or development of a threat; enhance capabilities to prevent domestic terrorism incidents; and, ensure interoperable communications between and among law enforcement agencies and other emergency service disciplines. • Training - Training activities associated with: building information sharing capabilities; methods of target hardening; improving the skills of security personnel; recognition of CBRNE threats; surveillance techniques; and other activities. • Exercise - Exercise activities to plan for, design, develop, conduct and evaluate exercises that train homeland security preparedness, prevention and response personnel, evaluate prevention and response plans, policy, procedures and protocols and assess the readiness of jurisdiction to prevent and respond to terrorist attack. • Management and Administration - Costs associated with the management of the LETPP and implementing State Homeland Security Strategy.. The $364,366 in funding allocated for the Emergency Management Performance Grant will be used in the following areas: • 50% is allocated to the 34 cities within the operational area. Each city's allocation is based on population. Each city is required to submit an application to the Operational Area. As part of the application award, each city is required to have a city representative attend a minimum of 6 OCEMO meetings, activate their EOC for an exercise once in the performance period, have a city representative participate in one OCEMO subcommittee and either activate their city EOC, provide staff to support the OA EOC or provide staff to another city's EOC. • 50% is allocated to the Operational Area for Orange County Operational Area training and EM coordination, OA warning and communication, to promote the EMPG, coordinate and participate in the Orange County Emergency Managers Organization monthly meetings, OA readiness and training and exercises. Budget adjustments related to the grant and authority to transfer grant funds to other jurisdictions in the Operational Area will be requested after the grant is awarded. The Sheriff -Coroner requests that the Board authorize the submittal of the grant application as referenced in the Recommended Actions. ATTACHMENT B 2005 HOMELAND SECURITY GRANT PROGRAM PROJECT LIST lCountywide GIS; Countywide Data Network and Countywide Fire CAD -to -CAD Page 1 of 1 Governing Body Resolution BE IT RESOLVED BY THE City Council (Governing Body) OF THE City of Huntington Beach THAT (Name of Applicant) Fire Chief (Name or Title of Authorized Agent) WD Emergency Services Manager OR (Name or Title of Authorized Agent) Emergency Services Coordinator OR (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California. Passed and approved this 17 th day of September , 20 01 See attached Resolution #2001-63 Dated September 17,2001 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) day of (Official Person) (Signature) (Date) (Name of Applicant) 20 Office of Homeland Security Grant Assurances Name of Applicant: city of Huntington Beach Address: 2000 Main Street City: Huntington Beach State: CA Telephone Number: 714/536-5411 Fax Number: 714/374-1551 E-Mail Address: Dolson@surfcity-hb.org Zip Code: 92648 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 subgranted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. I Will give the federal government, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as maybe 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 of lead based paint in construction or rehabilitation of residence structures. FY05 Homeland Security Grant Program 8. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 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. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. 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 of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. FY05 Homeland Security Grant Program 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. §§ 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. §.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. §§ 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 California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). FY05 Homeland Security Grant Program 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 with federal funds. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 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." 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 subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FY05 Homeland Security Grant Program 24. Agrees that equipment acquired or obtained with grant furids: a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 25. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-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. 27. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal 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 EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. FY05 Homeland Security Grant Program 31. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97- 348) dated October 19, 1982 (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. 36. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the 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: Fire Chief Duane Olson FY05 Homeland Security Grant Program Date: RESOLUTION NO. 2001-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE WEAPONS OF MASS DESTRUCTION ("WMD") GRANT APPLICATIONS AND DOCUMENTS WHEREAS, the City Council of the City of Huntington Beach desires to designate and authorize certain classifications in the city service as the City's agents for purposes of applying for and obtaining Weapons of Mass Destruction ("WMD") grants for equipment, supplies, and preparedness efforts, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Fire Chief, or the Emergency Services Manager, orlhe Emergency Services Coordinator, is hereby authorized to execute for and in behalf of the City of Huntington Beach, a public entity established under the laws of the State of California, any application to file for Weapons of Mass Destruction ("WMD") non -matching grants. 2. That the City of Huntington Beach, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the federal or state agency providing the grant for all matters pertaining to any such grant, the assurances and agreements required. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of September 2001. AT EST; /" City Clerk 69--o REVIEWED AND APPROVED: Cit dministrator Ni" 4 a4i4n, Mayor APPROVED AS TO FORM: 71-71D �`/,l � 1 City Attorney 1 INITIATED AND APPROVED: ? &QeA Fire Chief/Information Systems Director PDA: 2001 ResoL "Wmr)" ATTACHMENT #3 al RESOLUTION NO. 2001-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE WEAPONS OF MASS DESTRUCTION ("WMD") GRANT APPLICATIONS AND DOCUMENTS WHEREAS, the City Council of the City of Huntington Beach desires to designate and authorize certain classifications in the city service as the City's agents for purposes of applying for and obtaining Weapons of Mass Destruction ("WMD") grants for equipment, supplies, and preparedness efforts, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Fire Chief, or the Emergency Services Manager, or, the Emergency Services Coordinator, is hereby authorized to execute for and in behalf of the City of Huntington Beach, a public entity established under the laws of the State of California, any application to file for Weapons of Mass Destruction ("WMD") non -matching grants. 2. That the City of Huntington Beach, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the federal or state agency providing the grant for all matters pertaining to any such grant, the assurances and agreements required. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of September , 2001. AT EST; City Clerk 69-2--6l REVIEWED AND APPROVED: Cit dministrator �m 4 ut kn, Mayor APPROVED AS TO FORM: r . ' -7/1-7/a t I- ji, 1 City Attorney j I 1 -1 1 p INITIATED AND APPROVED: 9__ .o l Fire Chief/Information Systems Director PDA: 2001 Resol: "WMD" RCA ROUTING SHEET INITIATING DEPARTMENT: Fire Department SUBJECT: Approve the Agreement with the County of Orange for Federal Fiscal Year 2005 Homeland Security Grant Program COUNCIL MEETING DATE: August 7, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Applicable ❑Not ❑ (Approved as to form by City Attorney Certificates of Insurance ( Approved b the CityAttorne y� Attached Not Applicable Ely ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ ❑ Staff Report (If applicable) Attached Applicable ElNot ❑ Commission, Board or Committee applicable) Report If a p ( pp ) Attached Not Applicable El ❑ Findin Findings/Conditions for Approval and/or Denial g pp Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) E City Administrator (Initial) ( ) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Olson/Reynolds/Justen FY 2005 Homeland Security Grant Programs Transfer Agreement Letter Attached are four FY 2005 Homeland Security Grant Programs Transfer Agreements. Each has been signed by Sheriff Michael Carona. Below is a brief description of each item included in this packet. Agreement to Transfer Property or Funds for the 2005 Homeland Security Grant Program Purposes. This agreement needs to be signed by an authorized agent and go to Council for execution by the City Clerk. This agreement encompasses the following grant programs: • 2005 State Homeland Security Program (SHSP) • 2005 Law Enforcement Terrorism Prevention Plan (LETPP) • 2005 Emergency Management Preparedness Grant (EMPG) • *2005 Metropolitan Medical Response System (MMRS) *Anaheim, Huntington Beach & Santa Ana only 2. Attachment A - FY 05 Homeland Security Grant Program Application and 2 page summary. 3. Attachment B - Approved Project List. 4. Governing Body Resolution - This document needs to be executed by City Counsel naming one to three authorized agents. Authorized agents are allowed to sign documents on behalf of the city. 5. Office of Homeland Security Grant Assurances - This document needs to be signed by one of the authorized agents that are named in the Governing Body Resolution. 6. Please return three originals by August 15, 2006. Please mail original documents to: Orange County Sheriff's Department Emergency Management - JoDee Goetz 2644 Santiago Canyon Road Silverado, CA 92676 - C ?-,?/ Sender Account Number Preprint Format No. Payment Origin Wa bill Number Sender well be belled � FROM (Company) CITY. OF HUN.-TINGTON, PEACH Street WX". J?00M LOWERLEVEL Cit}y/y�g'p+ q jj. 3 y A;,z Sent by (Name/Dept) Attention; 8 unless marked otherwise BUR 3 Bill to: Account No (Required If 3rd Party Service Rec�eiver 3rd Party T . s s ype One box must .... ti.... a..: be checked, Check Amount Assume noon $ s s Paid in ❑ No unless noted. Advance I 10:30 am Belling Reference (will appear on Invoice) Extra charge. $ of ? 3`E # of Pkgs 1000AREOON fl�ight(LBS) Packag(.ng One box must be checked E�roa Expressother PackPackaging E $ Special Instructions Saturday Delivery Extra charge charge Hold at DHL '- Not avallable for all services may `Service and locations. vary vary by ❑ Lab Pack Service destination, visit www.dhl-usa.com i-' Shipment Valuation ABSENT AHIGHER SHIPMENT VALUATION, n CARRIER'S LIABILITY IS LIMITED TO Shipment Value $d� O V $100 PER PACKAGE, OR ACTUAL VALUE, Proiectlon �D -- - ---- V WHICHEVER IS LESS, SPECIAL OR CONSEQUENTIAL DAMAGES ARE NOT $r RECOVERABLE. SEE TERMS AND Payment Details Credit Card CONDITIONS ON REVERSE SIDE OF THIS y ( ) NON.NEGOTIABLE WAYBILL. Description. ry��46�T No. Type ExpirestWRBfS S n s ature Dqe JDHI-Slgnature Date DHL worldwide E06 xpress, Inc., (y/ 1200 South Pine Island Road, 8 !S Auth. Plantation, FL 33324 SENDER'S COPY 1 800 Call-DHL CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 17, 2006 Orange County Sheriff's Department Emergency Management — JoDee Goetz 2644 Santiago Canyon Road Silverado, CA 92676 Dear Ms. Goetz: CALIFORNIA 92648 Enclosed for your records are two original Agreements to Transfer Property or Funds for 2005 Homeland Security Grant Program Purposes between the County of Orange and the City of Huntington Beach. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreements G: followup:agrmtltr (Telephone: 714-536-5227 )