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CITYIOF HUNTINGTON BEACH t RLS No o ± 6
' REQUEST FOR LEGAL SERVICES _ Assn To
Jennifer McGrath, City Attorney Date 27 -2-4
Date Request made by Telephone Departmen
3-17-06 Mindy James X 5425 Police
INSTRUCTIONS File request in the City Attorney's Office Outline reasons for this request and state
facts necessary for City Attorney to respond Please attach all pertinent information and exhibits
TYPE OF LEGAL SERVICES REQUESTED
❑ Ordinance/Resolution ❑ Opinion Contract/Agreement
(Allow 5-20 working days)* (Allow 20 working days)* (Allow 15 20 working days)*
❑ General Legal ❑ Document Review
Assistance (Ongoing) (Allow 2 10 working days)*
*All deadlines are based on the date the City Attorneys Office receives the RLS
This request was reviewed and approved FR E C EICA- `
MAR 1 1 2006
Signature of Department Head City ci Nuntir�, ,�
CityAttorne ��
Ul
COMMENTS
Please identify all attachments to this RLS
Please review the attached 2004 State Homeland Security Grant Agreement to Transfer Funds Thank Youl
Shaded areas for City Attorney s Office use only
This request for Legal Services has been assigned to Attorney
extension f b His/her secretary is extension
Notes Date Completed
Attached, please find the 2004 transfer agreement Government Resolution and Grant
Assurances These items need to be signed by your agencies governing body and the
appointed authorized contact
This transfer agreement covers the items that have been purchased through the 2004
Homeland Security Grant and the upcoming services for the following items
* MIR3 - Automated notification system
* Web EOC
* TLO equipment and salary reimbursement
* Citizen Corp equipment/funds
Please print two of these documents for original signature detain one set for your agency
and return one set to OCSD Attn JoDee Goetz no later than April 30 2006 Please
contact JoDee Goetz at 714-628-7191 or goetzj@ocsd org
2
James, Mindy
From Tidrick Brian J
Sent Wednesday March 15 2006 11 09 AM
To James Mindy
Subject Fw 2004 Transfer Agreement
PED �
Lt Brian Tidrick
-----Original Message-----
FromGOETZ JODEE K
To btidrick@hbpd org
CC EARL JANELL B
Sent Wed Mar 15 07 53 17 2006
Sub3ect RE 2004 Transfer Agreement
Hello Brian
Web EOC and MIR3 are coming in the near future The citizen corps programs is your cities
volunteer programs such as CERT VIPS and Neighborhood Watch Your City has received from
the 2004 State Homeland Security Grant a Hazmat Command Post Vehicle Officer Training in
both Law Enforcement Response to Terrorism and Comm facer Response to Terrorism
(LERTI CORT) through our Katella facility and you TLO are submitting for reimbursement
for the training and meetings they attend The tra agreement needs to be signed and
you are listed as the law enforcement contact person fo your city This document must be
signed Every year your city signs one for the Homelan Security Grant and UASI grants
JoDee
From Tidrick Brian J [mailto btidrick@hbpd org]
Sent Tuesday March 14 2006 2 06 PM
To EARL JANELL B
Sub]ect RE 2004 Transfer Agreement
Janell
We don t have web EOC or MIR3 and I have never heard of Citizen Corp If TLO is the
Terrorism Liaison Officers we do have those but I didn t know they were eligible for
salary reimbursement Do I still need to have this signed)
Brian
-----Original Message-----
FromEARL JANELL B [mailto jbearl@ocsd org]
Sent Thursday March 09 2006 1 43 PM
To Bill Lewis Bill McDonell Brian Tidrick Cassandra Frye Correy Sianez Dan Llorens
Dave Freedland Dennis Gray HTate Jeff Bird Jeff Swaim Jim Engen Mike Shanahan
Patrick McKinley Ricks Hicks Steve Sanders Tim Olson Ward Smith
Cc GOETZ, JODEE K
Sub3ect 2004 Transfer Agreement
1
1
2 AGREEMENT TO TRANSFER PROPERTY OR FUNDS
3 FOR FY04 STATE HOMELAND SECURITY GRANT PURPOSES
4
5 THIS AGREEMENT is entered into this 4th day of April 2006 which
6 date is enumerated for purposes of reference only by and between the COUNTY OF ORANGE a
7 political subdivision of the State of California hereinafter referred to as COUNTY and
8 City of HUntington Beach a (municipal corporation/special distnct/not-for-
9 profit corporation),hereinafter referred to as SUBGRANTEE '
10 WHEREAS COUNTY, acting through its Sheriff-Coroner Department in its capacity as the
11 lead agency for the Orange County Operational Area, has applied for received and accepted a grant
12 from the State of California Office of Homeland Security to enhance county-wide emergency
13 preparedness hereinafter referred to as the grant as set forth in the grant documents that are attached
14 hereto as Attachments A and B
15 WHEREAS the terns of the grant require that certain grant funds or personal property or
16 equipment purchased with grant funds be transferred to SUBGRANTEE to be used for grant purposes
17 NOW,THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS
18 1 COUNTY shall transfer to SUBGRANTEE (grant funds/ personal property/ equipment)
19 as follows In Attachment C or as set forth in Attachments A
20 and/or C hereto which are incorporated herein by reference If the grant requires COUNTY to transfer
21 to SUBGRANTEE personal property or equipment that COUNTY has not yet acquired, COUNTY shall
22 transfer said personal property or equipment to SUBGRANTEE as soon after acquisition by COUNTY
23 as is reasonably practicable
24 2 If COUNTY transfers grant funds to GRANTEE GRANTEE shall use said grant funds
25 only to acquire personal property or equipment as set forth in Attachments A and/or C hereto and/or to
26 perform such other grant functions if any for which Attachment A and/or C permits SUBGRANTEE to
27 expend grant funds
28
Shenff 2003/382 Pagel of 4
1 3 Throughout their useful life, SUBGRANTEE shall use any personal property or
2 equipment acquired with grant funds only for grant purposes in accordance with Attachment A hereto
3 4 SUBGRANTEE shall exercise due care to preserve and safeguard personal property or
4 equipment acquired with grant funds from damage or destruction and shall provide regular maintenance
5 and such repairs for said personal property or equipment as are necessary in order to keep said personal
6 property or equipment continually in good working order
7 5 If personal property or equipment acquired with grant funds becomes obsolete
8 SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency
9 from which COUNTY received the grant funds
10 6 SUBGRANTEE shall execute the certification(s) that are attached hereto as
11 Attachment B and incorporated herein by reference
12 7 By executing this Agreement SUBGRANTEE agrees to comply with and be fully bound
13 by all applicable provisions of Attachments A, B and C hereto SUBGRANTEE shall notify COUNTY
14 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
15 Attachments A B or C hereto
16 8 SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
17 Auditor General with respect to this Agreement for a period of three years after final payment
18 hereunder
19 9 SUBGRANTEE agrees to indemnify defend and save harmless COUNTY and the
20 agency from which COUNTY received grant funds and their officers agents and employees from any
21 and all claims and losses accruing or resulting to any and all contractors subcontractors laborers and
22 any other person firm or corporation furnishing or supplying work services materials or supplies in
23 connection with SUBGRANTEE s performance of this Agreement including Attachments A B and C
24 hereto and from any and all claims and losses accruing or resulting to any person firm or corporation
25 who may be injured or damaged by SUBGRANTEE in the performance of this Agreement including
26 Attachments A B and C hereto
27 //
28 //
Shenff2003/382 Page 2 of 4
1 10 No alteration or variation of the terms of this Agreement shall be valid unless made in
2 writing and signed by duly authorized representatives of the parties hereto and no oral understanding or
3 agreement not incorporated herein shall be binding on any of the parties hereto
4 11 SUBGRANTEE may not assign this Agreement in whole or in part without the express
5 written consent of COUNTY
6 12 For a period of three years after final payment hereunder or until all claims related to this
7 Agreement are finally settled whichever is later SUBGRANTEE shall preserve and maintain all
8 documents papers and records relevant to the work performed or property or equipment acquired in
9 accordance with this Agreement, including Attachments A, B and C hereto For the same time period,
10 SUBGRANTEE shall make said documents papers and records available to COUNTY and the agency
11 from which COUNTY received grant funds or their duly authorized representative(s) for examination
12 copying or mechanical reproduction on or off the premises of SUBGFA.Ni TEE upon request during
13 usual working hours
14 13 SUBGRANTEE shall provide to COUNTY all records and information requested by
15 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
16 required to provide to the agency from which COUNTY received grant funds or other persons or
17 agencies
18 14 COUNTY may terminate this Agreement and be relieved of the payment of any
19 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
20 in this Agreement including Attachments A B and C hereto at the time and in the matter herein
21 provided or b) COUNTY loses funding under the grant In the event of termination COUNTY may
22 proceed with the work in any manner deemed proper by COUNTY
23 15 SUBGRANTEE and its agents and employees shall act in an independent capacity in the
24 performance of tlus Agreement including Attachments A B and C hereto and shall not be considered
25 officers agents or employees of COUNTY or of the agency from which COUNTY received grant funds
26
27
28
Shenff20031382 Page 3 of4
I IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange
2 State of California
3
4 DATED /) 2004 COUNTY OF ORANGE apolitical
subdivision of the S liforma
5
6
By
7 enff Coroner
8
APPROVED AS TO FORM
9
COUNTY COUNSEL
10
11 By
Barbara L Stocker Deputy
12
13 DATED &— 2004
14
15 DATED SUBGRANTEE
16
17
18
19 By
20 ATTEST .` COUNTERPART
21
22 ity Cler
23 DA D D 200e�
24
25
26 _
27
28
Sheriff2003/382 Page 4 of 4
I IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange
2 State of California
3
4 DATED � � 2004 COUNTY OF ORANGE apolitical
subdivision of the S liforma
5
6
By
7 Veriff Coroner
8
APPROVED AS TO FORM
9
COUNTY COUNSEL
10
11 By <I�C5:��
Barbara L Stocker Deputy
12
13 DATED 2004
14
15 DATED SUBGRANTEE
16 COUNTERPART
17 By
18
19 BB
20 ATTEST its 3
21
22 City Clerk
23 DATED 2004
24
25
26
27
28
Sheriff 2003/382 Page 4 of 4
ATTACHMENT A
GOVERNOR ARNOLD SCHWARZENEGGER OFFICE OF THE GOVERNOR
STATE OF CALIFORNIA STATE CAPITOL
I SACRAMENTO CA 95814
RONALD L IDEN
DIRECTOR9 (916)324-8908 MAIN
(916)323-9633 FAX
OFFICE OF HOMELAND SECURITY
July 1 2004
Michael S Carona
Sheriff
Orange County
2644 Santiago Canyon Road
Silverado CA 92676
Dear Sheriff Carona
SUBJECT NOTIFICATION OF APPLICATION APPROVAL
FY04 Homeland Security Grant Program
Grant#2004-45 OES ID#059 00000
The Office of Homeland Security(OHS)has approved your grant application in the amount of
$10 442 531 A copy of your approved application and grant project list are enclosed for your
records
For projects that include the establishment or enhancement of emergency operations centers
OHS is working with the federal Office for Domestic Preparedness (ODP)to provide specific
guidance on grant eligibility The Governor's Office of Emergency Services (OES)will post this
guidance on Its webpage when available
The enclosed grant project list Indicates that a condition has been identified for one or more of
your projects(see Condition column of the project listing) Until removal of the condition the
funding associated with the project(s) solution area will be suspended Grant conditions can be for
one or more of the following reasons
Training has been identified which requires California Military Department prior approval
Equipment purchase has been identified which requires federal Department of Homeland
Security approval
Additional details or explanations need to be provided by you in order to approve the project(s)
as a whole
Your application as a whole has been approved You may request reimbursement of eligible
grant expenditures from OES using the enclosed Reimbursement Request fonn
As part of the grant application review process,an OES representative has reviewed any
changes or conditions with your office As a result your Initial Strategic Implementation Plan
(]SIP)may have been revised prior to submittal to ODP A copy of the approved ISIP has been
included for your review and records
Shenff Carona
Page Two
July 1 2004
This grant is subject to all policies and provisions of the Single Audit Act of 1984 and the Single
Audit Act Amendments of 1996 Any funds received in excess of current needs approved amounts,or
those found owed as a result of a final review or audit must be refunded to the State within 30 days
upon receipt of an invoice from OES
Semi-annual performance reports must be prepared and submitted to OES for the duration of the
grant period or until all activities are completed and the grant is formally closed A performance report
template,with instructions, will be distributed under separate cover pnor to the deadline for the first
report Failure to submit performance reports could result in grant reduction termination or
suspension
For further assistance,please contact the OES Grant Management Section at(916) 845-8110 or
send an a mail to Grant Management@oes ca gov
Sincerely
RONALD L IDEN
Director
Enclosures
c Subgrantee File
I
FY04 Homeland Security Grant Program-Application Cover Sheet
Applicant Orange
County
Contact Information IRECr=ivEr)
2644 Santiago Canyon Rd Linda Solorza,Lieutenant MAN )0 1j
Authorized Agent Mailing Address NamelTule Imo,�,1,
l4 618 3019 "'�+�`" ''A MM �I i
Srlverado 7 )
City State Zip Code Area Code/Ojice Telephone Number
13olorza@ocsd org
E Mail Address
Maximum Amount Authorized-Total Grant(from Appendix A) S_10 442 53100
SHSP Amount Requested S 8 531 493 00
LETPP Amount Requested S 1 783,651 00-
CCP Amount Requested S 127,387 00
Total Amount Requested(as shown on the Project Narrative and Budget Worksheet) S 10,442,53100
Statement of Certification-Approval Authority
By signing below 1 hereby certify that the enclosed application represents the Approval Authority Body s consensus on the Operational
Area s Homeland Security Grant Program needs
Positlon/Deslgnee Sign ur Printed Name Title
County Public Health Officer r Mark Horton Public Health Officer
County Fire Chief Chip Prather Chief
Municipal Fire Tim Riley Chief-Newport Beach
County Sheriff Michael S.Carona Sheriff
Chief of Police Pat McKinley Chief Fullerton
01
Certification and Signature or Authorized Agent
1 am the d ly app lnted Authorized Agent and have the authority to apply for this grant and submit this application on behalf of
the Oper tonal
APPROVED AS TO FORM
MichaelS Carona OFFICE OF THE COUWV COUNSEL
Signature ojAuthoru ORANf1ECOUNTv CAed Agent Printed Name JFORNIA
ShenR-Coroner y
Tole Dare
�fputy DU
For State use ONLY C
Apphcation revtewed/Grant award approved by 611
J^ ��
ame atc
Grant Performance Penod
OES ID# 05 9 Catalog of Federal Domestic Assistance 497 004 Award# ZGn C/ p/)44-,5-
FY04 Homeland Security Grant Program Page 89
ATTACHMENT C
FY04 State Homeland Security Grant Program
Distribution of Grant Property or Funds
LAW ENFORCEMENT
Equipment Description Amount
3 SWAT Vehicles $810 000
TEWG Response Vehicle $50 000
Command Post $250 000
WMD Bomb Squad equipment $400 000
Force Protection training & PPE Replenishment $90 000
Total $1 600 000
FIRE SERVICE
Equipment Description Amount
Haz Mat response apparatus $1 000 000
Infrared Mass Spectrometers $130 000
Area RAE Kits $130 000
Thermal Imaging Cameras $150 000
Digital Live Feed TV Receivers for command vehicles $50 000
Powered Air Purifying Respirators $98 000
Misc $42 000
Total $1 600 000
HEALTH CARE
Equipment Description Total
Storage Facility(2 years) furniture&security system $313 575
Forklift $22 150
Truck&accessories $69 772
equipment $119 696
RDMD maintenance contract $12 000
Decontamination equipment $694 172
CBRNE logistical support equipment $263 079
Interoperable communications equipment $34 998
CBRNE reference materials $5 251
equipment $8 006
Personal protective equipment $67 588
Detection equipment $40 547
Medical supplies $1 380
misc authorized equipment $3 009
Total $1 655 223
DISCRETIONARY FUNDS
Equipment Description Amount
Video Conferencing $1 000 000
Reverse 911 System $70 000
Upgrade Law Enforcement Command Vehicles $820 000
Fire Service Command Post $350 000
Upgrade County Communications $1 000 000
Misc $60 000
Total $3 300 000
LETPP(Law Enforcement Terrorism Prevention Program)
Equipment Description Amount
Investigative Overtime $320 000
Handheld Computers for CATIC
Critical Infrastructure Threat Assessment $500 000
Exercises/Planning/Training
Orange Alert Reimbursement
Bay/JWA
PPE Storage/Trailers
Terrorism Liaison Officer Expansion
Total $1 700 000
Office of Homeland Security
Grant Assurances
Name of Applicant Duane Olson, Fire Chief
Address 2000 Main Street
City Huntington Beach State CA Zip Code 92648
Telephone Number 714 536-5402
Fax Number 714 374-1551
E Mail Address DOlson@surfcity-hb org
As the duly authorized representative of the applicant, I certify that the applicant named above
1 Has the legal authority to apply for federal assistance and has the institutional, managerial
and financial capability to ensure proper planning,management and completion of the grant
provided by the federal Department of Homeland Security and subgranted through the State of
California
2 Will assure that grant funds are only used for allowable fair, and reasonable costs
3 Will give the federal government the Comptroller General of the United States,the State of
California, through any authorized representative access to and the right to examine all
records,books papers, or documents related to the award and will establish a proper
accounting system in accordance with generally accepted accounting standards or awarding
agency directives
4 Will provide progress reports and such other information as may be required by the awarding
agency
5 Will initiate and complete the work within the applicable time frame after receipt of approval
of the awarding agency
6 Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or
personal gam 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 prolubits the use of lead based paint in construction or rehabilitation of
residence structures
FY04 Homeland Security Grant Program Page 92
8 Will comply with all federal statues relating to nondiscrimination These include but are not
hmited 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
FY04 Homeland Security Grant Program Page 93
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 l(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 to 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 ment 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)
FY04 Homeland Security Grant Program Page 94
17 Will comply with provisions of the Hatch Act(5 U S C Sections 1501-1508 and 7324 7328)
which hmit 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 Tlus certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into Submission of tlus 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
FY04 Homeland Security Grant Program Page 95
24 Agrees that equipment acquired or obtained with grant funds
a Will be made available under the California Disaster and Civil Defense Master Mutual
Aid Agreement in consultation with representatives of the various fire, emergency
medical hazardous materials response services, and law enforcement agencies witlun
the junsdiction 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 Nondiscnmmation/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
FY04 Homeland Secunty Grant Program Page 96
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,rehgion,
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 behal e said app ant
Signature of Authorized Agent
Printed Name of Authorized Agent lkaine,
Title -}-I r'+e� �1 Date 4L& 6
FY04 Homeland Security Grant Program Page 97
Governing Body Resolution
BE IT RESOL VED BY THE
(Governing Body)
OF THE THAT
(Name of Applicant)
OR
(Name or Title of Authonzed Agent)
OR
(Name or Title of Authorized Agent)
(Name or Title of Authonzed 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 tlus 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
7'y ,ge�0$6c cJTiO r-/
(Official Position)
(Signature)
(Date)
FY04 Homeland Secunty Grant Program Page 90
Council/Agency Meeting Held
Deferred/Continued to
l App oved ❑ Conditionally Approved ❑ Denied rk s gnature
Council Meeting Date , September 17 2001 Department ID Number FD 01-016
CITY OF HUNTINGTON BEACH o
REQUEST FOR COUNCIL ACTION
SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS —' a-<)
D a��
SUBMITTED BY RAY SILVER, City Administratorarry = x
0
PREPARED BY MICHAEL P DOLDER Fire Chief/Information Systems DA�cto:p-
SUBJECT ADOPT RESOLUTION NO 2001- 63 AUTHORIZING CERTAIN
CITY OFFICIALS TO EXECUTE APPLICATIONS FOR WEAPONS
OF MASS DESTRUCTION (WMD) GRANTS
Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s)
Statement of Issue Should the City Council adopt Resolution No 2001- 63
designating those City officials authorized to execute applications to apply for Weapons of
Mass Destruction non-matching grants as they become available?
Funding Source The City's Emergency Services Office will only apply for Weapons of
Mass Destruction (WMD) grants which require no City funding There will be no direct costs
to the City of Huntington Beach and the grants do not obligate the City for future funding
Recommended Action MOTION TO
Adopt Resolution No 2001- 63 authorizing certain City officials the Fire Chief or the
Emergency Services Manager or the Emergency Services Coordinator to execute
applications and documents to obtain Weapons of Mass Destruction (WMD) grants
Alternative Action(s) Do not approve the resolution and continue the present practice of
executing a new resolution for WMD grants as they become available This could result in
the loss of some grant opportunities due to short application timeframes
Analysis In 1997 the U S Congress after numerous hearings on the increased threat of
terrorism to U S citizens on U S soil passed the Defense Authorization Legislation which
provided funding to enhance the capability of federal state and local emergency responders
in incidents involving Nuclear Biological and Chemical (NBC) terrorism Additional grant
opportunities have become available through state and federal sources for WMD equipment
and training
REQUEST FOR COUNCIL ACTION
MEETING DATE September 17, 2001 DEPARTMENT ID NUMBER FD 01-016
Analysis (continued)
As one of the 120 most populated cities in the U S the City of Huntington Beach has already
been notified that it is eligible for grant funding that will improve the preparedness of fire
police and marine safety first responders Currently grant applications with the U S
Department of Justice and State of California Office of Emergency Services have been
approved for a total of $330,000
The attached resolution (Attachment 1) will allow designated City staff members (Fire Chief
or the Emergency Services Manager or the Emergency Services Coordinator) to quickly
develop and submit additional applications to obtain grant funding for enhanced training of
emergency response personnel creation of WMD training exercises and purchase of
specialized equipment
Environmental Status None
Attachment(s)
City Clerk's
Page Number No. Description
1 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
RCA Author Dolder/Burney/Morrison/Justen
I
FD01 016 Adopt Resolution WMD Grants doc 2 9/6101 7 44 AM
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 authonzed 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 authonzes its agents to provide to the federal or state agency
prodding 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
Mayor
AT EST APPROVED AS TO FORM
City Clerk 61- v' e4l,7 1 City Attorney
REVIEWED AND APPROVED INITIATED AND APPROVED
Cit dministrator Fire Chief/Information Systems Director
PDA 2001 Resol \VMD
RLS 2001 0�20
7 1601
Res No 2001-63
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach and ex-officio Clerk of the City Council of said
City do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven, that the foregoing resolution was
passes) and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 17th
day of September, 2001 by the following vote
AYES Green Boardman Cook Julien Houchen Garofalo Dettloff
Bauer
NOES None
ABSENT None
ABSTAIN None
4��z
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach California
I
Quality Control Check — Scanning Records
(2006)
File ID# / File ID#
Alpha Cate o 6) Category
Res/Ord #
Entered Into Database
Date Signature
Note Problems and Corrections Made
Scanned& Quality Control Check 1
Date Signature
Note Problems and Corrections Made
Attached to Database and Quality Control Check 2
Date Signature
Note Problems and Corrections Made
Final Review and Vault Filing
Date Signature
Note Problems and Corrections Made