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HomeMy WebLinkAboutHomeland Security Grant - r" � � a � �� r a.q,'�h�k.�r yid S�^^� ky << a u Y Zr . Y�^4+�-?s •Fs ��r �'�j aF"'# S��- n :�'` 4 r S „10 4 � 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