Loading...
HomeMy WebLinkAbout08 FY 08 UASI GRANT 01-20-09Agenda Item 8 ,.___ _ ~ ,~ ~~ Reviewed: AGENDA REPORT City Manager G ~~'~- Finance Director NIA MEETING DATE: JANUARY 20, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: FY08 URBAN AREA SECURITY INITIATIVE (UASI) GRANT SUMMARY The City of Anaheim, acting through the Anaheim Police Department in its capacity as the core city for the North Orange County Urban Area, under the FY08 Urban Area Security Initiative (UASI), has applied for, received and accepted certain grants entitled "FY08 Urban Areas Security Initiative." The funding comes from the Federal Emergency Management Agency Grant Programs Directorate (formerly named the Department of Homeland Security, Office of Grants and Training), through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness. Terms of the grant require that Anaheim use certain grant funds to purchase equipment, technology or services that will be transferred to jurisdictions within the operational area. The City of Tustin, as a part of the operational area, is entitled to participate in the grant to enhance the city's emergency preparedness. RECOMMENDATION Authorize the City of Tustin to receive from the City of Anaheim equipment, technology and services, such as: replacement of Personal Protective Equipment for all first responders, EOC upgrades, interoperable communications and data sharing technology, and continual training and exercises. Authorize the Chief of Police to sign any grant related paperwork on behalf of the City. FISCAL IMPACT There will be no impact on the General Fund as there is no required match to receive the grant funds and/or reimbursements. SCOTT M. JOAN Chief of Police 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 AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY08 URBAN AREAS SECURITY INITIATIVE (UASI) THIS AGREEMENT is entered into this December 4, 2008 ,dated for purposes of identification only, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM, A N D City of Tustin , hereinafter referred to as "SUBGRANTEE". WHEREAS, ANAHEIM, acting through the Anaheim Police Department in its capacity as the Core City for the North Orange County Urban Area under the FY08 Urban Areas Security Initiative, has applied for, received and accepted certain grants entitled "FY08 Urban Areas Security Initiative" (UASI) from the Federal Emergency Management Agency Grant Programs Directorate (formerly named the Department of Homeland Security, Office of Grants and Training), through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant," as set forth in the Grant Guidelines, copies of which are attached hereto as Attachments A, B and C and incorporated herein by reference; and WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to i) purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes, and/or ii) train members of SUBGRANTEE in a manner consistent with the Grant. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. PURCHASE OF EQUIPMENT OR SERVICES 1. As more specifically set forth herein, ANAHEIM may transfer to SUBGRANTEE, or SUBGRANTEE shall purchase, the equipment or services as specified in Attachment D attached hereto and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant Assurances, a copy of which are attached hereto as Attachment E and incorporated herein by reference. 1 When purchasing Grant equipment, SUBGRANTEE shall comply with all of SUBGRANTEE's 2 purchasing and bidding procedures and applicable state law. 3 2. Prior to making any purchase of equipment or services, SUBGRANTEE shall obtain 4 written approval from ANAHEIM in a form to be mutually agreed upon by ANAHEIM and 5 SUBGRANTEE. 6 3. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with Grant 7 funds only for those purposes permitted under the terms of the Grant, and shall make any equipment 8 purchased or transferred to SUBGRANTEE under the Grant available for mutual aid response to other 9 governmental entities in emergency situations to the maximum extent practicable. 10 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its 11 possession or control acquired with Grant funds from damage or destruction and shall provide regular 12 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or 13 owner's manual, in order to keep said equipment continually in good working order. Such maintenance 14 and servicing shall be the sole responsibility of SUBGRANTEE, which shall assume full responsibility 15 for maintenance and repair of the equipment throughout the life of said equipment. 16 5. If equipment acquired with Grant funds becomes obsolete or unusable, SUBGRANTEE 17 shall notify ANAHEIM of such condition. SUBGRANTEE shall transfer or dispose of Grant-funded 18 equipment only in accordance with the instructions of ANAHEIM or the agency from which ANAHEIM 19 received the grant funds. 20 II. REIMBURSEMENT OF TRAINING COSTS 21 1. SUBGRANTEE shall be allocated a specified amount of funds to be used for training 22 purposes pursuant to the Grant Guidelines and terms of this Agreement. SUBGRANTEE may seek 23 reimbursement from ANAHEIM in accordance with the terms and conditions of this Agreement. Any 24 training expenditure that exceeds the amount allocated to SUBGRANTEE shall be the sole 25 responsibility of SUBGRANTEE. 26 2. If additional Grant funds become available for training purposes or if training funds are 27 reduced, ANAHEIM shall notify SUBGRANTEE, in writing, of the revised training budget. 28 SUBGRANTEE shall be responsible for limiting training for which it seeks reimbursement so as not to exceed its revised allotment. z 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. Prior to incurring any expense for training for which reimbursement will be sought pursuant to this Agreement, SUBGRANTEE shall obtain written approval from ANAHEIM. SUBGRANTEE shall complete the State of California, "Request for Training Form," and submit a copy of the same, with the tracking and feedback number, to ANAHEIM. The, "Request for Training Form" is found at http://www.anaheim.net/police/uasi.asp. 4. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ("ODP") approved classes qualify for reimbursement. 5. SUBGRANTEE agrees to comply with Attachments A, B, C and E in seeking reimbursement for training, including, but not limited to the overtime and backfill requirements as outlined in Attachments A, B and C. III. GENERAL PROVISIONS 1. SUBGRANTEE shall submit an invoice for equipment or services, or in the case of training, a training reimbursement application in the form attached hereto as Attachment F and incorporated herein by reference, to ANAHEIM as soon as practical, but in no event later than thirty (30) days after receipt of the invoice or completion of the training. 2. ANAHEIM shall have ninety (90) days from receipt of an invoice or training reimbursement application to reimburse SUBGRANTEE. 3. SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of the Grant and Attachments A through E to this Agreement, and shall be fully responsible for payment of items purchased or for any training costs that do not adhere thereto. 4. In the event of an audit of purchases made or training undertaken with Grant funds by any authorized agency, SUBGRANTEE agrees to cooperate fully with such audit. If such audit disallows payment to ANAHEIM in whole or part for any item procured for or by SUBGRANTEE or for any training costs incurred by SUBGRANTEE and requires ANAHEIM to reimburse the Grantor, SUBGRANTEE shall, within thirty (30) days of notification by ANAHEIM of such audit determination, pay to ANAHEIM any amount for which reimbursement to ANAHEIM was disallowed. 5. SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the agency from which ANAHEIM received grant funds, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and 3 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 any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including the terms of the Grant, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement. 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 7. SUBGRANTEE may not assign this Agreement in whole or in part without the express I written consent of ANAHEIM. 8. For a period of three years after final delivery 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 equipment acquired or training undertaken in accordance with this Agreement. With respect to training, such documents, papers and records shall include those relevant to the training costs, overtime, backfill, travel costs and per diem expenses. For the same period of time, SUBGRANTEE shall make said documents, papers and records available to ANAHEIM and the agency from which ANAHEIM 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. 9. SUBGRANTEE shall provide to ANAHEIM all records and information requested by ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM maybe required to provide to the agency from which ANAHEIM received Grant funds or other persons or agencies. 10. ANAHEIM may terminate this Agreement and be relieved of the delivery of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, at the time and in the matter herein provided, or b) ANAHEIM loses funding under the Grant. 11. SUBGRANTEE and its agents and employees and independent contractors shall act in an independent capacity in the performance of this Agreement, and shall not be considered officers, agents or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds. 4 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 12. In the performance of this Agreement, SUBGRANTEE and its officers, agents, employees shall comply with by all applicable federal, state and local laws, including all applicable statutes, regulations, executive orders and ordinances. IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Anaheim, County of Orange, State of California. DATE OF EXECUTION: CITY OF ANAHEIM, a municipal corporation, By Chief of Police DATE OF EXECUTION: l-~~1-~~ APPROVED AS TO FORM: APPROVED AS TO FORM: Cristina L. Talley Sr. Assistant City Attorney Date: "ANAHEIM" By ~~~ Printed Name /`~ld zt'~ ./4lc',~~ Title ~~~,CF 4r~' /~~~lc,~ 5 "SUBGRANTEE"