HomeMy WebLinkAbout07 FY2010 HOMELAND SECURITY GRANTREPORT Agenda Item 7
AGENDA Reviewed:
City Manager
Finance Director N/A
MEETING DATE: SEPTEMBER 6, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: FY2010 HOMELAND SECURITY GRANT PROGRAM (HSGP)
SUMMARY
The Orange County Sheriff-Coroner Department (Sheriffs Department), acting on behalf of the
Orange County Operational Area, has applied for, received and accepted a grant entitled "FY 2010
Homeland Security Grant Program" (HSGP). This grant is from the State of California, acting
through its California Emergency Management Agency, to enhance county-wide emergency
preparedness and to help the Operational Area prevent, respond to, and recover from acts of
terrorism, as set forth in the grant guidelines and assurances that are incorporated into this
Agreement by reference.
The California Emergency Management Agency has awarded $6,326,545 to the County of Orange
(Sheriffs Department) for use in the Orange County Operational Area, for the term of September
13, 2010, through April 30, 2013. The funds are now available for distribution throughout the
Operational Area, and the City of Tustin, as aSub-Recipient, is authorized to participate in the
grant funding.
RECOMMENDATION
It is recommended that the City Council:
• Adopt Resolution #11-69 designating the Chief
authorized representative for the FY 2010 HSGP.
• Approve the FY 2010 HSGP Transfer Agreement
City of Tustin.
FISCAL IMPACT
There will be no impact on the General Fund.
of Police or his designee as the City's
between the County of Orange and the
/ /l ~ >
SCOTT M. JOR AN LANO ~-
Chief of Police Administrative Services Bureau Commander
Attachment: Agreement (Sub-Recipient: City of Tustin)
RESOLUTION NO. 11-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE
OR HIS DESIGNEE AS THE CITY'S AUTHORIZED
REPRESENTATIVE FOR THE FY 2010 HOMELAND SECURITY
GRANT PROGRAM (HSGP}
WHEREAS, The Orange County Sheriff-Coroner Department (Sheriff's
Department}, acting on behalf of the Orange County Operational Area, has received
authorization to begin spending of FY 2010 Homeland Security Grant Program
("HSGP"} funds; and
WHEREAS, The City of Tustin may seek reimbursement from the Sheriff's
Department related to the City's participation in the programs and activities associated
with this grant program; and
WHEREAS, The City of Tustin may receive Equipment and Services from the
Sheriff's Department related to the City's participation in the programs and activities
associated with this grant program; and
WHEREAS, The Sherriff's Department has requested the City to designate an
authorized agency representative who will be responsible for administration of the
program
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin
that the Chief of Police or his designee is hereby authorized to execute for and on
behalf of The City of Tustin, 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 ADOPTED at a regular meeting of the City Council of the City of
Tustin, California, held on the 6t" day of September 2011.
JERRY AMANTE,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN }
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 11-69 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 6th day of September
2011 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
THIS AGREEMENT is entered into this day of 201_, 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
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 California Emergency Management Agency, 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 (FY 10 CA Supplement to Federal Program
Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) 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, B and C permit SUBGRANTEE
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 1 of 4
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to expend grant funds. SUBGR.ANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
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
elected and appointed officials, officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials or supplies in connection with
SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGRANTEE's
performance of this Agreement, including Attachments A, B and C hereto, 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 SUBGRANTEE's use of grant-funded equipment, technology or services and
SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 2 of 4
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immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
~ Attachments A, B and C hereto.
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
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
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, B and C 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 representatives}, 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 j
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
l4. 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, B and C 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.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of 4
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2s
1 S. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: , 201_
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole A. Sims, Deputy
DATED:
DATED:
COUNTY OF ORANGE, a political
subdivision of the State of California
By
Sheriff-Coroner
"COUNTY"
SUBGRANTEE
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By:
ATTEST:
By
City Clerk
DATED:
201
201
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security
Page 4 of 4
APPRC~VEO AS TO FQRJh~
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