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HomeMy WebLinkAbout55A - RESO - CERT MANUALSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2018 TITLE: RESOLUTION AND AGREEMENT ACCEPTING CERT COURSE MANUALS AND EMERGENCY PREPAREDNESS KITS PROVIDED THROUGH FY2016 HOMELAND SECURITY GRANT PROGRAM (HSGP) (STRATEGIC PLAN NO. 1, 2F} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 10 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and Chief of Police to act on behalf of the City of Santa Ana for the purpose of obtaining items purchased from federal homeland security grant funds provided by the US Department of Homeland Security and sub - granted through the State of California. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with the County of Orange, commencing September 1, 2016, and running through August 31, 2019, to receive CERT course manuals and emergency preparedness kits purchased by the County through the FY 2016 Homeland Security Grant Program, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana conducts multiple Community Emergency Response Team (CERT) training courses each year. CERT teaches residents emergency preparedness skills and information to enable them to care for themselves and to assist others in the event of a disaster event where professional responders may not be available to help everyone at once. Graduates of CERT training are issued a backpack emergency kit, usually purchased from City funds, containing items such as personal protective equipment, flashlight, and first aid materials. The Orange County Sheriffs Department Emergency Management Division administers the Homeland Security Grant Program on behalf of all Orange County jurisdictions. The Sheriffs Department has elected to utilize FY2016 HSGP funds to execute a bulk purchase of CERT course student manuals and CERT backpack kits at more competitive pricing and to distribute 55A-1 Homeland Security Grant Program November 20, 2018 Page 2 these kits to all participating cities. The FY2016 HSGP has a three-year performance period allowing purchases into 2019, which is why we are joining the FY2016 grant at this time. This action requires no expenditure of City funds and the City will not receive any funds, The exact materials and quantity received will be determined by the Sheriffs Department when they complete the bulk purchase and identify the number of jurisdictions desiring to receive the supplies. By participating in this bulk purchase effort, the City will receive these items for our CERT training program at no cost; electing to not participate would require the City to purchase these items on its own at full cost to the City. Adoption of this agreement would also make the City eligible to receive any future purchases made under this Grant through the performance period ending August 31, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #2 Strategy F (Partner with emergency assistance and disaster relief organizations to promote community awareness of emergency preparedness). FISCAL IMPACT There is no fiscal impact associated with this item vid I n Chief of Police Santa Ana Police Department Exhibits: 1. Resolution 2. Agreement with County of Orange for FY2016 HSGP Grant 55A-2 TB 11/20/18 RESOLUTION NO.2018-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN 2016 HOMELAND SECURITY GRANT PROGRAM FINANCIAL ASSISTANCE THROUGH THE COUNTY OF ORANGE, AND EXECUTE A TRANSFER AGREEMENT WITH THE COUNTY, DOCUMENTS, AND ASSURANCES THAT MAY BE NECESSARY FOR THE HSGP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares asfollows: A. The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Homeland Security Grant Program (HSGP). B. The County of Orange as a subgrantee of the 2016 HSGP funds will provide financial assistance to local governments for implementation of various Homeland Security and Emergency Management projects including countywide emergency management capabilities. The County of Orange opted to utilize HSGP funds designated for Emergency Management to execute a bulk purchase of emergency preparedness kits containing items such as personal protective equipment, flashlight, and first aid materials used in Community Emergency Response Team (CERT) programs. The City of Santa Ana conducts CERT programs and will offer the emergency preparedness kits to graduates of the CERT training. C. The City previously adopted Resolution No. 2017-060 authorizing the receipt and transfer of the 2015 HSGP funds to the City for similar CERT programs which teaches residents emergency preparedness skills and information to enable them to care for themselves and to assist others in the event of a disaster event where professional responders may not be available to help everyone at once. D. The City of Santa Ana would be a subrecipient under the 2016 HSGP through the County of Orange. The exact amount of materials received Resolution No. 2018-xxx Page 1 of 3 55A-3 will be determined by the County once they make the purchase of these materials and determine which jurisdictions want the materials but it is anticipated to be up to $1,000. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager and Clerk of the Council, on terms acceptable to the City Attorney, to execute a sub -grantee agreement (also called a transfer agreement) with the County of Orange and/or Orange County Sheriffs Department in an amount not to exceed $1,000 for procurement of the CERT materials. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of November, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: wala Ta Ara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 55A-4 Miguel A. Pulido Mayor Resolution No. 2018-xxx Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on November 20, 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xxx Page 3 of 3 55A-5 y 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 TO TRANSFER PROPERTY OR FUNDS FOR 2016 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this 20th day of November 2018, 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 the City of Santa Ana, 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 Office of Emergency Services, 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 16 CA Supplement to the Federal Notice of Funding Opportunity), B (FY 16 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 16 Homeland Security 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 D 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 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized agent. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security{�lte 14f 4 !1 I 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 W 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 I 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. S. 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 maybe 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 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A, B and C hereto. FDA: 97.067 3omeland Security Grant Program department of Homeland Security g� z o�4 /Y O 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 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State I 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 I 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 representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A, B and C hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, 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. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security I 5 A44L 9f 4 if 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 12018 COUNTY OF ORANGE, apolitical subdivision of the State of California By Sheriff -Coroner "COUNTY" APPROVED AS TO FORM: COUNTY COUNSEL By Saul Reyes, Deputy County Counsel DATED: , 2018 DATED: ATTEST: By City Clerk DATED: .2018 :FDA: 97.067 iomeland Security Grant Program )epartment of Homeland Security 1:i fl SUBGRANTEE By: Dated: / OVED AS TO FORM i amara tsogostan - Assistant City Attorney