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HomeMy WebLinkAbout55A - HOMELAND SECURITY GRANT PROGRAMS REQUEST FOR COUNCIL ACTION ~ ~4Y~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED FY HOMELAND SECURITY GRANT ? ,4s Recommended PROGRAMS -MMRS 2009 ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ,r' ``~L~ v' ~~L~--~--- FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Fire Chief to execute on behalf of the City of Santa Ana any actions necessary for the purpose of obtaining federal financial assistance provided through a grant from the U.S. Department of Homeland Security, related to the 2009 Metropolitan Medical Response System grant. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County in the amount of $316,403, subject to non-substantive changes approved by the City Manager and City Attorney for the 2009 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 3. Approve an Appropriation Adjustment recognizing the 2009 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2009 Metropolitan Medical Response System grant expenditure account. DISCUSSION Through the California Governor's Office of Homeland Security, the Metropolitan Medical Response System (MMRS) assists highly populated jurisdictions to develop plans, conduct training and exercises, and acquire various equipment and supplies, to achieve the enhanced capability necessary to respond to a mass casualty event caused by a WMD terrorist act. The County of Orange is the primary recipient of the grant which is being shared with other cities though out the County. The Santa Ana Fire Department is to receive $316,403 of grant funding, excluding $4,818 (1.5%) of the total award being retained by the County of Orange for "management & accounting" of the grant (actual award to Santa Ana is $321,221). 55A-1 FY 2009 Homeland Security Grant Programs April 19, 2009 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the City's FY 2010 MMRS revenue grant account (accounting unit no. 146150252000) by $316,403, and appropriate same into the City's 2010 MMRS grant expenditure account (accounting unit no. 14615364-various). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Francisco Gutierrez ~,,,f Fire Chief Executive Director Fire Department Finance & Management Services Agency 55A-2 jas:041210 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2009 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM 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 as follows: A. The California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Office of Domestic Preparedness Metropolitan Medical Response System Grant Program (MMRS). B. MMRS provides funds to local emergency first responders to develop or enhance existing emergency preparedness systems to effectively respond to a public health crisis. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided through the Metropolitan Medical Response System Grant Program by the federal Department of Homeland Security and subgranted through the State of California Office of Homeland Security. 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 day of , 2010. Miguel A. Pulido Mayor 55A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-4 i 2 AGREEMENT TO TRANSFER PROPERTY OR FUNDS 3 FOR 209 HOMELAND SECURITY GRANT PROGRAM PURPOSES 4 ~ THIS AGREEMENT is entered into this day of 2{)0_, 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 "COL~N'TY", and 8 , a (municipal corporation/special district/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 Operationat Area, has applied for, received and accepted a grant 12 from the State of California, acting through. its California Emergency Management Agency, to enhance 13 county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant 1 d documents that are attached hereto as Attachments A (FY 09 CA Supplement to Federal Program 15 Guidelines), B (2009 Homeland Security Grant Programs) and C (FY 09 Grant Assurances) and 1 G incorporated herein by reference. 17 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 1.8 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 19 purposes. 2U NOW, THEREFORE, IT LS MUTUALLY AGREED AS FOLLOWS: 21 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 22 specified in Attachment B hereto, which is incorporated herein by reference. I#' the grant requires 23 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 24 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 2S after acquisition by COUNTY as is reasonably practicable. 2~ 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 27 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or 28 to perform such other grant functions, if any, for which Attachments A, B and C permit S~JBGRANTEE CFL)A: y7 Otr' Horrteland Sccurih Errant Program [7cpartmem u(H<nrreland Security Pgose ~ Of 4 55A-5 iII I 1 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 shall make it available far mutual aid response. 6 SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 7 with grant funds from damage or destruction and shall provide regular maintenance and repairs far said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SC,IBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 11 said equipment. 12 a. SUBGRANTEE shall assume all continuation costs of said equipment, technologies 13 and,~or sen~ices to include but not limited to upgrades, licenses and renewals of said equipment, 14 technologies and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall. notify C'C)UNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 17 equipment only in accordance with the instructions of COUNTY. 18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 21 corporation famishing or supplying work. services, materials or supplies in connection with 22 SUBGRANTEE's use of grant-funded equipment, technology or services and StJBGRANTEE's 23 perforn~ance of this Agreement, including Attachments A, B and. C hereto, and from any and all claims 24 and losses accruing or resulting to any person, firm, or corporation wlyo may be injured or damaged by 25 St?BGRAN'TEE in SUBGRANTEE's use of grant-funded equipment, technology or services and 26 SUBGRANTEE's performance of'this Agreement, including Attachments A, B and C hereto. 27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBCiRA.N'TEE shall notify COUNTY CFnA 97.06? Homeland Security Grant f'ro~,racn DeparUnent of Homeland Security Wage 2 of 4 55A-6 1 i?nmediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A, B and C hereto. 3 9. SUBGRANTI'1F. and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after final payment 5 hereunder. . 6 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 8 agreement not incorporated herein shall be binding on an}' of the parties hereto. 9 1 1. SUBGRANTEE may not assign this Agreement in whole or in part without the express I 0 written consent of COUNTY. 11 12. For a period of three years after final payment hereunder or until all claims related to this 12 t'~greement are finally settled, whichever is later, SUBGRANTF.E shall preserve and maintain all 13 documents, papers and records relevant to the work performed or property or equipment acquired in l4 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 16 from which COUNTY received grant funds or their duly authorized representative(s), for examination, i 17 copying, or mechanical. reproduction on or off the premises of SUBGRANI"EE, upon request during 18 usual working hours. I'~ 13. SUBCiRANTEE shall provide to COUNTY all records and information requested by 20 COUN'T'Y for inclusion in quarterly reports and such other reports or record's as COUNTY may be 21 required to provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 14. COUN"T'Y may terminate ibis Agreement and be relieved of the payment of any 24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 25 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein 26 provided, or b) COUNTY loses funding under the grant. in the event of termination, CULINTY may 27 proceed «~ith the work in an}~ manner deemed proper by COUNTY. ~g CI=D.4: 97,p(r7 F [ontclarsd Security Grant Prergram f:kpxrtmcnt u(' itometand Security pag..e 3 Of 4 55A-7 1 15. St1BGRANTEE anal its agents and employees shad act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not. he considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement. in the County of Orange, ~ State of'California. 6 7 DATF..D: , 20, COUNTY OF ORANGE, a political subdivision ofthe State of California 8 9 By 1 d Sheriff-Coroner 11 "COUNTY" APPROVED AS TO FORM: 12 COU1tiTY COUNSEL, 13 14 By 'vicole .A. Sims, Deputy li 16 DATED: , 2U 17 1$ DATED: - SUBGRANTEE 19 Bv: 21 By. 23 .ATTEST': 2~ By 25 City Clerk. 26 DATED: , 20 27 ~g c~~r.>.:~ v~.oe~ Fiumeland Security Gr2mt Pr©gram I)epanment of FC~meia~~d Sccarity Page 4 of ~ 55A-8