Loading...
06-0801_ORANGE, COUNTY OF_Agreement (2)0 0 1 2 AGREEMENT TO TRANSFER PROPERTY OR FUNDS 3 FOR 2005 HOMELAND SECURITY GRANT PROGRAM PURPOSES 4 5 THIS AGREEMENT is entered into this day of 200�p 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 say) �—�Onn a (municipal corporation/special district/not-foi- 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, acting through its Office of Homeland Security, to enhance county -wide 13 emergency preparedness, hereinafter referred to as "the granf', as set forth in the grant documents that 14 are attached hereto as Attachments A and B and incorporated herein by reference. 15 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 16 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 17 purposes. 19 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19, 1 . COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 20 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires 21 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 22 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 23 after acquisition by COUNTY as is reasonably practicable. 24 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 25 gant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or 26 to perform such other grant functions, if any, for which Attachments A and B permit SUBGRANTEE to 27 expend grant ftinds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 28 authorized agent. 2 3 4 5 6 7 8 9 10 I I I I 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 E 0 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or I I services acquired with grant funds only for those purposes permitted under the terms of the grant, and I 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 keqp 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 I and/or services t , o, include but not limited to upgrades, licenses and renewals of said equipment, I technologies and/or services. 6. If equipment acquired with grant fiinds becomes obsolete or unusable, SUBGRANTEE I shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded I 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 performance of this Agreement, including Attachments A and B 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 the performance of this Agreement, including Attachments A and B hereto, 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A and B hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or Do longer will abide by any applicable provision of Attachments A and B hereto. . . . I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 27 28 9. SU13GR-ANTEE 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 I I 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 par -ties hereto. IL 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 and B 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 relie�ed of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEF fails to perform any of the covenants contained in this Agreement, including Attachments A and B hereto, at the time and in the matter herein provided, or b) COUNTY loses finding 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 and B hereto, and shall riot be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 26 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: S-15 , 2009'b 0 APPROVED AS TO FORM: COUNTY COUNSEL Nicole A. Sims, Deputy DATED: -') .2005 By Johnhhaw City Attorney DATED: ATTEST: COUNTY OF subdivision of "COUNTY" SUBGRANTEE a political California By: 6-1"azl�l - David M. Sw/erdlin, Mayor City of San Juan Capistrano Am Margaret R. Monahan , City Clerk DATI(7 2005 e111'w-rj& Otachment A to Transfer Agreement 0 * FY05 Homeland Security GrautTrogram Application Cover Sheet for Operational Areas (Page I of 2) Applicant (county) County of Orange Authorized Agent Information: 2644 Santiago Canyon Road MailingAddress Silverado, CA 92676 City, Stafe, Zip Code Maximum Amount Authorized (from Appendhc A) Contact Information: Catherine Zurn, Captain NamelMle (714) 628-7194 Area CodelQjfice Telephone Number czurn(a),ocsd.orq E -Mail A ddress SHSP Amount Requested S 5,266,673 LETPP Amount Requested S1,528,844 EMPG Amount Requested S 364,366 MMRS Amount Requested $ 220,764 Total Amount Requested (from ISIP) Total Equipment Amount Requested for all Programs From ISIP $4,502,092 From Equipment Worksheet S 4,502,092 FY 05 Homeland Security Grant Program $7,380,647 $7,380,647 91 0 FY05 Homeland Security Grant Program Application Cover Sheet for Operational Areas (Page 2 of. 2) Applicant (county) County of Orange fiWffl7TT-IVW AD TV MAW MWOFTWOOLWRODUKA14 OROW400", Son 47 Statement of Certification - Approval Authority Body - SHSP and LETPP Only By signing below—I hereby certify that the OperationalAreas application represents theApproval Authority Bod '�s y.- n msuff - State - - cm Hzv�nd&curity Grant Program needsftw the Homeland EccurityProgram and Law Enforcement Terrorism Prevention Program. Position/Designee County Public Health 0 County Fire Chief Municipal Fire County Sheriff Chief of Police r Printed Name Title igna 04 M r R. Horton Co. Public Health Offlcer Chip Prather Co. Fire Authority Chief John Welter Newport Reach Fire Chief Statement of Certification - County Authorized Agent - SHSP, LETPP and EMPG Only By signing below, I hereby certify I am the duly appointed AuthorizedAgent and have the�authority to applyfor the FY�-� Homeland Security Grant Program, and the C�;crational Area's application representstKnee s)�r the State Homeland Security Program, Law Enforcement Terrorism Prevention -Z'7TIfA?nhj+qy Management Performance Grantprqgram. Z Sheriff -Coroner Title I Michael S. Carona PrintedName Date FY05 Homeland Security Grant Program "M FY05 Homeland Security Grant Program 9 0 The federal Department of Homeland Security, through the Office for Domestic Preparedness, is providing funding to California for emergency prevention, preparedness, and response personnel to prevent, deter, respond to and recover from threats and incidents of terrorism. The Fiscal Year 2005 Homeland Security Grant Program (FY05 HSGP) will support three separate programs: the State Homeland Security Program , the Law Enforcement Terrorism Prevention Program, and the Emergency Management Performance Grant. Operational Areas are eligible to apply for this grant. The County of Orange, on behalf of the Orange County Operational Area, will be applying for a total of $7,159,883 distributed as follows: $5,266,673 for the State Homeland Security Program, $1,528,844 for the Law Enforcement Terrorism Prevention Program, and $364,366 for the Emergency Management Performance Grant. As part of the State Homeland Security Grant Program, Operational Areas are required to appoint an Anti -Terrorism Approval Body to determine the allocation of grant funding. The Approval Body consists of the Sheriff, the County Public Health Officer, the Chief of the Fire Authority, a municipal fire chief and a municipal police chief. The Approval Body has directed that the, FY05 State Homeland Security Program funds are to be used to support the Operational Area in the following.areas: fire services 20%; law enforcement 20%; health care 20%; and 40% is discretionary. This distribution can change with a 4/5 vote of the Approval Body if it is determined that their operational needs are different from the specified percentages. The Sheiiff-Cororier will return to the Board when the grant is awarded with a more detailed breakdown of the distribution of grant funds. A maximum of 2.5% of the grant funds can be used for grant administration costs. The $5,266,673 in funding allocated for the State Homeland Security Program will be used in the following areas: Planning � Planning for homeland security and emergency operations. Equipment - Purchasing of specialized equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate incidents of terrorism involving the use of chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks. Training - Costs related to the design, development, and conduct of a State CBRNE and cyber security training programs and attendance at ODP -sponsored and approved CBRNE and cyber security training courses. • Exercise - Costs related to the design, development, conduct, and evaluation of CBRNE and cyber security exercises. • Management and Administration - Costs associated with the management of the SHSP and implementing State Homeland Security Assessments and Strategies (SHSAS). The $1,528,844 in funding allocated for the Law Enforcement Terrorism Prevention Program will be used in the following areas: 0 0 • Planning — Planning activities associated with� information sharing; vulnerability assessments; and, development or review of security plans. • Organizational Activities - Overtime personnel costs to participate in information, investigative and intelligence sharing activities specifically related to homeland security. • Equipment - Purchasing of specialized equipment to: improve information sharing and intelligence activities; make vulnerable targets more resistant to attack, removal or damage; further recognize the potential or development of a threat; enhance capabilities to prevent dorriestic terrorism incidents; and, ensure interoperable communications between and among law enforcement agencies and other emergency service disciplines. • Training - Training activities associated with: building information sharing capabilities; methods.of target hardening; improving the skills of security personnel; recognition of CBRNE threats; surveillance techniques; and other activities. 0 Exercise - Exercise activities to plan for, design, develop, conduct and evaluate exercises that train homeland security preparedness, prevention and response personnel, evaluate prevention and response plans, policy, procedures and protocols and assess the readiness ofjurisdiction to prevent and respond to terrorist attack. Management and Administration - Costs associated with the management of the LETPP and implementing State Homeland Security Strategy. The $364,366 in funding allocated for the Emergency Management Performance Grant will be used in the following areas: a 50% is allocated to the 34 cities within the operational area. Each city's allocation is based on population. Each city is required to submit an application to the Operational Area. As part of the application award, each city is required to have a city representative attend a minimum of 6 OCEMO meetings, activate their EOC for an exercise once in the performance period, have a city representative participate in one OCEMO subcommittee and either activate their city EOC, provide staff to support the OA EOC or prcyide staff to another city's EOC. 50% is allocated to the Operational Area for Orange County Operational Area training and EM coordination, OA warning and communication, to promote the EMPG, coordinate and participate in the Orange County Emergency Managers Organization monthly meetings, OA readiness and training and exercises. Budget adjustments related to the grant and authority to transfer grant funds to other jurisdictions in the Operational Area will be requested after the grant is awarded. The Sheriff -Coroner requests that the Board authorize the submittal of the grant application as referenced in the Recommended Actions. ATrACHMENT B 2006bMELAND SECURITY GRANT PROGIO PROJECT LIST � 'fidere! 110110W IMIR 3/Web EOC JIMAP JOC Bomb Squad Enhancements CBRNE Logistical Equipment jPersonal Protection Equipment - Speciality Teams K: Ls n I l3WN!��`; vb-7%— !; 1=1121L "r jim bill 1, lo,111111 r Countywide GIS; Countywide Data Network and Countywide Fire CAD -to -CAD 19 I i i 1:;;ftj �Mrrl in''i enim: I �, Wal-101,1111gi :!I gi WIN 1 1 1 Security Enahancements for Law and Fire Facilities Warehouse lease for HCA and generator Audio/Visual Upgrades for County EOC ,jXdjjWqX= Lsj0R&7n-Wfi :1 !!: fe- Ig Community Education Citizen Corps/VolLinteers - CERT & CMAT Medical Reserve Corp Training/ Backfill Command Officer Response to Terrorism Training Terrorism Liason Officer Training AVv'R 160 Training joint Hazzard Assessment Team Training OCSD - State Approved Trainmg Wo afiWsta ,lb lExercises #X42Wj=11 MaKoMMOMMMMMEM" jIntrigatingNIMS intoSEMS I I Pharmaceuticals/ Medical Supplies JEquipment (EMS Scapehood Mt) Pnnp 1 nf I