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HomeMy WebLinkAboutRES 187 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 13'7 04 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF DEFENSE, STATE CIVIL DEFENSE, PURSUANT TO HRS 46-7, FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM WHEREAS, the State of Hawaii Department of Defense, State Civil Defense has authorized funding to the Hawaii County Civil Defense Agency to support its Law Enforcement Terrorism Prevention Program (LETPP); and WHEREAS, these State funds, derived from a grant provided by the Department of Homeland Security, Office for Domestic Preparedness (ODP), provide law enforcement communities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism; and WHEREAS, the LETPP funds will be used for information sharing to preempt terrorist information sharing to preempt terrorist attacks; for target hardening to reduce vulnerability of selected high value targets; for threat recognition to recognize the potential or development of a threat; for intervention activities to interdict terrorists before they can execute a threat; for interoperable communications; and for management and administration; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOIOV, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAeWAI`I, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, the Memorandum of Agreement, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County of Hawaii to use these funds for its Law Enforcement Terrorism Prevention Program. RE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. ~E IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance Department, the Hawaii County Civil Defense Agency, and the State of Hawaii Department of Defense. Dated at xilo ,Hawaii, this 19th day of MaY , 2004. INTRODUCED BY: COUNCIL MEMB ,COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CxUNG x vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on MaY 19 , 2004 HOLSCHUH X JACOBSON X ATTEST REYNOLDS X SAFARIK X TULANG X TYLER X ~ 8 0 1 0 Reference G-622/Bill 272 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. Memorandum of Agreement For FY 2004 Department of Homeland Security Grant Program Program: Law Enforcement Terrorism Prevention Program SUBGRANTEE: Hawaii County Civil Defense Agency ARTICLE I -PROGRAM DESCRIPTION Funding assistance is provided to Hawaii County in the amount of $456,544.00 for the continued development of its Law Enforcement Terrorism Prevention Program (LETPP). The FY 2004 Office for Domestic Preparedness (ODP) Homeland Security Grant Program (HSGP) continues to provide planning, equipment, training, exercise, and management and administrative funding to emergency prevention, preparedness, and response personnel. The FY 2004 LETPP provides law enforcement communities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism. The FY 2004 LETPP provides law enforcement communities with funds for the following activities: 1) information sharing to preempt terrorist attacks; 2) target hardening to reduce vulnerability of selected high value targets; 3) threat recognition to recognize the potential or development of a threat; 4) intervention activities to interdict terrorists before they can execute a threat; 5) interoperable communications; and 6) management and administration. ARTICLE II -AUTHORITIES Both State Civil Defense and Hawaii County Civil Defense Agency shall follow the following guidance: 28 C.F.R. Part 66 (Uniform Administrative Requirementr for Grants to States); Office of Management and Budget (OMB) Circular A-87, addressing cost principles for grants to state and local governments; 28 C.F.R. Part 70 (Common Rule for Administrative Requirements for Grants to non-profitr); and OMB Circulars A-122 and A-21, addressing cost principles for grants to non-profit entities. ARTICLE III -PERIOD OF PERFORMANCE The Period of Performance shall be twenty-four (24) months from the effective date of the grant award: April 4, 2004 through April 3, 2006. Hawaii County shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date of the period of performance. ARTICLE IV -AMOUNT AWARDED AND DISTRIBUTION This Memorandum of Agreement for the FY 2004 Law Enforcement Terrorism Prevention Program funds supports the objectives below: Expenditures of all grant funds must be allocated against the Implementation Strategy for Hawaii Homeland Security. Hawaii County Civil Defense Agency is required to complete an initial Detailed Budget Worksheet and an Initial Strategy Implementation Plan identifying the use of the fund. The Department of Homeland Security Office for Domestic Preparedness must approve changes to the Detailed Budget Worksheets and the Initial Strategy Implementation Plan prior to committing funds. EXHIBIT "A" The budget for this award may include the following categories: 1. Personal Protective Equipment (PPE) 2. Explosive Device Mitigation and Remediation Equipment 3. Interoperable Communications Equipment 4. Physical Security Enhancement Equipment 5. Terrorism Incident Prevention Equipment 6. CBRNE Logistical Support Equipment. 7. CBRNE Incident Response Vehicles 8. CBRNE Reference Materials 9. CBRNE Response Watercraft 10. Intervention Equipment 11. Cyber Security Enhancement Equipment 12. Other Authorized Equipment The Fy 2004 LETPP will provide law enforcement communities with funds to support the following prevention activities: information sharing to preempt terrorist attacks; target hardening to reduce vulnerability of selected high value targets; recognition of potential or developing threats; Interoperable communications; and intervention of terrorists before they can execute a threat. These funds may be used for planning, organization, training, exercises, and equipment. Hawaii County Civil Defense Agency may use funds to hire program personnel to support the management of the grant. Twenty (20) percent of the LETPP funds may be used to support personnel to participate in information, investigative and intelligence sharing activities specifically related to homeland security. Hawaii County can provide overtime to support increases in the Hawaii Homeland Security Advisory levels to Orange, Red, or Black. Overtime and backfill is authorized to support the county's training and exercise program. ' Hawaii County Civil Defense Agency is not permitted to sub grant funds to another county agencies. ARTICLE V -COST-SHARE/MATCH There is no cost-share or match required for these grant funds. If costs exceed the maximum amount of funding, Hawaii County shall pay the costs in excess of the approved budget. ARTICLE VI -MAINTENANCE OF EFFORT/SUPPLANTING OF FUND The purpose of these funds is to support Hawaii County to improve or enhance the county's ability to prevent, deter, respond to, and recover from threats and acts of terrorism program activities. The funds shall be used to supplement and shall not be used to supplant county funds dedicated to this effort. ARTICLE VII -ADMINISTRATIVE COST RESTRICTION The Law Enforcement Terrorism Prevention Program funds cannot be transferred between the Homeland Security Grant Program and the Citizen Corps Program funds. ARTICLE VIII -REQUEST FOR ADVANCE The preferred method of payment will be a cash advance method. Prior to receipt of the award, Hawaii County Civil Defense Agency is required to prepare an Operational Expenditure Plan that identifies when funds will be committed. State Civil Defense will advance funds based on the expenditure plan. Payment will be made to the county provided required documentation is submitted to State Civil Defense. Checks will be made payable and forwarded directly to County agency identified by Hawaii County Civil Defense Agency. Appropriate documentation for payment will include a copy of the purchase order/contract, and vendor invoice certified "purchases/services received" submitted to State Civil Defense. State Civil Defense will process payment directly with Department of Defense Fiscal Office. State Civil Defense will coordinate the Operational Expenditure Plan on a quarterly basis with Hawaii County Civil Defense Agency and make adjustmenfs in the cash advance based on expenditures and cash flow. ARTICLE IX -FINANCIAL REPORTS FINANCIAL STATUS REPORT: State Civil Defense shall submit financial reports (Financial State Report (SF-269) to the Office of the Comptroller within 45 days after end of each quarter. Reports are due February 15, May 15, August 15, and November 15. Final financial reports are due 90 days after the close of the grant. Hawaii County Civil Defense Agency will be required to provide a status report to State Civil Defense on a quarterly basis so as to allow compliance with the Office for Domestic Preparedness reporting requirements. REPORT SUBMISSION: Hawaii County should submit quarterly reports to State Civil Defense, Attn: Anti- Terrorism Planner by the 5~' day of the month following the ending of each quarter. APPROVED/DISAPPROVED: ROBERT G. F. LEE Harry Kim Major General, HIARNG Mayor, Hawaii County Director of Civil Defense Date Date APPROVED AS TO FORM: MICHAEL VINCENT Date Deputy Attorney General