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Home My WebLink AboutRES 049 Draft 01 2004-2006 ~+~Y O! M~ ' 4 lad COUNTY OF HAWAII STATE OF HAWAII r~ a•N~a~ RESOLUTION NO. 49 f15 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 FY 2005 funding to the Hawaii County Civil Defense Agency to support its continuing Law Enforcement Terrorism Prevention Program (LETPP); and WHEREAS, these State funds, derived from a grant provided by the Department of Homeland Security, Office of State and Local Government Coordination and Preparedness 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 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. N01P1l, THEF~E~ORE, ~E IT FtESOLVE® ~iY THE COUfdCIL OE THE COUf~TY OF HA111IAI`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. ~E 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. EE IT FURTHER RESOLVIEwD 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 Hilo ,Hawaii, this 1st day of March , 2005. INTRODUCED SY: v~ _ , { cif 4~, ~f~ COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL, ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the KIGA vote indicated to the right hereof adopted by the COUNCIL of HoFFMANN the County ofHawai`i on March 1, 2005 HOLSCHUH X IKEDA X ATTEST ISBELL X JACOBSON X PILAGO SAFARIK 9 0 0 0 ~~jj,a ~~7 Reference C-112/B-33/Waived FC ~ l COUNTY CLERK ~ CHAf~M & PRESIDING OFFICER RESOLUTION NO. Memorandum of Agreement For FY 2005 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 of $301,471.00 for the continued development of its Law Enforcement Terrorism Prevention Program (LEfPP). The FY 2005 Office for Domestic Preparedness (ODP) State Homeland Security Program (SHSP) provides law enforcement terrorism prevention program funds for planning, organization, training, exercises, and equipment. The FY 2005 LETPP provides law enforcement communities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism. The FY 2005 LEiPP 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; S) interoperable communications; and 6) management and administration. ARTICLE II -AUTHORITIES Both State Civil Defense and Hawaii County Civil Defense Agency shall follow the guidance listed in the Catalog of Federal Domestic Assistance (CFDA) "Office for Domestic Preparedness Fisca/ Year 1005 Home/and Security Grant Program': Specific guidance is: 28 C.F.R. part 67, Government-wide Debarment and Suspension (Non procuremenfj; 28 C.F.R part 69, New Restrictions on Lobbing, and 28 C.F.R part 83, Government-wide Requirementr for Drug-Free Workplace (Grants). The CFDA number for FY 2005 Homeland Security Grant is 97.067. ARTICLE III - PERIOD OF PERFORMANCE The Period of Performance shall be thirty (30) months from the effective date of the grant award: October 1, 2004 through March 31, 2007. Hawaii County Civil Defense Agency 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 2005 Law Enforcement Terrorism Protection Program funds supports the objectives below: Law Enforcement Terrorism Prevention Program Articles EXHIBIT "A" Expenditures of all grant funds must be allocated against the Implementation Strategy for Hawaii Homeland Security and/or the Urban Area Security Initiative Strategy. 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. Attachment 1 provides the authorized program expenditures for the Law Enforcement Terrorism Protection Program funds. In addition to supporting the equipment categories shown at Attachment2, these funds 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. Funds will also be allocated against 27 projects as shown at Attachment 3. In support of the FY 2005 Law Enforcement Terrorism Protection Program efforts to provide law enforcement communities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, these law enforcement terrorism prevention program funds the Hawaii County Civil Defense may use these funds to support selected operational activities. Hawaii County Civil Defense Agency may use up to 25% of the FY 2005 Law Enforcement Terrorism Prevention Program funds to support operational costs associated with increased security measures at critical infrastructure sites with in County jurisdiction. These funds may be used to support operational overtime costs incurred at Hawaii Homeland Security Advisory System Orange, declared by Department of Homeland Security, that is associated with increased security measures at critical infrastructure sites. Overtime costs for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security. Hiring of contractors/consultants for participation in information/intelligence sharing groups or intelligence fusion center. The Hawaii County Civil Defense Agency is authorized to use up to 2.5% of the Homeland Security Grant Program funds for maintenance and administrative costs for administering the grant program. Hawaii County Civil Defense Agency is not permitted to sub grant funds to another county agencies, however recommend these funds will be administered by the Hawaii County Police Department. 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 Civil Defense Agency 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 Civil Defense Agency 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. Law Enforcement Terrorism Prevention Program Articles ARTICLE VII -ADMINISTRATIVE COST RESTRICTION The Law Enforcement Terrorism Prevention Program cannot be transferred between the Homeland Security Grant Program funds, Citizen Corps Program, or the Emergency Management Performance Grant. ARTICLE VIII -REQUEST FOR ADVANCE Provided previous grant funding (FY 2003 Parts I and II and FY 2004 funds are 100 percent encumbered, the Hawaii County Civil Defense Agency is permitted to request an advancement of the FY 2005 funds up to 120 days prior to expenditure. The FY 2005 State Homeland Security Program funds may be placed in either an interest-bearing or non-interesting bearing account. Interest earned on funds placed in an interest-bearing account must be treated as program income and reinvested into allowable program activities. Interest earned must be reported in quarterly report. Prior to receipt of the advancement, Hawaii County Civil Defense Agency is required to prepare an Operational Expenditure Plan that identifies when funds are expected to be expended. State Civil Defense will advance funds based on a Quarterly Cash Advance Request and Report. State Civil Defense will coordinate the Operational Expenditure Plan on a quarterly basis with Hawaii County Civil Defense Agency and make adjustments in the cash advance based on expenditures and cash flow. Advancements will be made payable by check to the Hawaii County Civil Defense Agency on a quarterly basis provided appropriate documentation of payments made are submitted to State Civil Defense. If an advancement is not requested, payments will be made to Hawaii County Civil Defense Agency based on a reimbursement provided required documentation is submitted to State Civil Defense. ARTICLE IX -FINANCIAL REPORTS FINANCIAL STATUS REPORT: State Civil Defense shall submit financial reports (Financial State Report (SF-269) to the Offce 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. Semi-annual biannual strategy implementation reports are due to the Office for Domestic Preparedness on the last day of the month following the quarter. Changes in the distribution of funds shall be reported. Hawaii County Civil Defense Agency 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 Civil Defense Agency shall submit quarterly reports to State Civil Defense, Attn: Anti-Terrorism Planner by the 5"' day of the month following the ending of each quarter. Law Enforcement Terrorism Prevention Program Articles APPROVED/DISAPPROVED: ROBERT G. F. LEE HARRY KIM Major General, RING Mayor, Hawaii County Director of Civil Defense Date Date APPROVED AS TO FORM: MICHAEL VINCENT Date Deputy Attorney General Law Enforcement Tertorism Prevention Program Articles