HomeMy WebLinkAboutCC RESO 2005 - 265RESOLUTION NO. 2005 — 265
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY
REGARDING THE URBAN AREA SECURITY
INITIATIVE GRANT PROGRAM
WHEREAS, the Urban Area Security Initiative ("UASI") grant program
provides funding for equipment needed to respond to natural disasters or weapons of mass
destruction terrorism incidents that may occur in the San Diego urban area; and
WHEREAS, the City of National City is required to execute a Memorandum of
Understanding with the City of San Diego Office of Homeland Security which documents the
roles, responsibilities, and expectations at the local, state and federal levels, and ensures
that the City of National City, as a participant in the program, agrees to meet the state and
federal requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Memorandum of Understanding with
the City of San Diego Office of Homeland Security regarding Urban Area Security Initiative
grant funding. Said Memorandum of Understanding is on file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of December, 2005.
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Nic nzun a,"+.yor
ATTEST:
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Mic ael Dalla, Cit Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 20, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
et447,1111
City CI k of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-265 of the City of National City, California, passed and
adopted by the Council of said City on December 20, 2005.
City Clerk of the City of National City, California
By:
Deputy
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY
AND THE CITY OF NATIONAL CITY
REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective December 20,
2005, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY (City) and
THE CITY OF NATIONAL CITY (Participating Agency) under the following terms and
conditions:
1. The Participating Agency agrees to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to submit a Reimbursement Request Form
(Attachment B) by the 10th day of each month to request reimbursement for costs
incurred in accordance with the UASI grant program guidelines.
3. The Participating Agency agrees to submit at the time of signing of this MOU,
and on October 1 of each year thereafter, a verified confirmation of its public
safety personnel by category and within the definitions provided in item 3.1
below for each of those categories (Attachment C). Public safety personnel shall
only be counted in one category and one job classification even if they have
multiple disciplines, such as Fire Fighter and Paramedic. The required listing of
public safety personnel shall be by job classification from personnel, payroll
and/or budgetary records by category in the format below.
3.1 Public safety personnel categories and definitions shall be as follows
(civilian personnel shall not be counted):
Fire Services (FS) - Personnel at the urban area jurisdiction level who are
in personnel classifications which provide services as first responders and
meet the Hazmat First Responder Operations level requirements of 29
C.F.R. § 1910.120 (2003) and title 8, section 5192 of the California Code
of Regulations.
Law Enforcement (LE) - Personnel, in accordance with the provisions of
California Penal Code Sections 830-832.16, who work for agencies at the
local and municipal level with responsibility as sworn law enforcement
officers.
Emergency Medical Services (EMS) - Personnel and contractors who,
on a full-time or part-time basis serve as first responders, Emergency
Medical Technician (EMT) I, II or Paramedic on ground -based and aero-
medical services to provide pre -hospital care, through ambulance service,
rescue squad, or medical engine company. Personnel must meet the
1
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
requirements set forth in title 22, sections 100056 through 100180 of the
California Code of Regulations.
HazMat (HZ) — Personnel, full-time or part-time, who identify,
characterize, or provide risk assessment, and mitigate/control the release
of a hazardous substance or potentially hazardous substance as Hazardous
Materials Specialists or Technicians and members of the Hazardous
Incident Response Team.
4. The Participating Agency agrees to maintain all documentation supporting all
expenditures reimbursed from grant funds, and ensure all expenditures are
allowable under grant requirements. Recipients that expend $300,000 or more of
federal funds during their respective fiscal year agree to submit an organization -
wide financial and compliance audit report. The audit shall be performed in
accordance with the U. S. General Accounting Office Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass -Through Agency: Office of Homeland Security;
Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The
records shall be maintained and retained in accordance with UASI grant
requirements and shall be available for audit and inspection by the City and
designated grant agent personnel.
5. The Participating Agency agrees that all its expenditures shall be in accordance
with the pre -approved expenditure details as submitted to the City and approved
by the State of California Office of Homeland Security (CA -OHS) and the U.S.
Department of Homeland Security Office of Domestic Preparedness (ODP). Any
deviations from the pre -approved list shall be submitted to the City for approval
before making such expenditures.
6. The Participating Agency agrees to defend, indemnify, and hold harmless the
City, its agents, officers, and employees, from and against all liability arising out
of the Participating Agency's acts or omissions under this MOU.
7. The City agrees to defend, indemnify, and hold harmless the Participating
Agency, its agents, officers, and employees, from and against all liability arising
out of the City's acts or omissions under this MOU.
2
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of San Diego Office of Homeland Security and the City of National City, by and through
their authorized representatives.
CITY OF SAN DIEGO
By:
Title:
CITY OF NATIO AL ITY
By: 1',
Title:
Nick inzunza, Mayor
I HEREBY APPROVE the form and legality of the foregoing Memorandum of
Understanding this 20th day of December, 2005.
MICHAEL AGUIRRE, City Attorney
By:
Deputy City Attorney
3
SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
Participating Agency: City of National City
Address: 1243 National City Boulevard
City: National City
Telephone Number: (619) 336-4550
Fax Number: (619) 336-4562
Attachment A
State: CA Zip Code: 91950
E-Mail Address: wamedee@ci.national-city.ca.us
As the duly authorized point of contact, I certify that the agency named above:
1. Has the legal authority to receive federal assistance, and has the institutional,
managerial and financial capability to ensure proper planning and management of
grant funds.
2. Will assure that grant funds are only used for allowable, fair, and reasonable
costs.
3. Will give the awarding agency, the Comptroller General of the United States, and
if appropriate, the state, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the award;
and will establish a proper accounting system in accordance with generally
accepted accounting standards or awarding agency directives.
4. Will provide progress reports and such other information as may be required by
the Office of Homeland Security, Office of Emergency Services and/or the
awarding agency.
5. Will initiate and complete the work within the applicable time frame after receipt
of approval of the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain for themselves or others, particularly those
with whom they have family, business or other ties.
7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act
(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in
construction or rehabilitation of residence structures.
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SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
8. Will comply with all federal statues relating to nondiscrimination. These include
but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which
prohibits discrimination on the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§
1681-1683 and 1685-1686), which prohibits discrimination on the basis of
sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794) which prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as
amended, relating to nondiscrimination on the basis of drug abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970,(P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of
housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under
which application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may
apply to the application.
9. Will comply, or has already complied, with the requirements of Titles II and III of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced or whose property is acquired as a result of federal or federally assisted
programs. These requirements apply to all interested in real property acquired for
project purposes regardless of federal participation in purchases.
10. Will comply, if applicable, with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
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SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
11. Will comply with environmental standards which may be prescribed pursuant to
the following:
a. institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(EO) 11514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with EO 11988;
e. assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§ 1451 et seq.);
f. conformity of federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
§ 7401 et seq.);
g. protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended, (P.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271
et.seq.) related to protecting components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO
11593 (identification and preservation of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq).
14. Will comply with Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act, Government
Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19,
Sections 2445, 2446, 2447 and 2448.
15. Has requested through the State of California, federal financial assistance to be
used to perform eligible work approved in the applicant's application for federal
assistance. Will, after the receipt of federal financial assistance, through the State
of California, agree to the following:
a. Promptly return to the State of California all the funds received which
exceed the approved, actual expenditures as accepted by the federal or
state government.
b. In the event the approved amount of the grant is reduced, the
reimbursement applicable to the amount of the reduction will be promptly
refunded to the State of California.
c. Separately account for interest earned on grant funds, and will return all
interest earned, in excess of $100 per federal fiscal year.
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SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C.
Sections 4728-4763) relating to prescribed standards for merit systems for
programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of Personnel Administration
(5 C.F.R. 900, Subpart F).
17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and
7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
18. Will comply with P.L. 93-348 regarding the protection of human subjects
involved in research, development, and related activities supported by this award
of assistance.
19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P.
L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling,
and treatment of warm blooded animals held for research, teaching, or other
activities supported by this award of assistance.
20. Will comply with the minimum wage and maximum hour provisions of the
Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of
institutions of higher education, hospitals, and other non-profit organizations.
21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40
U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18
U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40
U.S.C. Sections 327-333), regarding labor standards for federally assisted
construction sub -agreements.
22. Will not make any award or permit any award (sub -grant or contract) to any party
which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549 and
12689, "Debarment and Suspension."
23. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any federal grant, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative
agreement;
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SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
b. If any other funds than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or an
employee of Congress, or employee of a Member of Congress in
connection with the federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be
included in the award documents for all sub awards at all tiers including
sub -grants, contracts under grants and cooperative agreements, and
subcontract(s) and that all sub recipients shall certify and disclose
accordingly.
d. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
24. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant.
b. Is consistent with needs as identified in the Terrorism Annex to the State's
Emergency Plan, and will be deployed in conformance with that plan.
c. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner consistent
with the California Law Enforcement Mutual Aid Plan or the California
Fire Services and Rescue Mutual Aid Plan.
25. Agrees that funds awarded under this grant will be used to supplement existing
funds for program activities, and will not supplant (replace) non-federal funds.
26. Will comply with all applicable Federal statutes, regulations, policies, guidelines
and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and
Uniform Administrative Requirements for Grants and Cooperative Agreements
contained in Title 28, Code of Federal Regulations, Part 66, that govern the
application, acceptance and use of Federal funds for this federally -assisted
project.
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SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
27. Will comply, and assure the compliance of all its subgrantees and contractors,
with the nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provision of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7100.1, and all other applicable Federal laws,
orders, circulars, or regulations.
28. Will comply with provisions of 28 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures; Part 20,
Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 42, Nondiscrimination/Equal Employment
Opportunities Policies and Procedures; Part 61, Procedures for Implementing the
National Environmental Policy Act; Part 64, Floodplain Management and
Wetland Protection Procedures; and Federal laws or regulations applicable to
Federal Assistance Programs.
29. Will ensure that the facilities under its ownership, lease or supervision which shall
be utilized in the accomplishment of this project are not listed in the
Environmental Protection Agency's (EPA) list of Violating Facilities and that it
will notify the Federal Grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be
used in the project is under consideration for listing by the EPA.
30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act
(ADA) 1990.
31. Will, in the event a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the
grounds or race, color, religion, national origin, sex, or disability against a
recipient of funds, the recipient will forward a copy of the finding to the Office of
Civil Rights, Office of Justice Programs.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the
Department of Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the
current edition of the Office of Justice Programs (OJP) Financial Guide.
34. Will comply, if applicable, with the provision of the Coastal Barrier Resources
Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits
the expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
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SAN DIEGO OFFICE OF HOMELAND SECURITY
Grant Assurances for Urban Area Security Initiative
35. Will comply with all applicable requirements of all other federal laws, executive
orders, regulations, program and administrative requirements, policies and any
other requirements governing this program.
36. Understands that failure to comply with any of the above assurances may result in
suspension, termination or reduction of grant funds.
37. Maintain an equipment tracking system that includes the components identified in
Title 28, Code of Federal Regulations (CFR), Parts 66.32 and 66.33, and DOJ
Financial Guide Part III, Chapter 6.
38. Maintain financial management systems that support grant activities in
accordance with 28 CFR Part 66.20, and DOJ Financial Guide, Part II, Chapter 3.
The undersigned represents that he/she is the point of contact for the above named
agency.
Signature of Point of Contact:
Printed Name of Point of Contact:
Title Date
7
Office of Homeland Security — Urban Area Security Initiative Grant Program
FY 2005
Reimbursement Request Form Attachment B
Mail Reimbursement Request to:
City of San Diego
Office of Homeland Security
1250 Sixth Avenue, Suite 1000A
San Diego, CA 92101
DATE
AGENCY
EXPENDITURE PERIOD: FROM TO
Type of
Expenditures
Approved
Budget
Reimbursement
Requested This
Period
Total
Reimbursements
Requested To
Date
Unexpended
Balance of
Approved
Budget
Equipment (1)
$
$
$
$
Exercise (2)
$
$
$
$
Training (2)
$
$
$
$
Planning (2)
$
$
$
$
Total
$
$
$
$
(1) A listing of all expenditures identified by number on the Approved Budget Detail Worksheet must be submitted as an attachment.
(2) A listing of all personnel costs identified by project number on the Approved Project Detail Worksheet must be submitted as an attachment.
Under penalty of perjury, I certify that:
• I am the duly authorized point of contact of the agency named above
• This claim is in all respects true, correct, and all expenditures were made in accordance with
applicable laws, rules, regulations and grant conditions and assurances
• This claim is for costs incurred within the Grant Performance Period
Point of Contact
Printed Name Phone No.
Title E-Mail Address
Mailing Address Fax No.
City, State, Zip Code
Signature Date
Attachment C
Date:
CERTIFICATION OF PUBLIC SAFETY PERSONNEL
BY CATEGORY
Agency:
Authorized Agent Name:
Authorized Agent Signature:
Public safety personnel shall only be counted in one category, as defined in the
Memorandum of Understanding between the City of San Diego and the participating
agency, and one job classification even if they have multiple disciplines, such as Fire
Fighter and Paramedic. The required listing of public safety personnel shall be by job
classification from personnel, payroll and/or budgetary records. For classifications not
listed, please use the additional lines within each category.
EMERGENCY MEDICAL TECHNICIAN I
EMERGENCY MEDICAL TECHNICIAN II
PARAMEDIC
LII-'hGUARD I
LIFEGUARD II
LIFEGUARD III
LIFEGUARD SERGEANT
MARINE SAFETY LIEUTENANT
LIFEGUARD CHIEF
TOTAL
FIRE RECRUIT (meets FS definition)
FIRE FIGHTER I
CERTIFICATION OF PUBLIC SAFETY PERSONNEL
BY CATEGORY
Page 2 of 3
FIRE FIGHTER II
FIRE ENGINEER
FIRE CAPTAIN
FIRE BATTALION CHIEF
FIRE SHIFT COMMANDER
DEPUTY FIRE CHIEF
ASSISTANT FIRE CHIEF
FIRE CHIEF
TOTAL
HAZARDOUS MATERIALS SPECIALIST
HAZARDOUS MATERIALS TECHNICIAN
TOTAL
POLICE RESERVE
POLICE OFFICER I
POLICE OFFICER II
POLICE AGENT
POLICE CORPORAL
POLICE SERGEANT
POLICE LIEUTENANT
CERTIFICATION OF PUBLIC SAFETY PERSONNEL
BY CATEGORY
Page 3 of 3
POLICE CAPTAIN
ASSISTANT POLICE CHIEF
EXECUTIVE POLICE CHIEF
POLICE CHIEF
RESERVE DEPUTY
DEPUTY SHERIFF
SHERIFF'S SERGEANT
SHERIFF'S LIEUTENANT
SHERIFF'S CAPTAIN
SHERIFFS COMMANDER
ASSISTANT SHERIFF
UNDERSHERIFF
SHERIFF
SENIOR POLICE OFFICER
TOTAL