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HomeMy WebLinkAboutC-8075-2 - Agreement to Transfer Funds for 2015 Emergency Management Performance Grant Program1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment B - Form of Transfer Agreement Page 1 of 117 AGREEMENT TO TRANSFER FUNDS FOR 2015 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this 28th day of June 2016. which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and City of Newport Beach a municipal corporation, hereinafter referred to as "SUBRECIPIENT." WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency for the Operational Aria, has applied for, received and accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant") from the California Office of Emergency Services ("CalOES"). WHEREAS, the purpose of the grant is to support comprehensive emergency management at the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation, response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY2015 Emergency Management Performance Grants [EMPG] Program Funding Opportunity Announcement [FOA]), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (EMPG City Financial Management Forms Workbook), which is attached hereto and incorporated herein by reference. 2. Throughout their useful life, grant property and equipment shall be used by SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto. 3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant CFDA: 97.042 Emergency Management Performance Grant Department of Homeland security Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment B - Form of Transfer Agreement Page 2 of 117 property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in the Attachment C (Emergency Management Performance Grant Program: California Supplement to the Federal Program Funding Opportunity Announcement; or, The State Guidance), which is attached hereto and incorporated herein by reference. 6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (FY15 Emergency Management Performance Grant Agreement Articles, Assurances, Certifications, Terms, and Conditions) hereto. SUBRECIPIENT shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, or D hereto. 7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, 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 fiimishing or supplying work, services, materials or supplies in connection with SUBRECIPIENT's performance of this Agreement, including Attachments A, B, C, and D 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 SUBRECIPIENT in the performance of this Agreement, including Attachments A, B, C, and D hereto. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in 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 parties hereto. 9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express I written consent of COUNTY. CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment B - Form of Transfer Agreement Page 3 of 117 10. SUBRECIPIENT shall provide to COUNTY all records and information requested by II 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. 11. For a period of three years after the final Federal Financial Report hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT 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, B, C, and D hereto. For the same time period, SUBRECIPIENT shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBRECIPIENT, upon request, during usual working hours. 12. SUBRECIPIENT 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 the final Federal Financial Report hereunder. 13. COUNTY may terminate this Agreement and be relieved of the payment of any I I consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. hi the event termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in I I the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. 15. By signing this Agreement, SUBRECEIPIENT understands and agrees that: a. Failure to follow grant guidance, including those detailed below, will result in ineligibility for any reimbursement under the FYI EMPG: CFDA: 97.042 Emergency Management Performance Grant Deparunent of Homeland Security Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment B - Form of Transfer Agreement Page 4 of 117 b. A SUBRECIPIENT representative must attend half of the Orange County Emergency Managers Organization meetings held from July 1, 2015 through June 30, 2016; c. SUBRECIPIENT must maintain National Incident Management System (NIMS) compliance; d. For any personnel whose salary is charged to the grant, that specific individual must meet the training and exercise requirements set forth in the grant guidance; and e. Only those expenditures specifically detailed in the Financial Management Forms Workbook are approved for funding; any changes must be pre -approved by the California Office of Emergency Services. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 61_) 20L6 DATED: /,t/;, ,2016 APPROVED AS TO FORM: CITY ATTORN 'S FICE Date: 0 COUNTY OF ORANGE, a political subdivision of the State of California By Sheriff -Corn r "COUNTY' APPROVED AS TO FORM: COUNTY COUNSEL �e By Nicole A. Sims, Deputy DATED: U .20/Sr SUBRECIPIENT: ,mom 0c Ke*1 r1CV �Z_Q nN By '4�v CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security ATTEST: ��� City Clerk Page 4 of DATED: � / „r n/ TO: FROM CITY OF NEWPORT BEACH City Council Staff Report June 28, 2016 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Katie Eing, Emergency Services Coordinator PHONE: 949-644-3670, keing@nbpd.org TITLE: Emergency Management Performance Grant Authorization ABSTRACT: In order for the City of Newport Beach to receive future funding from the Emergency Management Performance Grant (EMPG), we must re -identify and re -authorize agents of the City to execute all grant related documents as required by the Federal Emergency Management Agency (FEMA) every two years. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-80, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager and the Police Chief to Act as the City's "Authorized Agents" to Sign and Execute Documents for the Purpose of Participating in the Emergency Management Performance Grant Program. FUNDING REQUIREMENTS: The EMPG provides approximately $10,000 annually in revenue to support the City's Emergency Management Program and activities. DISCUSSION: The City's Emergency Management Program is managed by the Police Department and includes several key components: education, training, planning and multi -agency coordination. The City is served by the Orange County Sherriff's Department Emergency Management Bureau, which is the lead agency of the Orange County Operational Area (OA). The OA is the countywide advisory body responsible for preparing for, responding to and mitigating local emergencies. A primary function of this group is the coordination of the State and Federal grants. 3-1 Emergency Management Performance Grant Authorization June 28, 2016 Page 2 The EMPG program provides grants to states to support state, local, tribal and territorial governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). Title VI of the Stafford Act authorizes FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the federal government and the states and their political subdivisions. The purpose of EMPG is to sustain and improve comprehensive emergency management programs at the state, tribal, territorial governments and local levels from all man-made and natural disasters through the prevention, mitigation, response and recovery for all hazard events. The City has received EMPG since 1998 and previously used the funding to purchase equipment for the Emergency Operations Center (EOC), to conduct City-wide EOC disaster exercises and training city staff on the National Incident Management System (NIMS) as well as the Disaster Service Worker program. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution 3-2 ATTACHMENT A RESOLUTION NO. 2016-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER AND THE POLICE CHIEF TO ACT AS THE CITY'S "AUTHORIZED AGENTS" TO SIGN AND EXECUTE DOCUMENTS FOR THE PURPOSE OF PARTICIPATING IN THE EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM. WHEREAS, the Federal Emergency Management Agency, in partnership with the California Governor's Office of Emergency Services, administers the Emergency Management Performance Grant Program nationally as state and local emergency preparedness assistance; and WHEREAS, the City of Newport Beach is eligible to apply for Emergency Management Performance Grant funds; and WHEREAS, the procedures established by the Federal Emergency Management Agency and the California Governor's Office of Emergency Services require the applicant to certify by resolution the designation of the individuals authorized to sign and execute the Emergency Management Performance Grant Program. NOW THEREFORE, BE IT RESOLVED that the City Council authorize the City Manager and the Police Chief to act as the "Authorized Agents" to execute on behalf of the City any actions necessary to obtain federal financial assistance provided by the Federal Emergency Management Agency and sub -granted through the State of California. Adopted this 28th day of June, 2016. Diane Dixon, Mayor ATTEST: Leilani I. Brown, City Clerk 3-3