HomeMy WebLinkAboutC-8075-2 - Agreement to Transfer Funds for 2015 Emergency Management Performance Grant Program1
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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
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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
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Attachment B - Form of Transfer Agreement
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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
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Attachment B - Form of Transfer Agreement
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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.
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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
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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
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