HomeMy WebLinkAboutC-8075-8 - Agreement to Transfer Funds for 2020 Emergency Management Performance Grant Program1
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AMENDMENT NUMBER ONE
TO
AGREEMENT TO TRANSFER FUNDS
FOR 2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
This AMENDMENT NUMBER ONE to AGREEMENT TO TRANSFER FUNDS FOR 2020
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM ("Transfer Agreement") is
made and entered upon execution of all necessary signatures.
WHEREAS, COUNTY and SUBRECIPIENT executed a Transfer Agreement to reimburse
SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes;
WHEREAS, the original Transfer Agreement included a deadline for participating jurisdictions to
submit reimbursement requests by June 30, 2021 (Section 15(f));
WHEREAS, some SUBRECIPIENTS were unable to complete their project expenditures within
that timeframe due to extraordinary circumstances of pandemic, fires, and civil unrest during the past
year;
WHEREAS, the terms of the 2020 EMERGENCY MANAGEMENT PERFORMANCE
GRANT PROGRAM has a deadline of June 30, 2022 for the submission of claims;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Section 15(f) is modified to extend the date by which SUBRECIPIENT reimbursement
requests must be received by the COUNTY to June 30, 2022. This extended date for submission of
reimbursement claims applies to the 2020 Emergency Management Performance Grant Program.
2. Except as modified herein, all other terms of the Transfer Agreement for the 2020
Emergency Management Performance Grant Program previously executed by COUNTY and
SUBRECIPIENT remain the same.
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
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IN WITNESS WHEREOF, the Parties have executed this AMENDMENT NUMBER ONE in the
County of Orange, State of California.
APPROVED AS TO FORM
COUNTY COUNSEL
By
Wendy J. hi ips
Title: Senior Deputy
Dated: August 26 , 2021
COUNTY OF ORANGE, a political subdivision of the State of California
By: ` G�
Title: Sheriff -Coroner
Dated: A , 20 Z�
SUBRECIPIENT: City of Newport Beach
By:
K. Leung
Title:
e
anager
Dated: October 01/ , 2021
„(n /- h
Title:
Dated: October (� , 2021
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date• to/1g/�
By, � J
on C. Harp, City Attorney
0 RS�i
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AGREEMENT TO TRANSFER FUNDS
FOR 2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this __ff day of r— 20�pj, 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 and charter city, 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 Area, 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 (FEMA
Preparedness Grants Manual), 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 (FY2020 EMPG 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
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 1 of 4
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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 (FY2020 Emergency
Management Performance Grant Program: California Supplement to the FEMA Preparedness Grants
Manual; 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 (Standard
Assurances for all CalOES Federal Grant Programs) 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 furnishing 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
written consent of COUNTY.
10. SUBRECIPIENT shall provide to COUNTY all records and information requested by I
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 2 of 4
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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. SUBRECENENT 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
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. In the event of
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
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 FY20 EMPG:
b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
Managers Organization meetings held from July 1, 2020 through June 30, 2021;
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 3 of 4
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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;
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;
f. SUBRECIPIENT reimbursement requests received after June 30, 2021 will not be
accepted.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: /aZ , 26A 1
APPROVED AS TO FORM
COUNTY COUNSEL
�
By�eg Grp
Wendy J. Phillips, Senior 136puty
DATED: Sea. , 20_Zj
APPROVED AS TO FORM -
QTY ATTORNEY'S OFHGE
O�on
C. Harp, Attorney 2�
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
COUNTY OF ORANGE, a political subdivision
of the State of California
By o�
Sheriff -Coro
"COUNTY"
SUBRECIPIENT CITY OF NEWPORT BEACH
By
eST.. Leung, City Manag rAT
I � �
Leilani I. Brown, City lerk
DATED:
U
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