HomeMy WebLinkAboutC-4982 - Agreement to Transfer Funds for 2010 Emergency Management Performance Grant Programc
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M
AGREEMENT TO TRANSFER FUNDS
FOR 2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this / :4- day of ,TUi 20_, 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
CI fF QT OWI0&f'f-6,ekcka municipal corporation, hereinafter referred to as
"SUBGRANTEF.,."
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 2010 Emergency Management Performance Grant from the California Emergency
Management Agency (hereinafter referred to as "the grant').
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 mitigation, preparedness, response
and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY10 EMPG Program
Narrative), which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SU13GRANTEE grant funds, in arrears, as necessary to
reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
e ebtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
required information and documentation, as set forth in Attachment B (EMPG City Application) and
Attachment C (EMPG City Claim), which are attached hereto and incorporated herein by reference.
2. Throughout their useful life, SUBGRANTEE shall use grant property and equipment
only for grant purposes in accordance with Attachment A hereto.
3. SUBGRANTEE 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
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property and equipment as are necessary, in order to keep said grant property and equipment
I continually in good working order.
4. if grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only
I I in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant
I funds.
5. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in the Attachment D (Emergency Management
Performance Grant Program: Recipient Subgrant Guide for Local Governments Fiscal Year 2010),
which is attached hereto and incorporated herein by reference.
6. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E (Grant
Assurances) hereto_ SUBGRANTEE 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, D,
or E hereto.
7. SUBGRANTEE 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 final payment
hereunder.
8. SUBGRANTEE 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 famishing or supplying work,
services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C, D and E 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 SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C, D, and E hereto.
9. 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.
-FDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 2 of 4
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10. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
11. For a period of three years after final payment hereunder or until all claims related to
this Agreement are finally settled, whichever is later, SUBGRANTEE 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, D and E hereto. For the same time
period, SUBGRANTEE 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 SUBGRANTEE, upon
request, during usual working hours.
12. SUBGRANTEE shall provide to COUNTY all records and information requested by
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.
13. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including the applicable terms of Attachments A, B, C, D, and E 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. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
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:FDA: 97.042
Emergency Management Performance Gram
>epartmenl of Homeland security Page 3 of 4
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 201/
DATED:J2 Icx r 9 � ,20 10
FDA: 97.042
?rnngency Management PnCOnnance Gtanl
Xpartn nt of Homeland Secunty
COUNTY OF ORANGE, a political
subdivision of the State of California
By try
Sheri -Cor
"COUNT' er
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole A. Sims, Deputy
DATED: '/"- 1 2010_
SUBGRANTEE: Q �R
BY 2 6
ATTEST:
City Clerk � J
4 DATED: Och ,0� 2010
Page 4 of 4
BY TH
CITY OF
aEWPORT
= CITY OF
NEWPORT BEACH T57
off'' City Council Staff Report Agenda Item No. 15
October 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Michael Morgan, Interim Fire Chief
949 - 644 -3101, mmorgan @nbfd.net
PREPARED BY: Katie Eing, Emergency Services Coordinator
APPROVED: � O.
� 1
TITLE: Accept the 2010 Emergency Management Performance Grant
ABSTRACT:
The Emergency Management Performance Grant (EMPG) is a FEMA pass through
grant that provides funding for local emergency services programs.
RECOMMENDATION:
1. City Council accept the 2010 Emergency Management Performance reimbursement
Grant for $12,000 in funding for maintaining the City's emergency management
program.
2. City Council approve Budget Amendment No. 12BA -013 increasing revenue
estimates by $12,000 in 2355 -4896, and appropriating those funds into Fire
Department account 2355 - 82008.
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $12,000 in additional revenue from
2355 -4896 and $12,000 in increased expenditure appropriations. The revenue will be
posted to the 2355 -4896 account in the Fire Department and the purchase will be
expensed to the 2355 -82008 account.
DISCUSSION:
In FY 2010, under the direction of the Department of Homeland Security (DHS), the
Federal Emergency Management Agency (FEMA) announced the availability of grant
reimbursement funding to promote and sustain state and local emergency
preparedness programs. The primary objective of the funding is to support state and
Accept the 2010 Emergency Management Performance Grant
October 11, 2011
Page 2
local governments to prevent, prepare for, mitigate against, respond to and recover from
emergencies and disasters whether natural or man -made.
This funding will assist the City of Newport Beach to continue the current emergency
management program responsibilities including: maintaining the City's Emergency
Operations Center (EOC), conducting City -wide EOC emergency drills, and training city
staff.
The FEMA Grant guidance for the 10 EMPG reimbursement grant requires a 50 percent
funding match. In addition, the Orange County Operational Area requires an activation
of the City's Emergency Operations Center for an exercise or an actual event, and
representation at monthly Orange County Emergency Management Organization
(OCEMO) meetings during the grant fiscal year.
The City has fulfilled all grant guidance requirements, and in accordance with Council
Policy, the Fire Department requests Council to accept this grant funding, and deposit
funds into the Fire Department Emergency Management Division account 2355 - 82008.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQK) 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).
Submitted by:
Attachment: A. Budget Amendment
City, If Newport Beac h NO. BA- 12BA -013
BUDGET AMENDMENT
2011 -12 AMOUNT: $1z,000.00
EFFECT ON BUDGETARY FUND BALANCE:
8 Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations due to receipt of the 2010 Emergency Management
Performance Grant that will be used to continue the City's current emergency management program responsibilities
/_[KK91H1> 111101ZLei :1 111ft i
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
REVENUE ESTIMATES (3601)
Fund /Division Account Description
2355 4896 Fire - Emergency Mgmt Perf Grant $12,000.00
EXPENDITUREAPPROPRIATIONS (3603)
Signed:
Signed:
Approval: City Manager
City Council Approval: City Clerk
Io 4
Date
Date
Description
Division
Number
2355 Fire - Disaster Preparedness
Account
Number
82008 Emergency Mgmt Perf Grant Exp
$12,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic System Entry.
/�
Signed: `D," Li
p g
Financial
ppro I: Administrative Services Director
Date
Signed:
Signed:
Approval: City Manager
City Council Approval: City Clerk
Io 4
Date
Date