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HomeMy WebLinkAboutORANGE, COUNTY OF (16)N It;,,jiAid C�UIP,ED N-2021-147 0 W(V 'RCICEF) Return ORIGINAL 2 executed copy to COTC, AGREEMENT TO TRANSFER FUNDS M-30 3 FOR 2020 EMERGENCY MANAGEMENT PERFORMANCE GRAD 4 COVID-19 SUPPLEMENTAL 5 6 THIS AGREEMENT is entered into this day of 20which date is 7 enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political 8 subdivision of the State of California, hereinafter referred to as "COUNTY," and 9 City of Santa Ana a municipal corporation, hereinafter referred to as 10 "SUBRECIPIENT." 11 WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to 12 as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and 13 accepted the Emergency Management Performance Grant COVID-19 Supplemental (hereinafter referred 14 to as "the grant') from the California Office of Emergency Services ("CalOES"). 15 WHEREAS, the purpose of the grant is to support comprehensive emergency management at 16 the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation, 17 response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FEMA 18 Preparedness Grants Manual), which is attached hereto and incorporated herein by reference. 19 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to 21 reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In 22 order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF 23 all required information and documentation, as set forth in Attachment B (FY2020 EMPG-S Financial 24 Management Forms Workbook), which is attached hereto and incorporated herein by reference. 25 2. Throughout their useful life, grant property and equipment shall be used by 26 SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto. 27 3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and 28 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant CF➢A: 97.041_ E wrgcncy P:rfnmo,—, Grant r 7 _, 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 property and equipment as are necessary, in order to peep 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 fiords. 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in the Attachment C (Fiscal Year 2020 Emergency Management Performance Grant Program COVID-19 Supplemental (EMPG-S): California Supplement to the Federal Notice of Funding Opportunity 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 Non -Disaster 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 I writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or I 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. Cr-DA' 97.042 %hnaz_mcmf Paronnv..cc Gran; 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. SUBRECWIENT 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. 1 ] . 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 filial Federal Financial Report hereunder. 13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBRECIPIENT if a) SUBRECIl'IENT 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 EN PG-S: CFDA: 97.042 Emergency Manaeement Performance Grm;t i ..[rrt 1 2 3 4 5 6 7 8 9 to 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. SUBRECIPIENT must maintain National Incident Management System (NIMS) compliance; c. Only those expenditures specifically detailed in the Financial Management Forms Workbook are approved for funding; any changes must be pre -approved by CaIOES; d. Grant funds may not be used for exercises; e. Equipment purchased with ant funds must be on the Authorized Equipment List in P �' an eligible category; the SUBRECIPIENT is responsible for ensuring equipment is eligible as some categories are excluded. 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. APPROVED AS TO FORM COUNTY COUNSEL By Wendy J. Phillips, Senior Deputy DATED: 20 I DATED: 120 APPROVED TO FORM S nia R. Carvalho � t JJAlIttorne vl�� Tamara Bogosian Senior Assistant City Attorney CFDA: 97 042 \laua-:n'er: P'l wmm-.e Grvtt COUNTY OF ORANGE, a political subdivision of the State of California CA Sheriff -Coroner "COUNTY" SUBRECIPIENT: City of Santa Ana By: �9� r Title: Kristine Ridge, Cif Manage] DATED: +RUs� GOMG-.