The URL can be used to link to this page

Home My WebLink AboutORANGE, COUNTY OF (34)&WHIZZIN11.1 Attachment B - Form of Tram,,vi Agreement 1 2 3 4 5 6 7 8 9 0 12 13 14 is 16 17 is 19 20 21 22 23 24 25 26 27 28 Kcturn UKK.ANAL Executed Copy to CoTc /7 k/,,,W (M-30/T1,1) MAR 15 2019 fl� T AGREEMENT 1'01'RANSFER FUNDS FOR 2018 EMERGENCY MANAGEMENTPERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this — day of 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 City of Santa Ana a municipal corporation, hereinafter referred to as "SUB RECIPIENT," 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 (FY 2019 Emergency Management Performance Grants [EMPG] Notice of Funding Opportunity [NOFO]), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. 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 rCtiLtired information and documentation, as set forth in Attachment B (FY 2018 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 CVDAq7P42 hnogenc� Management llafbi mance Grant Npavlment of I fomelnd Secun(�, Nee I ot'4 M Attachment B - Form of Transrer Agreement Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 property and eqL1ipr11C11t as are necessary, in order to keel) said grant property and equipment continually in good working order, 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it 11 only in accordance with the instructions of COUNTY or the agency from which COUNTY received the I I I grant funds, 11 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and i information in accordance with requirements set out in the Attachment C (FY 2018 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 (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 I 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. S. 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 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. 0 D,,V (17.042 I'metv'ency kfaaalgcojellt Peffolmance Grant Phparancnt aH lomeland Security Page 2 44 Attachment B - Form of Tran6,ur Agreement 1 2 3 4 5 6 7 8 9 lU 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M SUBRECIPIENT 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 I I required to provide to the agency from which COUNTY received grant funds or other persons or � 11agencies. 11, For a period of three years after the final Federal Financial Repoli 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 prernises, of SUBRECIPIENT, upon request, during usual working hours. 12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the California State Auditor with respect to this Agreement for a period of three years after the final Federal Financial Repoli hereunder. 13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perforin 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 Linder the gratit. Ill the event of termination, COUNTY may proceed with, the work in any manner deellied proper by COUNTY. 14. SUBRECIPIENT and its agents and employees shall act in all 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, SUBRECIPIENT understands and agrees that: a. Failure to follow grant guidance. including those detailed below, will result ill ineligibility fir any reirlibursernent tinder the FY 2018 EMPG: ('11)A: 97,042 Fmergmcy Management flaformance Giani 11cprttnen( ol'i Inineland Sectuity Pagt,.1 of'4 Attachment 8 - Form of Trar,.,,er Agreement 1 2 3 4 5 6 7 8 9 10 11 12 11 14 15 16 17 is 19 20 21 22 23 .24 25 26 27 28 b. A SUBRECIPIENT representative must attend half of the Orange County Emergency Managers Organization meetings held from July 1, 2018 through June 30, 2019; 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 foilli 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: 20 COUNTY OF ORANGE, a political subdivision of the State of California APPROVED AS TO FORM COUNTY COUNSEL By -01P�,4 d All't Wendy W1 Ilips, S e-nior/Deputy DATED:--—-., 20 — APPROVED AS TO FORM Sonia R. Carvalho Cit rtorney TamaraBoosian Assistant City Attorney CFDA: 97,04-1 Emergency Management PCI rof nlancc 0-aw Deptimew ol'Homeland Secmity By Sheriff -Coroner "COUNTY„ SUBRECIPIENT M ATTEST: City Clerk DATED: &turn OKIGINAL Executed Copy to COTC Page 4 o1'4 NORMA MITRE Acting Clerk of the Council RECOMMENDED FOR APPROVAL: DAVII—DVALENTIN Chief of Police STEVEN MENDOZA Acting City Manager