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Home My WebLink About55A - 2010 EMERGENCY MANAGEMENT GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: FY 2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Fire Chief to submit a grant application through the State of California for the U.S. Department of Homeland Security, 2010 Emergency Management Performance Grant Program. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County Sherriff's Office in the amount of $38,108, subject to non- substantive changes approved by the City Manager and City Attorney. 3. Approve an Appropriation Adjustment recognizing the 2010 Emergency Management Performance Grant funds and appropriate the same into the 2010 Emergency Management Performance Grant expenditure account. DISCUSSION The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Emergency Management Performance Grant Program (EMPG). The funds cover salary costs for SAFD personnel attending various Operational Area Emergency Operation Center planning and training meetings, and miscellaneous equipment for the City's Emergency Operation Center. FISCAL IMPACT Approval of the appropriation adjustment will increase anticipated revenues in the Fire Department 2010 Federal Grant - Indirect revenue account by $38,108 (account no. 14615002-52001) and increase the 2010 EMPG Grant, expenditure account by the same amount (account no. 14615362- various). APPROVED AS TO FUNDS AND ACCOUNTS: David Thomas Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 55A-1 55A-2 jas:102110 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO ACT ON BEHALF OF THE CITY TO OBTAIN 2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security, Emergency Management Performance Grant Program, which provides funds to build state and local emergency management capabilities. B. The County of Orange as a subrecipient of 2010 Emergency Management Performance Grant funds, will provide funds to local governments for implementation of countywide emergency management capabilities. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute for and on behalf of the City, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor 55A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF PUBLICATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AGREEMENT TO TRANSFER FUNDS FOR 2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this day ofJUI 20 which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, apolitical subdivision of the State of California, hereinafter referred to as "COUNTY," and 7l/ %lt? a municipal corporation, hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff=Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency f or the Operational Area, has applied for, received and accepted the 203.0 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 21 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all 22 required information and documentation, as set forth in Attachment B (EMPG City Application) and 23 Attachment C (EMPG City Claim), which are attached hereto and incorporated herein by reference. 24 2. Throughout their useful life, SUBGRANTEE shall use grant property and equipment 25 I only for grant purposes in accordance with Attachment A hereto. 26 3. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and j 27 = equipment from damage or destruction and shall provide regular maintenance and such repairs for grant i 28 CPDA: 97.042 i Emergency Management Performance Grant h Department of Homeland Security Page I of4 55A-5 1 2 3 4 56 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 keep said grant property and equipment continually in good working order. 4. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only 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 ibided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D, )r E hereto. 7. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State kuditor General with respect to this Agreement for a period of three years after final payment iereunder. 8. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the f gency from which COUNTY received grant funds, and their elected and appointed officials, officers, gents and employees from any and all claims and losses accruing or resulting to any and all contractors, ubeontractors, laborers, and any other person, firm or corporation fumishing or supplying work, ,rvices, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, Icluding Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or :sulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the -rformance 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. CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security Page 2 of 4 I! 55A-6 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 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 r 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 Hinds or other persons o agencies. 13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE faits 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. JJ JJ ? JJ 28 1H CFDA: 97.042 Emergency Management Performance Grant Department of Horneland Security Page 3 of 4 55A-7 1 2 3 4 5 6 7 s 9 10 It 12 13 14 1s 16 17 18 19 20 21 22 , 23 24 2s 26 . i 27 i 28 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 By Sheriff Coroner °`COUNTY" APPROVED AS TO FORM: COUNTY COUNSEL BY __ Q 1\icole A. Sims, Deputy DATED; 7 r 2010 DATED: 720_._ SUBGRANTEE: By ATTEST: City Clerk DATED: ,20 CFDA: 97.042 Emergency Management Perromunce Grant Department of Homeland Secunty Page 4 of 4 55A-8