HomeMy WebLinkAboutORANGE, COUNTY OF (48) - 20171
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INSURANCE NOT REQUIRED'
WORK MAY PROCEED
CLERK OF COUNCIL.
OATF' 3111201.7
2017 AtT 21 AM 11= n2
A-201
AGREEMENT TOTRANgTI{f�sWNRA14 TA ANA
FOR 2016 EMERGENCY MANAGEMENT PER> 19*'QNCEVil) 14 PROGRAM
THIS AGREEMENT is entered into this _ 7th day of February 2017_., 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
"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 (FY2016
Emergency Management Performance Grants [EMPG] Notice of Funding Opportunity [NOFO]), which
is attached hereto anol 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 (EMPG City 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
CFDA: 97.042
Emergency Management Performance Grant
Department of lomeland Seomity Page I of4
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property and equipment as are necessary, in order is keep said giant property and equipment
continually in good working order.
4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it
I only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
Igrant fonds.
5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and
[information in accordance with requirements set out in the Attachment C (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 at 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.
9. No alteration or variation of the terns 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.
CoA; 97.042
emergency Mannpmem Pcrforlmoc Oran,
Department of Homeland security Page 2 of 4
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10. 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
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. 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 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 FYI EMPG:
CFDA: 97.042
Emergency Management Perfo mance Gant
Department ort lomeland Security
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b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
Managers Organization meetings held from July 1, 2016 through June 30, 2017;
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; 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: �._._ 2017
APPROVED AS TO FORM
Co
In
NSEL
CO . s, Senior Depu
DATED:
FDA: 97.042
mergency Management Performance Grant
epartment of Homeland Security
20
COUNTY OF ORANGE, a political subdivision
of the State of California
By ecI'
Sheriff- rover
"CO Y"
SUBRECIPIENT
ME
ATTEST:
City Clerk
DATED:
Page 4 of
ATTEST:
MA IA D. HUIZAR
Cleric of the Cotmcil
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
ARA BOGOSIAN
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Carlos Rojas
Chief of Police
CITY OF SANTA ANA
®�
GERARDO MOU T
Acting City Manager
OOVERNOwS OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the
legal authority to apply for federal assistance and the institutional, managerial and financial capability
(including funds sufficient to pay any non-federal share of project cost) to ensure proper planning,
management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal
grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR) and updates
are issued by the Office of Management and Budget (OMB) and can be found at
http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents
listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized
body in support of this project. This written authorization must specify that the Applicant and the city
council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be
appropriated as required.
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the
Applicant and the city council, governing board, or authorized body.
(c) Grant funds shall not be used to supplant expenditures controlled by the city council,
governing board, or authorized body.
(d) The official executing this agreement is, in fact, authorized to do so.
Emergency Management Performance Grant Program (EMPG) -2016 Grant Assurances Pagel
lnitial
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with
the federal government. The Applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. These include, but
are not limited to, the following;
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et.
seq.) which prohibits discrimination on the basis of race, color, or national origin and
requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to persons with limited English proficiency (LEP) to their programs and
services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex in any federally funded educational
program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability and requires buildings and structures be accessible to those with disabilities and
access and functional needs; (42 U.S.C, §§ 12101-12213.)
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on
the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd---2), relating to confidentiality of
patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page of 11
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(e) Institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190); Executive Order 12898 which focuses on the
environmental and human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all communities;
(f) Executive Order 11514 which sets forth national environmental standards,
(g) Executive Order 11738 instituted to assure that each federal agency empowered to enter
into contracts for the procurement of goods, materials, or services and each federal agency
empowered to extend federal assistance by way of grant, loan, or contract shall undertake
such procurement and assistance activities in a manner that will result in effective
enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive
Order EO 11990 which requires preservation of wetlands;
(h) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(i) The Endangered Species Act of 1973, (P.L. 93-205);
(j) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air
Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to §
13301 of the California Water Code for violation of waste discharge requirements or discharge
prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will
cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements.
9. Access to Records
In accordance with 2 CFR § 200.336, the Applicant will give the awarding agency, the Comptroller
General of the United States and, if appropriate, the state, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the award.
The Applicant will require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 § 3729 which sets forth that no subgrantee, recipient, or
subrecipient shall submit a false claim for payment, reimbursement or advance.
Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page o
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(b) Comply with flood insurance purchase requirements of Section 102(x) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard
area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §469a-1 et seq.).
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR
Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
18. Certifications Applicable Only to Federally -f=unded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the awarding
agency. Will record the federal awarding agency directives and will include a covenant in the
title of real property acquired in whole or in part with federal assistance funds to assure
nondiscrimination during the useful life of the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the complete work conforms with the approved plans and specifications
and will furnish progressive reports and such other information as may be required by the
assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These
laws prohibit driving motor vehicle while using an electronic wireless communications device to
write, send, or read a text -based communication. Drivers are also prohibited from the use of a
wireless telephone without hands-free listening and talking, unless to make an emergency call to
911, law enforcement, or similar services.
20. Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program, or provided in the course of an entity's grant management activities that are
under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the
California Public Rights Act, California Government Code section 6250 et seq. The Applicant should
consider these laws and consult its own State and local laws and regulations regarding the release
of information when reporting sensitive matters in the grant application, needs assessment, and
strategic planning process.
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24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first produced
under federal financial assistance awards.
25. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating
to energy efficiency that are defined in the state energy conservation plan issued in compliance with
this Act.
26. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of
relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit
overpayments. See OMB Circular A-129.
27. Fly America Act of 1974
All Applicants must comply with Preference for U.S. Flag Air Carriers: (air carriers holding
certificates under 49 U.S.C. § 41102) for international air transportation of people and property to
the extent that such service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by
the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
28. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must
ensure that all conference, meeting, convention, or training space funded in whole or in part with
federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention
and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
29. Non -supplanting Requirement
All Applicants who receive awards made under programs that prohibit supplanting by law must
ensure that federal funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federal sources.
30. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517,
as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific
requirements governing the development, reporting, and disposition of rights to inventions and
patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard
patent rights clause located at 37 C.F.R. § 401.14.
31. SAFECOM
All Applicants who receive awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Pag of
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The undersigned represents that he/she is authorized by the above named Applicant to enter into this
agreement for and on behalf of the said Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed fume of Authorized Agent:
Gerardo Mouet,
Title: Acting City Managers Date:
it
Emeriency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 11�f 1V-1
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