CFDA: 97.042
Emergency Management Performance Grant
Department of Homel
and Security
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28 AGREEMENT TO TRANSFER FUNDS
FOR
202
1 EMERGENCY MANAGEMENT PERFORMANCE 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 politica l
subdivision of the State of California, hereinafter referred to as “COUNTY ,”
and
___________________
, a municipal corporation, hereinafter referred to as “
SUBRECIPIENT
.”
WHEREAS
, COUNTY, acting through its Sheriff
-
Coroner Department, hereinafter referre
d 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 (“CalO
ES”)
.
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 se
t forth in Attachment A hereto (
FEMA
Preparedness Grants Manual
), which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to
SUBRECIPIENT
grant funds, in arrears, as necessar
y 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 documentati
on, as set forth
in Attachment B
(
FY202
1 EMPG
Financial
Management Forms Workbook)
, which is attached hereto and incorporated herein by reference.
2. Throughout their useful l
ife, grant
property and equipment
shall be used by
SUBRECIPIENT
only for grant purposes
in accor
dance 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
property and equipment as are necess
ary, in order to keep said grant property and equipment continually in good working order.
Attachment B
ATTACHMENT - 2
CFDA: 97.042
Emergency Management Performance Grant
Department of Homel
and Security
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28 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 CO UNTY received the
grant funds.
5. SUBRECIPIENT
shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in
th
e
Attachment
C
(
FY202
1 Emergency
Manage
ment Performance Grant Program:
California Suppleme
nt
to the
FEMA Preparedness Grants
Manual
; 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 prov
i
sions 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 Agreemen
t 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 claim
s 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 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be bi
nding 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.
10. SUBRECIPIENT
shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterl
y reports and such other reports or records as COUNTY may be Attachment B
ATTACHMENT - 2
CFDA: 97.042
Emergency Management Performance Grant
Department of Homel
and Security
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28 required to provide to the agency from which COUNTY received grant fund s 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,
includi
ng 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 examin
ation, 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 Ag
reement, 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 pro per 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 un
der the FY
2 1
EMPG:
b.
A SUBRECIPIENT
representative must attend half of the Orange County Emergency Managers Organization meetings held from Ju
ly 1, 202
1 through June 30, 202
3 ;
Attachment B
ATTACHMENT - 2
CFDA: 97.042
Emergency Management Performance Grant
Department of Homel
and Security
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28 c.
SUBRECIPIENT
must maintain
N
ational Incident Management System (N
IMS
)
compliance
;
d.
For any pe
rsonnel whose salary is charged to the grant, that specific individual must meet the training and exercise requirements set forth in the grant guidance; 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 A
greement
in the County of Orange,
State of California.
DATED:
________________
, 20___
COUNTY OF ORANGE, a po
litical subdivision
of the State of California
By ____________________________________
Sheriff
-
Coroner
“COUNTY”
APPROVED AS TO FORM
COUNTY COUNSEL
By ___________________________________
Wendy J. Phillips, Senior Deputy
DATED:
______________
__
, 20___
SUBRECIPIENT ________________________
By ____________________________________
ATTEST:
_________________________________
City Clerk
DATED:
Attachment B
ATTACHMENT - 2