CFDA: 97.042
Emergency Management Performance Grant
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AGREEMENT TO TRANSFER FUNDS
FOR 2022 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 (“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 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 (FY2022 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 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 property and equipment as are necessa ry, in order to keep said grant property and equipment continually in good working order.
CFDA: 97.042
Emergency Management Performance Grant
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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 COU NTY received the grant funds.
5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in the Attachment C (FY2022 Emergency Management Performance Grant Program: California Supplemen t 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 isions 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 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 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.
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
CFDA: 97.042
Emergency Management Performance Grant
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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, 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 examina tion, 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 o r 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 FY22 EMPG:
b. A SUBRECIPIENT representative must attend half of the Orange County Emergency Managers Organization meetings held from July 1, 2022 through June 30, 2024;
CFDA: 97.042
Emergency Management Performance Grant
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c. SUBRECIPIENT must maintain National Incident Management System (N IMS) 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; e. Only those expenditures specifically detailed in the Financial Management Forms Workbook are approved f or 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.
APPROVED AS TO FORM
COUNTY COUNSEL
By
Wendy J. Phillips, Senior Deputy
DATED: August 15 , 2023
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Sheriff-Coroner
“COUNTY”
DATED: , 20
ATTEST:
City Clerk
DATED: , 20
SUBRECIPIENT
By
Title:
DATED: , 20