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Home My WebLink About55E - RESO 2008 EMERGENCY MGMT PERFORMANCE GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: FY 2 0 0 8 EMERGENCY MANAGEMENT PERFORMANCE GRANT v/1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd 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, 2008 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 in the amount of $25,134, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Approve an Appropriation Adjustment recognizing the 2008 Emergency Management Performance Grant funds and appropriate the same into the 2008 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. 55E-1 2008 Emergency Management Performance Grant February 2, 2009 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase anticipated revenues in the Fire Department 2008 EMPG Grant revenue account by $25,134 (account no. 146-01-5350-11) and increase the 2008 EMPG Grant, expenditure account by the same amount (account no. 146-341-various). APPROVED AS TO FUNDS AND ACCOUNTS: C~~ G Marc Martin Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 55E-2 Iss:011409 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM 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. B. Emergency Management Performance Grants provide funds to build state and local emergency management capabilities. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Fire Chief to submit a grant application in the amount of $25,134.00, to the California Office of Emergency Services, Office of Homeland Security for the fiscal year 2008 Emergency Management Performance Grant funding program. The grant funds will be used to implement emergency planning and preparedness measures, including EOC and communications training and testing. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute and submit all documents and take any actions necessary, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. 55E-3 Section 4. 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 , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF PUBLICATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-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 55E-4 Exhibit B of ASR 11 21 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 28 AGREEMENT TO TRANSFER FUNDS FOR 2008 EMERGENCY MANAGEMENT FERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this day of 200 ,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 a municipal corporation, hereinafter referred to as i "SUBGRANTEE." 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 from the Governor's Office of Emergency Services (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 (08 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 SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and penmissible expenditures for the grant purposes. In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (EMPG City Application) hereto, which is attached hereto and incorporated herein by reference. 2. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 3. SUBGRANTEE shalt 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 shrntr zoos Page I of 4 Page 1 of 80 55E-5 Exhibit B of ASR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ib 17 18 19 20 2l 22 23 2a 25 26 27 28 property and equipment as aze necessary, in order to keep said grant property and equipment continually in good working order. 5. 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 funds. 6. SUBGRANTEE 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: Recipient Subgrant Guide for Local Governments Fiscal Year 2008), which is attached hereto and incorporated herein by reference. 7. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, and C hereto. SUBGRANTEE shall notify COUNTY inunediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, or C hereto. 8. SUBGRANTEE and COUIv"TY shall be subject to examination and audit by the State I; Auditor General with respect to this Agreement for a period of three yeazs after final payment hereunder. 9. SUBGRANTEE 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 SUBGR.ANTEE's performance of this Agreement, including Attachments A, B, and C 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 SUBGRANTEE in the performance of this Agreement, including Attachments A, B, and C hereto. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives ofthe parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. SherilT 2008 Page 2 of 4 Page 2 of 80 55E-6 1 2 3 4 S 6 7 8' 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit B of ASR t 1. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 1 Z. 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 accordance with this Agreement, including Attachments A, B, and C 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. 13. 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 funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of thc covenants contained in this Agreement, including the applicable terms of Attachments A, B, and C 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.. 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, and C hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. // // // // // sh~;rr zoos Page 3 of 4 Page 3 of 80 55E-7 Exhibit B of ASR 1 2 3 4 SI 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // 11 [N WITNESS WHEREUF, the parties have executed this Agreement in the County of Orange, State of California. DATED: ~ : ~ ~ `%' , 200 ~~ COUNTY OF ORANGE, a political subdivision of the State of California ~i t ,, , ,. ,. ~ --- ~. By ~ ~---~>=-=' -- r ~-~x=> Sheri~"Coron "COUNTY" APPROVED AS TO FORM: COUNTY COUNSEL By ~/i GG~ (~i0~`~-- Nicole A. Sims, Deputy DATED: Zz ,200d DATED: ,200_ SUBGRANTEE: By ATTEST: City Clerk DATED: .200 Sheriff ?008 Page 4 of4 Page 4 of 80 55E-8