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AGR-6208.E - ORANGE COUNTY SHERIFFS DEPARTMENT - 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAMb 0?. Form of Transfer Agreement Page 1 of 4 1 2 AGREEMENT TO TRANSFER FUNDS 3 FOR 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM 4 5 THIS AGREEMENT is entered into this 25 day of February 2020, which date is 6 enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political 7 subdivision of the State of California, hereinafter referred to as "COIJNTY," and g y oC , a municipal corporation, hereinafter referred to as 9 "SUBRECIPIENT." 10 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to 11 as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and 12 accepted the Emergency Management Performance Grant (hereinafter referred to as "the grant") from 13 the Califomia Office of Emergency Services("CaIOES"). 14 WHEREAS, the purpose of the grant is to support comprehensive emergency management at 15 the state,tribal and local levels and to encourage the improvement of prevention,protection,mirigation, i 16 response and recovery .capabilities for a11 hazards, as set forth in Attachment A hereto (FEMA 17 Preparedness Grants Manual),which is attached hereto and incorporated herein by reference. 18 NOW,THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS: 1 g 1, COi]NTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to 20 reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In 21 order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF 22 all required information and documentation, as set forth in Attachment B (FY2019 EMPG Financial 23 Management Forms Workbook),which is attached hereto and incorporated herein by reference. 24 2. Throughout their useful life, grant property and equipment shall be used by 25 SUBRECII'lENT only for grant purposes in accordance with Attachment A hereto. 26 3. SUBREC]PIENT shall exercise due care to preserve and safeguard grant property and 27 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant 28 CFDA: 97.042 Emergency Management Performance Grant Deparlment of Homeland Security Page 1 of 5 Form of Transfer Agreement Page 2 of 4 1 property and equipment as are necessary, in order to keep said grant property and equipment 2 continually in good working order. 3 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it 4 only in accordance with the instructions of COUNTY or the agency from which COiJNTY received the 5 grant funds. 6 5.SUBRECIPIENT shall submit to the COIJNTY grant program reporting documents and 7 information in accordance with requirements set out in the Attachment C (FY2019 Emergency 8 Management Performance Grant Program: California Supplement to the FEMA Preparedness Grants 9 Manual; or,The State Guidance),which is attached hereto and incorporated herein by reference. 10 6.By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully 11 bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Standard 12 Assurances for a11 CaiOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY 13 immediately upon discovery that it has not abided or no Ionger will abide by any applicable provision of 14 this Agreement or Attachments A,B,C, or D hereto. 15 7.SUBRECIPIENT agrees to indemnify, defend and save hannless COUNTY and the 16 agency from which COiJNTY received grant funds, and their elected and appointed officials, officers, 17 agents and employees from any and all claims and losses accruing or resulting to any and all contractors, 18 subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, 19 services, materials or supplies in connecrion with SUBRECIPIENT's performance of this Agreement, 20 including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or 21 resulting to any person,firm,or corporation who may be injured or damaged by SUBRECIl'IENT in the 22 performance of this Agreement, including Attachments A,B,C,and D hereto. 23 8.No alteration or variation of the terms of this Agreement shall be valid unless made in 24 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 25 agreement not incorporated herein shall be binding on any of the parties hereto. 26 9.SUBRECIPIENT may not assign this Agreement in whole or in part without the express 27 written consent of COLTNTY. 28 CFDA: 97.042 Emergency Management Performance Grant Departrnent of Homeland Security Page 2 of 5 Form of Transfer Agreement Page 3 of 4 1 10. SUBRECIPIENT shall provide to COiJNTY all records and information requested by 2 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 3 required to provide to the agency from which COUNTY received grant funds or other persons or 4 agencies. 5 11. For a period of three years after the final Federal Financial Report hereunder or until all 6 claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve 7 and maintain all documents,papers and records relevant to the work performed or property or equipment 8 acquired in accordance with this Agreement, including Attac}unents A, B, C, and D hereto. For the 9 same titne period, SUBRECIPIENT shall make said documents, papers and records available to 10 COiJNTY and the agency from which COUNTY received the grant funds or their duly authorized 11 representative(s), for examination, copying, or mechanical reproduction on or off the premises of 12 SUBRECII'IENT,upon request,during usual working hours. 13 12. SUBRECIPIENT and COiJNTY sha11 be subject to examination and audit by the State 14 Auditor General with respect to this Agreement for a period of three years af er the final Federal 15 Financial Report hereunder. 16 13. COUN'fY may terminate this Agreement and be relieved of the payment of any 17 consideration to SUBRECII'IENT if a) SUBRECII'IENT fails to perform any of the covenants 18 contained in this Agreement,including the applicable terms of Attachments A,B,C,and D hereto,at the 19 time and in the manner herein provided, or b) COUNTY loses funding under the gran In the event of 20 termination,COUNTY may proceed with the work in any manner deemed proper by COITNTY. 21 14. SUBRECIPIENT and its agents and employees shall act in an independent capaciiy in 22 the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be 23 considered officers, agents or employees of COIJNTY or SHERIFF or of the agency from which 24 COUNTY received grant funds. ' 25 15. By signing this Agreement, SUBRECEIPIENT understands and agrees that: 26 a. Failure to follow grant guidance, including those detailed below, will result in 27 ineligibility for any reimbursement under the FY19 EMPG: 28 CFDA: 97.042 Emergency Management Perfocmance(3 ant Department ofHomeland Security PBge 3 of 5 Form of Transfer Agreement Page 4 of 4 I b. A SUBRECIPIENT representative must attend half af t e(?r;ange County Emergency 2 Managers Organization meetings held from JuIy 1, 2019 throiigh June 30,2020; 3 c. SUBRECIPIENT mt st maintain Nationa 1 Incident Manag;ement System (NIMS) 4 compliance; 5 d. For any personnel whose salary is charged to the grant, that specific individual must 6 ineet the training and exercise requirements set forth in the grant guidance; 7 e. Only those expenditures specifically detailed in the Financial Management Fo ns 8 Workbook are approved for funding; any changes must be pre-approved by the 9 California Office of Emergency Services; 10 f. SUBRECIPIENT reimbursement requests received after Jurie 30, 2019 will not be 11 accepted. 2 11 1 WdTZ>1E5S WI3EItEOF, the parties have executed this Agreement in the County of Orange, 13 State of Californ..a. 14 DATED: 20.COUNTY OF ORANGE;, a political subdivision of the State of California 15 l6 By 1'7 Shen - oro r COUNTY°. 18 APPROVED A 3 TO FORM 19 CO Y COiJNSEL i 7 20 By '' -' '-'` •'-.--- Wenc hillips,Semo eputy 21 2? 3 DATED: 20_ SUBRECIPIENT, — 2= By_ 26 27 ATTEST: 28. CFDA: 9Z.042 Emergency Management Perfonnancc Giant Depaitment nf Homeland Security Page 4 of 5 I s l 1 ity Clerk DATED: 2 3` t- 0 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 CFDA: 97.042 Emergency Management Performance Grant Department of Homeland Security Page 5 of 5 a iC 4`y1 lERIF s%° r j'` O R A N G E C O U N T Y i:• Y` '' ''! ':S H E R I F F S D E P A R T M E N T SHERIFF-CORONER D ON BARNE Sd: "R QEGN 2.-f 3+1r }+; X\ 4,.i 4rt February 25, 2020 Alan Velasco Orange Fire Department 176 S. Grand Orange, CA 92866 Subject: Notification of Application Approval FY19 Emergency Management Performance Grant Subaward #: 2019-0003, CaIOES ID: 059-00000 Dear Alan Velasco, The California Governor's Office of Emergency Services (CaIOES) has approved the County of Orange application, including the proposed project for your city in the amount of$17,940. A copy of the approved Subaward is enclosed for your records. All payment requests must be submitted on the Financial Management Forms Workbook. In addition, expenditures can only be made for items listed in the approved Subaward. Any activities requiring an Environmental and Historic Preservation (EHP) review and approval are prohibited from expending Subaward on those activities until an EHP clearance has been obtained. Failure to adhere to this requirement will result in the de-obligation of Subaward funds. This Subaward is subject to all policies and provisions of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days upon receipt of an invoice from CaIOES. Quarterly reports must be prepared and submitted to CaIOES, via the Operational Area (OA), for the duration of the performance period or until all activities are completed and the Subaward is formally closed. Failure to submit quarterly reports could result in grant reduction, suspension, or termination. In order to comply with the Uniform Grant Guidance, the following information is being furnished to you. rU : ,; , rs, Integriiy withou}compromise Service above self I Professionalism in the performance of duty Vigilance in safeguarding our community jl j'"Nl\. f t`ERI Fs`ORANGE COUNTY f a SHERIFF'S DEPARTMENT SHERIFF—CORONER DON BARNESMtY }q 4C^Q N, V i1 _:.=:.K,my -' r*.*-,,, L7 Subreci ient name Oran e Fire De artment Subreci ient's DUNS number 089140982 Federal Award Identification Number FAIN EMF-2019-EP-00003 Federal Award Date: 10/01/2018—9/30/2021 obli ated Subaward Period of Performance Start and End 7/01/2019-6/30/2021 Date: Amount of Federal Funds Obligated by this 17,940 action Total Amount of Federal Funds Obligated to the $17,940 subreci ient Total Amount of the Federal Award 27,741,329 Federal award project description, as required to The purpose of the Emergency Management be responsive to the Federal Funding Performance Grant(EMPG) Program is to provide Accountability and Transparency Act (FFATA) federal funds to states to assist state, local, and tribal governments in preparing for all hazards. Funds provided under the EMPG must be used to support activities that contribute to the Operational Area's capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made. Name of Federal awarding agency, pass-through These funds have been awarded by the Federal entity, and contact information for awarding Emergency Management Agency, Department of official Homeland Security and passed through the California Office of Emergency Services and the County of Orange. The City should contact the Orange County Sheriff s Department Emergency Management Division at 714-628-7054 as the awardin official. CFDA Number and Name 97.042, Emer enc Mana ement Performance Grants Identification of whether the award is R&D Due to the small dollar amount of subreceipient awards, using EMPG funds for R&D is not authorized for subrecei ients. Indirect cost rate for the Federal award (including Due to the small dollar amount of subreceipient awards, if the de minimis rate is charged per§200.414 using EMPG for indirect costs is not authorized for Indirect F&A costs . subrecei ients E _ .;;,,- g Integrity without compromise Service above self I Professionalism in the performance of duty Vigilance in safeguarding our community