HomeMy WebLinkAboutCC Res 7027 2020-05-11RESOLUTION 7027
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF SUBRECIPIENT'S AGENT RESOLUTION
HAZARD MITIGATION GRANT PROGRAM AND PRE -DISASTER MITIGATION PROGRAM
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES ID No:
CAL OES 130
DESIGNATION OF SUBRECIPIENT'S AGENT RESOLUTION
Hazard Mitigation Grant Program and Pre -Disaster Mitigation Program
BE IT RESOLVED BY THE City Council OF THE City of Seal Beach
(Governing Body) (Name of Applicant)
THAT City Manager OR
(Title of Authorized Agent)
Assistant City Manager . OR
(Title of Authorized Agent)
Emergency Services Coordinator
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Seal Beach , a public entity
(Name of Subrecipient)
established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Service.
for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the City of Seal Beach , a public entity established under the laws of the State of California,
(Name of Subrecipient)
hereby authorizes its agent(s) to provide to the California Governor's Office of Emergency Service for all matters pertaining to such state
disaster assistance the assurances and agreements required.
Please check the appropriate box below:
®This is a universal resolution and is effective for all open and futures Disasters/Grants up to three (3) years following the date of approval
below.
This is a Disaster/Grant specific resolution and is effective for only Disaster/Grant name/number(s)
Passed and approved this 11th day of,
2020
Jill R. Ingram, City Manager
(Name and Title of Governing Body Representative)
Patrick Gallegos, Assistant City Manager
(Name and Title of Governing Body Representative)
Julia Clasby, Emergency Services Coordinator
(Name and Title of Governing Body Representative)
CERTIFICATION
1, Gloria D. Harper , duly appointed and City Clerk of
(Name) (Title)
City of Seal Beach , do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the City Council
(Governing Body)
on the 11th day of
(Signature)
Cal OES 130 (Rev.03278/17)
City of Seal Beach
(Name of Applicant)
City Clerk
(Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICE
CAL OES 130 - INSTRUCTIONS
Cal OES Form 130
Instructions
A new Designation of Applicant's Agent Resolution is required if the previously submitted document is older than three (3)
years from the last date of Board/Council approval.
When completing the Cal DES Form 130, Subrecipients should fill in the blanks on page 1. The blanks are tc be filled in as follows:
Resolution Section:
Governing Body: This is the individual or group responsible for appointing and approving the Authorized
Agents. Examples include: Board of Directors, City Council, Board of Supervisors, etc.
Name of Subrecipient: This is the official name of the non-profit, agency, city, county or special district that has applied for the grant.
Examples include: City of Sacramento; Sacramento County; or Los Angeles Unified School District.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the California Governor's Office of Emergency Service regarding grants applied for by the subrecipient.
There are two ways of completing this section:
1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents should be e{tered here, not their
names. This allows the document to remain valid if an Authorized Agent leaves the position ar(d is replaced by another
individual. If "Titles Only" is the chosen method, this document must be accompanied by a cover letter naming the
Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency
(e.g.; City Clerk, the Authorized Agent, Secretary to the Director) and does not require the Governing Body's
signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents should be listed. A
new Cal DES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the
document or their title changes.
Governing Body Representative: These are the names and titles of the approving board members. Examples
include: Chairman of the Board, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents.
Certification Section,
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot
be one of the designated Authorized Agents to eliminate "Self Certification."
Cal OES 130 (Rev.03/28/17 Page 2
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Form of Transfer Agreement
AGREEMENT TO TRANSFER FUNDS
Page 1 of 4
FOR 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
THIS AGREEMENT is entered into this 25 day of February 2020, 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 Seal Beach 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 (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 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 (FY2019 EMPG 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 Homeland Security Pagel of5
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Form of Transfer Agreement
Page 2 of 4
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
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 COUNTY 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 (FY2019 Emergency
Management Performance Grant Program: California Supplement 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 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 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
I written consent of COUNTY.
CFDA: 97.042
Emergency Management Performance Grant
Deparnnent of Homeland security
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Form of Transfer Agreement
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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.
IL 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 Performance Grant
Department of Homeland Security Page 3 of 5
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Form of Transfer Agreement
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b. A SUBRECIPIENT representative must attend half of the Orange County Emergency
Managers Organization meetings held from July 1, 2019 through June 30, 2020;
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;
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;
f. SUBRECIPIENT reimbursement requests received after June 30, 2019 will not be
accepted.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
I State of California.
DATED: 20,
APPROVED AS TO FORM
COUNTY COUNSEL
BYIJ1/0
Wen h lips, Seni
W.
ovPDeputy
DATED:
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
20
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Sheriff -Coroner
"COUNTY"
SUBRECIPIENT
ATTEST:
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CPDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
DATED:
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