HomeMy WebLinkAboutCC Res 7028 2020-05-11RESOLUTION 7028
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF SUBRECIPIENT'S AGENT RESOLUTION
FOR NON -STATE AGENCIES
STATE Of CALIFORNIA059 70686-00
GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal DES ID No:
Cal DES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON -STATE AGENCIES
BE IT RESOLVED BY THE City Council OF THE City of Seal Beach
(Governing Body) (Name of Applicant)
THAT
Director of Finance/Treasurer
(fite of Authorized Agent)
OR
Emergency Services Coordinator OR
(Idle of Authorized Agent)
Police Commander, Support Services
(Tide or Authorized Agent)
is hereby autwrizcd to execute for and on behalfof the City of Seal Beach _ a public entity
(Naive of Applicant)
established under the laws ofthe State of California. this upplication and to file it with the Califomia Governor's Office of Emergency
Services for the purpose ofobtaining 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 Califomia Disaster Assistance Act.
THA I' the City of Seal Beach , a public entity established under the laws of the State of'California.
(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services 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 before disasters up to three (3) years following the date of approval below.
My' is a disaster specific resolution and is effective fix only disaster numberls) 4482DR
Passed and approved this 11 th day of May __2020
Kelly Telford, Director of Finance/City Treasurer
(Name and Tite of Governing Body Representative)
Julia Clasby, Emergency Services Coordinator
( Name and *rule of Governing Body Representative)
Michael Ezroj, Police Commander, Support Services
(Name and Title of Governing Body Representative)
CERTIFICATION
Gloria D. Harper duly appointed and City Clerk of
(Name) (Tine)
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 oftite City of Seal Beach
(Governing Body) (Name ofnpplicant)
on the 11th day of May _ r?0 2 0.
(Signature)
Cal OHS 130(Rc,.9/13)
City Clerk
(7 a1c)
STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
A Designation of Applicant's Agent Resolution for Non -State Agencies is required of all Applicants to be eligible to
receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years
from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as
follows:
Resolution Section,
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California. Examples include: School
District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego,
Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the Governor's Office of Emergency Services regarding grants applied for by the Applicant. There are
two ways of completing this section:
1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not
their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position
and is replaced by another individual in the same title. 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 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 would 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, Director, Superintendent, etc. The names and titles cannot be one of the
designated Authorized Agents, and a minimum of two or more approving board members need to be listed.
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 or Approving Board Member (if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the
Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate "Self
Certification."
Cal OHS 130 (Rev.9/13) 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 �St_a-te_`- of California, hereinafter referred to as "COUNTY," and
(4p� Seal �h 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 Page 1 of 5
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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
written consent of COUNTY.
CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security Page 2 of 5
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Form of Transfer Agreement
Page 3 of 4
10. SUBRECIPIENT shall provide to COUNTY all records and information requested by
I 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.
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 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
I 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
CO TY COUNSEL
By N
Wenqv
hillips, SemovVeputy
DATED:
CFDA: 97.042
Emergency Management Performance Gmnl
Department of Homeland Security
20
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Sheriff -Coroner
"COUNTY"
SUBRECIPIENT
UZ
ATTEST:
Page 4 of 5
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CFDA: 97.042
Emergency Management Performance Grant
Department of Homeland Security
DATED:
Page 5 of5
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