09-088 SCC FY 09 Emerg Mgmt Perf GrantAGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CUPERTINO GRANTING PROGRAM FUNDS FOR THE FISCAL YEAR
2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT
THIS AGREEMENT is made effective July 1, 201)9, by and between the County of Santa Clara
("County") and the City of Cupertino ("City") for the allocation and distribution of FY 2009
Emergency Management Performance Grant funds.
RECITALS
WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan
Hill, Mountain View, Palo Alto, San Jose, Santa Cla>•a, Saratoga, Sunnyvale, the Towns of Los Gatos,
Los Altos Hills, and the County of Santa Clara, are parties to the 1994 Operational Area Interim
Agreement; and
WHEREAS, the Emergency Preparedness Council ~;"EPC") is the advisory body of the Santa Clara
Operational Area in matters affecting disaster prep~credness throughout the Operational Area. EPC
membership includes an elected city council member from each city in the Operational Area, one
member of the Water District and one member of th~~ Santa Clara County Board of Supervisors; and
WHEREAS, the County Emergency Services/Civil Defense Ordinance empowers the EPC to serve as
the Santa Clara County Operational Area Council ("OAC") with governing body authority to carry out
the responsibilities of the OAC and to make funding allocation decisions for the Emergency
Management Performance Grants; and
WHEREAS, on June 15, 2009, the Governor's Offic:e of Emergency Services awarded the County a
Fiscal Year 2009 Emergency Management Perforrrlance Grant of $294,110.00 for the purpose of
managing emergency planning;
NOW, THEREFORE, this AGREEMENT is to allocate the sum of $8,329.15 (a portion of the grant
funds, allocated on a per capita basis, Exhibit A), from the County to the City , so that the City may
implement programs as provided under this Agreement and specified in the Emergency Management
Performance Grant guidelines for subgrant recipients, Exhibit B. Projects must follow the Program
Narrative, Exhibit C, submitted with the FY09 EMP(J application submittal. The performance period
for this grant expires on June 30, 2010.
The County and City agree as follows:
Agreement between the County of Santa Clara and City of Cupertino
Granting funds for FY09 Emergency Management Performance Grant
Page 1
THE AGREEMENT
Article I. Payment and Request for Reimbursetrient
1. Amount of Payment.
Fiscal Year 2009 Emergency Management Performance Grant funds will be disbursed pursuant to the
state formula for each city. The County will reimburse to the City, funds that the City expends, under
Fiscal Year 2009 Emergency Management Performance Grant. The amount for the City of Cupertino
will not exceed $8,329.15, unless additional funds become available under the Fiscal Year 2009
Emergency Management Performance Grant following the execution of this agreement. If additional
funds are allocated, an amendment to this MOU will follow.
2. Request for Reimbursement
The EMPG is a matching funds grant. All requests for reimbursement should be accompanied
by a spreadsheet, Exhibit F, indicating the 50`% city match and the EMPG allowable amount up
to the allocated amount of each city.
All equipment must be authorized per the wel~-based Authorized Equipment List (AEL) on the
Responder Knowledge Base (RKB) which is sponsored by Grants & Training and the National
Memorial Institute for the Prevention of Ten•orism (MIPT) at https://www.rkb.us/.
The following documentation is required for all reimbursement requests for equipment:
• Quote or Solicitation Documents
• Summary of pricing and chosen vendor
• Documentation that vendor is not on the excluded parties list (https://www.epls.gov~
• Purchase or and/or Contract
• Receiving documentation/Packing slip
• Invoice
• Proof of Payment
For reimbursement of Salaries:
• Functional Timesheet (Exhibit E)
• Description of scope of job which includes Emergency Management functions
• Payroll reports showing amount paid for each pay period being claimed
For reimbursement for Training activities:
Agreement between the County of Santa Clara and City of Cupertino
Granting funds for FY09 Emergency Management Performance Grant
Page 2
• Class Syllabus
• Class sign-in sheet
• Instructor/Consultant contract documents
• Instructor's invoice
• Proof of Payment
Article II. Use of Funds
1. Scope of Services
(a) The City will use the funds granted under this Agreement only for the purpose of implementing
applicable programs under the Fiscal Year 2009 Emergency Management Performance Grant, as
indicated in Exhibit A, Program Narrative.
(b) The City will use the funds granted under this Agreement in a manner consistent with:
(1) the applications submitted by the Count}'to the State for the grants under this Agreement;
(2) the grant guidance issued by the State fo:r the grants under this Agreement; and
(3) the notifications issued by the State for t]le approval of the grants under this Agreement.
(c) The documents described in Article II.1(b)(1-3) of this Agreement are on file with the County and
the granting agencies of the State, and are hereby incorporated into this Agreement.
2. Performance Period
The performance period for this grant expires on Jwie 30, 2010.
3. Master Grant Obligations.
(a) The City agrees to comply with all applicable rec uirements and assurances contained in the State
Grant Requirements. The City may designate vendors or sub grantees to fulfill these obligations.
(b) If any provisions of this Agreement conflict with the State Grant Requirements, the provisions of
the State Grant Requirements will control.
4. Reporting
(a) The City will prepare progress reports for the dur.ution of the term of this Agreement. The reports
must include the status of all activities, including equipment purchases (if applicable).
(b) The reports are due to the County representative identified in Article V.1 as follows:
Agreement between the County of Santa Clara and City of Cupertino
Granting funds for FY09 Emergency Management Performance Grant
Page 3
Performance Reporting Period (July 1, 20051- December 31, 2009) -due by January 9, 2009
Final Performance Reporting Period (Janual 1, 2010- June 30, 2010) -due by July 9, 2010
(c) The County will provide the City with a report template, (Exhibit D) and the City will utilize the
template.
(d) The City will notify the County representative identified in Article V.1, within 15 days, when the
City has completed all performance obligations for these grants.
5. Disallowances
(a) During the term of this Agreement, County is not obligated to honor any request for reimbursement that
is submitted more than three months following the date of the service for which payment is requested.
(b) Final invoice will be due ten days before the expiration date of the Performance Period of the grant (as
indicated in Article II.2 above and in paragraph 5 of the Recitals). County will not process any claims
submitted after this date.
Article III Term and Termination
1. Term of Agreement
This Agreement is effective from July 1, 2009 throLlgh the date that the County receives
notification from Governor's Office of Emergency ;services that the County's Fiscal Year 2009
Emergency Management Performance Grants have -been closed out.
2. Termination
a. Either party may terminate this Agreement for cause upon written notice to the other; cause
includes, but is not limited to a material breach of this Agreement, or a violation of any
applicable laws.
b. Opportunity to cure. The non-breaching party shall give written notice of the breach to the
breaching party, specifying the breach. The breaching party shall not be deemed in default
hereunder and the non-breaching party shall riot institute proceedings or exercise any remedies
against the breaching party unless the breach :has not been cured, corrected or remedied within
thirty (30) days after the giving of such notice of breach or within such longer period as may be
reasonably required to cure, correct or remedy the breach, provided the breaching party has
commenced such cure, correction or remedy within such thirty (30) day period and diligently
and continuously pursues such cure, correcti~~n or remedy.
Agreement between the County of Santa Clara and City of Cupertino
Granting funds for FY09 Emergency Management Performance Grant
Page 4
c. If Agreement is terminated, the City shall return funding in accordance with grant guidelines.
Article IV. Liabilities
1. Mutual Indemnification
In lieu of and not withstanding the pro rata risk alloc~ition which might otherwise be imposed between
the parties pursuant to Government Code Section 8~~5.6, the parties agree that all losses or liabilities
incurred by a party shall not be shared pro rata but instead the County and the City agree that pursuant
to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of
the other parties, their officers, board members, employees and agents, harmless from any claim,
expense or cost, damage or liability imposed for ilijury (as defined by Government Code Section
810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the
indemnifying party, its officers, board members, employees or agents, under or in connection with or
arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No
party, nor any officer, board member, employee or a€;ent thereof shall be responsible for any damage or
liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties
hereto, their officers, board members, employees or ;gents, under or in connection with or arising out
of any work, authority or jurisdiction delegated to such other parties under this Agreement.
Article V. Miscellaneous
1. Notice
All notices required by this Agreement will be deemed given when in writing and delivered personally
or deposited in the United States mail, postage prepa:;d, return receipt requested, addressed to the other
party at the address set forth below or at such other ,address as the party may designate in writing:
To the City:
Marsha Hovey, Emergency Preparedness Coordinator
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3232
To the County:
Diane Stambaugh
Administrative Services & Grants Manager
County of Santa Clara Office of Emergency Services
55 W. Younger Ave., Suite 450
San Jose, CA 95110
Agreement between the County of Santa Clara and City of Cupertino
granting funds for FY09 Emergency Management Performance Grant
5 of 8
2. Compliance and Nondiscrimination
The parties will comply with all applicable Federal, State, and local laws and regulations. Such laws
include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended, the
Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 (Sections 503 and 504), the
California Fair Employment and Housing Act (Government Code sections 12900 et seq.), and
California Labor Code sections 1101 and 1102. The parties will not discriminate against any
subcontractor, employee, or applicant for employrrlent because of age, race, color, national origin,
ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical
condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for
training including apprenticeship, hiring, employme;nt, utilization, promotion, layoff, rates of pay or
other forms of compensation. Nor will the parties discriminate in the provision of services provided
under this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual
orientation, mental disability, physical disability, medical condition, political beliefs, organizational
affiliations, or marital status.
3. County No-Smoking Policy
Contractor and its employees, agents and subcontra~~tors, shall comply with the County's No Smoking
Policy, as set forth in the Board of Supervisors Poli~~y Manual section 3.47 (as amended from time to
time), which prohibits smoking: (1) at the Santa Cl~lra Valley Medical Center Campus and all County-
owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and
leased buildings where the County is the sole occupant, and (3) in all County vehicles.
4. Governing Law
This Agreement has been executed and delivered in, and will be construed and enforced in accordance
with, the laws of the State of California.
5. Assignment
The parties may not assign this Agreement or the ri€;hts and obligations hereunder without the
specific written consent of the other.
6. Entire Agreement
This document represents the entire Agreement betv~~een the parties with respect to the subject matter
hereof. All prior negotiations and written and/or oral agreements between the parties with respect to
the subject matter of this Agreement are merged into this Agreement.
7. Amendments
This Agreement may only be amended by an instrument signed by the parties.
Agreement between the County of Santa Clara and City of Cupertino
granting funds for FY09 Emergency Management Performance Grant
6 of 8
8. Counterparts
This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute olie and the same instrument.
9. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or
unenforceable, the same will either be reformed to ~~omply with applicable law or stricken if not so
conformable, so as not to affect the validity or enforceability of this Agreement.
10. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver
of that provision as to that or any other instance. Any waiver granted by a party must be in writing,
and shall apply to the specific instance expressly stated.
11. Conflict of Interest
In accepting this Agreement, City covenants that is I~resently has no interest and will not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with
the performance of services under this Agreement. (:ity is responsible for assuring compliance of its
subcontractors, if any, with the requirements of this provision.
12. Certified Resolution of Signature Authority
Upon request of Santa Clara County, City will deliver to Santa Clara County a copy of the resolution(s)
authorizing execution, delivery and performance of this Agreement, certified as true, accurate and
complete by the appropriate authorized representati~~e of City.
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Agreement between the County of Santa Clara and City of Cupertino
granting funds for FY09 Emergency Management Performance Grant
7of8
Signed:
COUNTY OF SANTA CLARA
By
Gary Graves Date
Acting County Executive
CITY OF CUPERTINO
W 8 S, o~ f•
David Knapp Date
City Manager
Approved as to Form and Legality:
Kimberly Thomas Rapp Date
Deputy County Counsel
Exhibit A FY08 Per Capita Distribution Worksheet
Exhibit B Grant Guidance
Exhibit C Program Narrative
Exhibit D Report Template
Exhibit E Functional Timesheet Template
Exhibit F City Reimbursement Worksheet
Approved as to Form and Legality:
I ~ -- -
r~ ~1 ~~ oq
i Attorney Date f
Agreement between the County of Santa Clara and City of Cupertino
granting funds for FY09 Emergency Management Performance Grant
8 of 8
Per capita Distribution FY09 EMPG
Grant Funding
Grant Amount
FY09 EMPG Allocation $294,110.00
Administrative Costs $8 823.30
S ecial Pro'ect s $0.00
Amount for Distribution to Jurisdictions $285,286.70
PARTICIPATING JURISDICTION Bay Area
Census 2006
Population
%
FY08 EMPG
1 Cam bell 38138 2.20% $6,284.52
2 Cu ertino 50,546 2.92% $8,329.15
3 Gilro 41,464 2.39% $6,832.59
4 Los Altos 27,693 1.60% $4,563.35
5 Los Altos Hills 7,902 0.46% $1,302.12
6 Los Gatos 28,592 1.65% $4,711.49
7 Militas 62,698 3.62% $10,331.60
8 Monte Sereno 3,483 0.20% $573.94
9 Mor an Hill 33,556 1.94% $5 529.48
10 Mountain View 71,518 4.13% $11,784.99
11 Palo Alto 58,598 3.38% $9,655.99
12 San Jose 916,220 52.92% $150,978.02
13 Santa Clara 112 098 6.47% $18,471.91
14 Saratnna 7Q AA'2 1 720% xn o17 64
w~
15 Sunn vale 140,516 8.12% $23,154.73
16 Unincor orated Areas 108,416 6.26% $17,865.18
TOTAL Per Capita Distribution 1,731,281 100.00% $285,286.70
Exhibit A
7/21 /2009
Exhibit B
ors
C PNIA
~~ • •
~- California Emergency 1Vlanagement Agency
~~~.~
Emergency Management Performance Grant
Recipient Subgran~ Guide for Local Governments
Fiscal Year 2009
February 11, 2009
Section One: Subgrant Overview
Contents This section contains the following:
• Purpose of this Subgrant
• Eligible Subgrant Recipients
• Purpose of this Subgrant Guide
• Performance Period
• Matching Requirements
• Allocations and Methodology
• OA Responsibilities
• Applicable Laws, Regulations, Guidance Documents and
Websites
• Subgrant Timelines
• Contact Information
FY09 EMPG Recipient Subgrant Guide for Local Government
Section One: subgrant Overview, coi:~tinued
OA The OAs responsibilities are to:
Responsibilities
1. Submit a subgrant application package to CalEMA Regions by
March 27, 2009.
2. Comply with all assurances and certifications contaned in the Grant
Assurances subnutted with the FY09 EMPG application. In addition, if
the OA subgrants funds to other entities, their subgrant
agreements/contracts must also include these same assurances and
certifications along with any lo~:al requirements.
3. Prepare performance reports fo:r the duration of the performance period.
Further reporting details are included in Part Four, Performance Period
Activities, under "Performance Reports".
4. Mauitain financial management systems that support subgrant activities in
accordance with 44 CFR Part 13.20.
5. If changes are required after the; uiitial subgrant award, submit revision
requests to CaIEMA, prior to ircurring any associated expenditures.
Further details are included ui Part Four, Performance Period Activities,
under "Revision Requests".
6. Remit unexpended subgrant funds to CaIEMA after all work has been
completed and reimbursements have been disbursed.
7. Maintain property, programmatic, and financial records in accordance
with the grant record retention requirements. Further details on the
retention requirement are contained in Part Four, Performance Period
Activities, under "Record Retention Requirements".
8. Comply with the audit requirements contained in Office of Management
and Budget (OMB) Circular A-133, and Title 44 CFR, Part 13.26.
FY09 EMPG Recipient subgrant Guide for Local Government
Section One: Subgrant Overview, co~itinued
Subgrant
Timelines
March 27, 2009 Submit applications to the appropriate Regional Office.
April 14, 2009 Regional Offices will complete review of applications and
forward to t:ie Emergency Grants Admuiistration Section
to process.
May 29, 2009 OAs will be notified of application approval and award.
July 17, 2009 A performance report is due to the appropriate Regional
Office for the period October 1, 2008 through June 30,
2009.
October 16, 2009 A performance report is due to the appropriate Regional
Office for the period July 1, 2009 through September 30,
2009.
January 15, 2010 A performance report is due to the appropriate Regional
Office for the period October 1, 2009 through December
31, 2009.
April 16, 2010 A performance report is due to the appropriate Regional
Office for the period January 1, 2010 through March 31,
2010.
June 30, 2010 All subgran~~ activities must be completed and all funds
disbursed.
July 30, 2010 A fmal performance report is due to the appropriate
Regional Office for the period of April 1, 2010
through June 30, 2010.
• A final l.Zeimbursement Request is due to the
appropriate Regional Office.
Contact Technical assistance is available throughout the application and Subgrant
Information performance process. Contact your Regional Office at one of the following
numbers:
Coastal Region (510) 286-0895
Inland Region (916) 845-8470
Southern Region (562) 795-2900
FY09 EMPG Recipient Subgrant Guide for Local Government
Section Two: Program Specific Information, continued
Program The purpose of the FY09 EMPG is to support comprehensive emergency
Overview management and to encourage the improvement of mitigation, preparedness,
response, and recovery capabilities for all hazards. Funds provided under
the EMPG must be used to support. activities that contribute to the OA's
capability to prevent, prepare for, rnitigate against, respond to, and recover
from emergencies and disasters, w nether natural or man-made. Towards
this end, CaIEMA has established emergency management priorities, goals,
and objectives for California. OA activities under this subgrant must be tied
to these priorities, goals, and objectives.
What's New? • The funds can be used for EOC; construction (up to $1,000,000) or
renovation (up to $250,000).
• Local jurisdictions can use up to 3% for management and administration
costs.
Secretary's Listed below are the key areas the State will be focusing on in the FY 09
Emphasis EMPG programs. OAs are strongly encouraged to focus on these activities as
well.
• Information Management Technology and Process: OAs are
encouraged to participate with CaIEMA in a Feasibility Study Review to
develop a new emergency information management system (technology
and process).
• Emergency Responder Credentialing Program: Participation in a
Regional EMMA exercise is strongly encouraged.
• Alert & Warning: Counties should assess their ability to notify cities
within their jurisdiction and, in turn, the cities' ability to notify their
citizens, of inmiinent or actual emergencies where a warning would give
sufficient additional time for action and increase safety.
• Special Needs: Evacuation and shelteriig needs of the OA's special
needs population should be addressed. OA's should recognize the need to
identify, transport, and provide required medical or supportive care to
people with physical, sensory, er cognitive, language, or economic
limitations that must be evacuated or sheltered during a disaster.
• Mass Evacuation: OAs must evaluate their ability to move a large and
demographically diverse group of people withii a short time period to a
safe location withii their own county and/or an adjoiniig county. Under
extreme catastrophic events, this distance may not be far enough to
provide the expected level ofprotection. If necessary, plans should be
developed or revised to addres;~ this issue.
FY09 EMPG Recipient SuUgrant Guide for Local Govermnent
Section Two: Program Specific Information, continued
Eligible MANAGEMENT AND ADMIN:[STRATIVE (M&A) COSTS
Activities
M&A activities are those defined as directly relating to the management and
administration of EMPG funds, such as financial management and
monitoring. It should be noted that salaries of local emergency managers are
not typically categorized as M&A, unless the OA chooses to assign personnel
to specific M&A activities.
M&A costs are allowable for OAs. OAs may retaui and use up to 3% of their
subawa~~d from the State for OA IVl&A purposes.
M&A costs include the following categories of activities:
• Hiring of full-time or part-time s~,aff or contractors/consultants:
o To assist with the management of FY 2009 EMPG funds
o To assist with design, requirements, and implementation of the FY
2009 EMPG Program
• Hiring of full-time or part-time staff or contractors/consultants and expenses
related to:
o FY 2009 EMPG pre-application submission management activities and
application requirements
o Meeting compliance with reporting/data collection requirements,
including data calls
• Development of operating plans for information collection and processing
necessary to respond to FEMA data calls
• Travel expenses directly related 1 o management and administration of
EMPG grant funds
• Meeting-related expenses directl.~ related to management and administration
of EMPG grant funds
• Acquisition of authorized office ~°quipment, including personal computers,
laptop computers, printers, LCD projectors, and other equipment or
software which are used primarily in support the implementation ofEMPG-
related activities
• The following are allowable only within the period of performance of the
grant program:
o Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc. which are directly related to management and
administration of FY 2009 EMPG grant funds
o Leasing andlor renting of space for newly hired personnel to administer
FY 2009 EMPG grant fund;
FY09 EMPG Recipient Subgrant Guide for Local Goverrunent 11
Section Two: Program Specific Information, continued
Eligible ORGANIZATION
Activities, Per the Robert T. Stafford Disaster Relief mid Emergency Assistance Act,
continued (Public Law 93-288), as amended, 42 U.S.C. 5121-5207, EMPG funds may be used
for all-hazards emergency management operations, staffu-Ig, and other day-to-day
activities in support of emergence management.
Personnel costs, including salary, overtime, compensatory time off, and associated
fringe benefits, are allowable costs with FY 2009 EMPG funds. These costs must
comply with 2 CFR Part 225, Cost Principles for State, Local, and h~dian Tribal
Governments (OMB Circular A-87). Proposed personnel costs should be linked to
achieving objectives outlined in your Program Narrative.
EQUIPMENT
Allowable equipment categories :For FY 2009 EMPG are listed on the web-based
version of the Authorized Equipment List (AEL) on the Responder Knowledge Base
(RKB), which is sponsored by FEMA at http://www.rkb.us.
The Standardized Equipment List: (SEL) is located at this site as well. In some
cases, items on the SEL are not allowable under EMPG or will not be eligible for
purchase unless specific conditions are met. Unless otherwise stated, equipment
must meet all mandatory regulatory andlor FEMA-adopted standards to be eligible
for purchase using these funds. Iri addition, agencies will be responsible for
obtaining and maintaining all necessary certifications and licenses for the requested
equipment.
The select allowable equipment vicludes equipment from the following AEL
categories:
• hiformation Technology (Category 4)
• Cyber-Security Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• CBRNE Reference Matetrials (Category 11)
• CBRNE Incident Respo~LSe Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
FY09 EMPG Recipient Subgrant Guide for Local Government 13
Section Two: Program Specific Information, continued
Eligible EXERCISES
Activities, EMPG funds may be used to design, develop, conduct, and evaluate emergency
continued management related exercises. E~:ercises must be consistent with the principles
outlined in the Homeland Securit.~ Exercise and Evaluation Program (HSEEP), as
well as applicable existing emergency management standards. HSEEP Volumes I-III
contains guidance and recommendations for designing, developing, conducting, and
evaluating exercises. HSEEP Vol;xme IV provides sample exercise materials. All
four volumes can be found at the HSEEP website htt~://hsee~.dhs.~). Exercises
conducted using EMPG funding must be NIMS compliant. Types of exercises
include, but are not limited to, the following:
Developing/enhancuig systems to monitor exercise programs
Conducting all-hazards exercises, based on the likely hazards/scenarios a
jurisdiction may encounter
Conducting emergency management exercises, while incorporating NIMS
exercise requirements
Allowable exercise-related costs nclude:
Funds Used to Design, Develop, Conduct and Evaluate an Exercise -
Includes costs related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel, and documentation.
Hiring of Full or Part-Time Staff or Contractors/Consultants - Full- or
part-time staff may be hirf;d to support direct exercise activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the
State or unit(s) of local government and have the approval of the State or the
awarding agency, whichever is applicable. The services of
contractors/consultants in~iy also be procured to support the design,
development, conduct anc. evaluation of exercises. The applicant's formal
written procurement policy or the Federal Acquisition Regulations (FAR)
must be followed.
Overtime and Backfill -Overtone costs which are the direct result of time
spent on the design, development and conduct of exercises are allowable
expenses. Overtime payments related to backfilliug personnel who have
been sent to exercises are also allowable but only for the marginal added
cost to the grantee of having to pay overtime instead of regular time. The
grantee must maintaui financial responsibility for the regular time portion of
backfihl costs. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the State or unit(s) of
local goveniment and has the approval of the State or the awarduig agency,
whichever is applicable. Iii no case is dual compensation allowable. That is,
an employee of a unit of government may not receive compensation from
their uiit or agency of govenunent AND from an award for a single period
of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both
activities.
FY09 EMPG Recipient Subgrant Guide for Local Govermnent 15
Section Two: Program Specific Information, continued
Eligible CONSTRUCTION AND RENOVATION
Activities, FEMA recogiuzes that an updated.. functioning emergency operations center
continued (EOC), accessible to and usable b}~ hldividuals with disabilities, is a core
component of an effective emergency management system. Therefore,
construction and renovation activities for a State, local, or tribal government's
principal EOC are allowable under EMPG. Allowable costs for EOC
construction and renovation are consistent with the FY 2009 EOC Grant
Program. In addition, EOCs may use up to $1,000,000 for construction
projects or up to $250,000 for renovation projects. However, the match
requirement for EOC construction and renovation with EMPG funding is 50
percent federal and 50 percent grantee.
FY 2009 EMGP subgrant recipien~s using funds for construction projects
must comply with the Davis-Bacon Act. Subgrant recipients must ensure that
their contractors or subcontractors for construction projects pay workers
employed directly at the worksite no less than the prevailing wages and fringe
benefits paid on projects of a similar character. Additional information,
including Department of Labor wage determinations, is available from the
following website: htt~://www.docT~-ov/esa/~ro~rcr~ns/db~~a/.
In order for subgrant recipients to drawdown funds for limited EOC
construction and renovation projects under EMPG:
Subgrantee recipients must provide to Ca1EMA the following:
o A description of the EOC facility, location, and the scope of the
construction or renovation project
o A certification that an assessment has been conducted to identify EOC
needs regarding such issues as the facility, communications capability,
computer systems and network capabilities, survivability, and
sustainability
o A description of how the construction or renovation project will
address the needs identified from the assessment
o A consequences of not implementing the construction or renovation
project
o A NEPA Compliance Checklist
• Written approval must be obtained by Ca1EMA from FEMA prior to the
use of any EMPG funds for construction or renovation
All proposed construction and renovation activities must undergo an
Environmental and Historic Preservation (EHP) review, including approval of
the review from FEMA, prior to uudertakuig any action related to the project.
Any applicant that is proposing a construction project under the FY 2009
EMGP should pay special attention to the EHP requirements contained in Part
VI (B, 4.7) of the Guidance. Failure of a grant recipient to meet these
requirements may jeopardize Fede:-a1 funding.
FY09 EMPG Recipient Subgrant Guide for Local Government 17
Section Two: Program Specific Information, continued
Eligible Costs To be allowable under federal awards, costs must meet the criteria as stated in
OMB Circular No. A-87, Attachment A.
Eligible cost categories are as follows:
Persomiel Services This includes salary, overtime, compensating
time off and associated fringe benefits.
Equipment This is defined as property having a useful life of
more than one year and an acquisition cost of
$5,000 or more per unit. Allowable equipment
categories for FY 2009 EMPG are listed on the
web-based Authorized Equipment List (AEL) on
the Responder Knowledge Base (RKB), at
htt~://v~~ww.rkb.mipt.or~. The FY 2009 EMPG
AEL is housed on the RKB and relies heavily on
the Sta~idardized Equipment List (SEL)
developed by the Inter-Agency Board (IAB) for
Equipment Standardization and Interoperability.
The A1='sL maintains the cross-referencing to the
SEL in an effort to eliminate redundancy. Both
the AEL and SEL are available on the RKB,
which ~ilso offers an interactive version that
provide;s links to corresponding SEL items and
commercial roducts.
Operating expenses This includes all items not defined as equipment
such as printing, postage, communications, data
processing, etc.
Management and Costs associated with the management and
Administration costs administration of this grant. This would include
costs o:Psuch activities as preparing reports,
reimbursement requests, and recordkeepiig.
Specific documentation of these costs must be
maintained.
Pass through to locals This includes the funds being passed through to
cities and/or other olitical entities.
Another useful Financial Guide for deternnining eligible costs can be found
at: http://w~~v.dhs.gov/xlibrary/assets/C~rairts FulancialManagementGuide.pdf
FY09 EMPG Recipient Subgrant Guide for Local Govermnent 19
Section Three: Application Requirements and Process, continued
Application The application must include the fallowing forms. These forms can be found
Components in Appendix C.
• Application for Assistance
• Program Narrative
• Budget Worksheet
• Governing Body Resolution
• Grant Assurances
Mailing The application must be mailed to your Ca1EMA Regional office:
Address
Coastal Region Inland Region Southern Region
1300 Clay Street, Suite 400 3650 Schriever Avenue 4671 Liberty Avenue
Oakland, CA 94612 Mather, CA 95655 Los Alamitos, CA 90720
Application for The Application for Assistance form is the coversheet for the application. It
Assistance identifies the applicant, the authorized agent and contact person for the
subgrant and their addresses, the maximum award amount and the amount the
OA is requesting. It must be signed by the authorized agent of the
Operational Area. After review and approval by Ca1EMA, this document
serves as the contractual basis for .he award of funds.
Program The Program Narrative must uiclude the following:
Narrative • Program activities to be accomplished.
• Tasks required to complete the activity.
• Associated goal(s) and obje;ctive(s) (from Appendix B) for each
activity.
The Program Narrative information forms the basis for the perforn7ance
reports. The OAs will be expected to report progress on each task identified.
Budget The following expenses need to be itemized if you are going to expend funds
Worksheet in these areas:
• Personal Services
• Operating Expenses
• Equipment
• Management and Administration (M&A)
• Pass through to locals
FY09 EMPG Recipient subgrant Guide for Local Government 21
Section Fouro Performance Period Activities
Contents This section contains the following:
• Reimbursement of L-;ligible Costs
• Revision Requests
• Performance Report
• Interest Earnings
• Monitoring Subgrant Performance
• Record Retention Requirements
• Accessibility of Records
• Suspension or Terniination
FYO9 EMPG Recipient Subgrant Guide for Local Goverrvnent 23
Section Four: Performance Period Activities, continued
Interest In accordance with Title 44, Code of Federal Regulations, Part 13.21, any
Earnings interest earned, in excess of $100 ~~er federal fiscal year, must be remitted
quarterly to:
United States Department of Health and Human Services
Division of Payment Management Services
Post Office Box 6021
Rockville, MD 20852
NOTE: The transmittal letter inchzded with the check should indicate that
the OA is returning interest earnec. on FY09 EMPG funds.
A copy of the transmittal letter should be sent to your Regional office at:
Coastal Region Inland Region Southern Region
1300 Clay Sheet, Suite 400 3650 Sclu fever Avenue 4671 Liberty Avenue
Oakland, CA 94612 Mather, CA 95655 Los Alamitos, CA 90720
Monitoring The state inay perform periodic reviews of the OAs subgrant performance.
Subgrant These reviews may ilclude, but are not limited to:
Performance
• Comparing actual subgrant activities to those approved on the
Program Narrative and Budget Worksheet.
• Confirming compliance with:
- Grant Assurances.
- Information provided on the performance reports.
• Reviewing and monitoring financial and administrative records.
Record Specific requirements for record retention can. be found in Title 44, CFR,
Retention Part 13.42.
Requirements
In the Subgrant Closeout letter, Ca IEMA will notify the OA of the start of
the record retention period for pro;~rarmnatic and financial records.
Accessibility The federal Department of Homeland Security, the DHS Office of
of Records Inspector General, the Comptroller General of the United States, Ca1EMA,
and any of their authorized representatives, shall have the right of access to
any books, documents, papers, or other records which are pertinent to the
subgrant, in order to make audits, monitoring review, examinations,
excerpts, and transcripts. The right of access is not limited to the required
retention period but shall last as long as the records are retained. Refer to
44 CFR 13.42 for more information about accessibility of records.
FY09 EMPG Recipient Subgrant Guide for Local Government 25
Section Five: Subgrant Closeout
Contents This section contains the following:
• Final Subgrant Report
• Closeout Review and Notification
• Audit Requirements
FY09 EMPG Recipient Subgrant Guide for Local Goveinrnent 27
Appendices
List of A: Allocations to Operational Areas
Appendices B: CaIEMA Goals and Objective
C: Fornls
D: Sample Forms
E: Acronyms
FY09 EMPG Recipient Subgrant Guide for Local Government 29
Appendix S: CaIEMA Goals and Objectives
Goal 1 Organizational and Enterprise 1?;nhanceinent
Lead the implementation of a strong foundation for emergency management
and criminal justice t7~at transfor~ycs services making t1~em customer focused,
strategic, efficient, and cost effective. This will be accomplished by clear
direction, communication, and support.
Objectives Objective 1.4: Promote Continuous Improvement
Implement after action report reconunendations, lessons learned, and
oversight committee recommendations. Utilize the lessons learned from
previous exercises, emergencies, disasters, and oversight reports to develop
strategies to improve operational effectiveness.
Objective 1.6: Ensure Continuity of Operations Planning
Ensure support for Continuity of Operations (COOP) to ensure essential
services are can ied out in the event of a business disruption. Routinely
review and revise plans and procedures; provide training to staff; conduct
exercises; identify lessons learned; and implement corrective actions.
Objective 1.9: Support and Train Personnel for the Needs of
Operational Demands.
Provide core competency support and ensure staff is well trained, their
professional growth is fostered, acid have the support/tools they need to
complete their work.
Objective 1.10 Improve Internall Training Programs
Implement acompetency-based trainng program that provides essential and
comprehensive training in a timely and user-friendly manner to all staff.
Develop training and educational offerings based on the skills and
competencies required to achieve our mission, goals, and objectives.
Implement Individual Training and Development Plans to foster personal and
professional development and moaitor training achievement.
FY09 EMPG Recipient Subgrant Guide for Local Government 31
ndix B: CaIEMA Goals and ®bjectives
Objectives, Objective 2.8: Build State's Alert and Warning Capacities
continued Enhance the State's capabilities to detect, assess, and disseminate information
about threats, emergencies, and disasters to provide better coordination and
integration of alert and warnings among public safety agencies and
communications providers through all available mechanisms.
Objective 2.9: Implement Alert a.nd Warning Evaluation Processes
Document the State's early warning procedures. Conduct regular statewide
and regional tests and exercises to ;,valuate the ability to quickly alert and
warn the public and response agencies at the federal, state and local levels of
potential hazards.
Objective 2.10: Foster Greater Awareness and Preparation
Support local efforts nl emergency planning. Integrate the needs of
vulnerable populations in emergency plamiing. Support community-based
organizations (CBOs), non-governmental organizations (NGOs), and
volunteer efforts. Develop guidance material and support training and
exercises.
Objective 2.12: Integrate Critical Federal Initiatives
Promote National Incident Management System (NIMS) and National
Response Framework (NRF) compliance. Adnnuiister SEMS/I~TIMS
integration. Promote catastrophic plannuig with the Federal Emergency
Management Agency (FEMA). M~iximize federal resources through plaiuung
and coordination. Align grant management processes.
Objective 2.13: Promote Technical Resources in Emergency
Management
Integrate technical capabilities in all elements of emergency management.
Promote coorduiation and collaboration with internal and external technical
experts.
Objective 2.14 Training and Exercises
Enhance and maintain emergency management capabilities through training
and exercise activities.
FY09 EMPG Recipient Subgrant Guide for Loca] Government 33
Appendix By CaIEMA Goals and Oksjecti~es
Objectives, Objective 2.23: Enhance Incident Support
continued Increase the ability to respond to locations as directed, to coordinate and provide
technical support for response and recovery activities of federal, state, and local
governments and disaster relief organizations.
Objective 2.24: Expand Operationa(Readiness
Develop staffing plans for appropriate resources during operational events.
Identify "core" business practices that must be maintahied during an emergency
deployment and the staffing levels necessary to meet these needs. Develop policies
and procedures for shifting workloads for staff during deployment and upon
return. Finalize the implementation and rollout of the Operational Readiness Team
to facilitate efficient deployment of st;~ff during emergencies and disasters.
Objective 2.25: Enhance Statewide Recovery Operations Planning
Develop a statewide disaster recovery plan. Encourage long term recovery
planning at the local level. Enhance catastrophic disaster plaiuiing efforts. Foster
public/private partnerships for recovery.
Goa13 Enhance Customer and Stakeholder Services
Enhance customer and stakeholder services by improving service delivery to
meet or exceed service expectations and improving fiscal and grants
management processes to ensure accountability and provide customer service
excellence to recipients.
Objectives Objective 3.1: Reengineer Grant 1\~anagement Processes
Identify challenges in the current grant management processes and recommend
solutions for improvement. Develop operational performance standards to
track grant processing. Establish grant protocols to monitor payments to
partners.
FY09 EMPG Recipient Subgrant Guide for Local Govermnent 35
Exhibit C
PROGRAM NARRATIVE
Overview: Part of The County of Santa Clara's mission is to support comprehensive emergency
management and to encourage the improvement o:E mitigation, preparedness, response, and
recovery capabilities for all hazards. Funds provided under the EMPG will be used to support
activities that contribute to Santa Clara's capability to prevent, prepare for, mitigate against,
respond to, and recover from emergencies and dis~~sters, whether natural or man-made.
2009 EMPG funding will cover the following emergency management activities for the Santa
Clara County Operational Area in compliance with the goals and objectives below:
• Alert & Warning
• Care & Sheltering
• Planning -Specific to Jurisdiction's Emergency Operations Plan
• Exercises
• EOC Construction/Renovation
GOAL/ ACTIVITY TASK(S) TO BE COMPLETED
OBJECTIVE
Goal 1 - Internal Training - Utilize After Action Reports and
Objectives - Review and Revise Plans and Lessons Learned to create
1.4, 1.6, 1.9, procedures to ensure they are training plans
1.10 up to date - Identify trainings, determine
dates and locations
- Promote trainings to staff
- Review and revise plans
including Emergency Operations
Plans
Goal 2 - Enhance & Improve - Participate in implementation of
Objectives Cormnunications Capabilities & County-wide notification system
2.1, 2.4, 2.5, system redundancy (AIertSCC)
2.6, 2.8, 2.9, - Training & Exercise Acti~~ities - Participate in communications
2.10, 2.12, - Support volunteer disaster tests and trainings
2.14, 2.22, preparedness efforts - Determine equipment
2.24 - Conduct regular availability on AEL
communications tests - Purchase equipment
- Equip Essential facilities - EOC renovation
Goal 3 - Training & Exercises - Determine participation in
Objective 3.9 EMMA exercise (per Bay Area
UASI and the State)
- Identify trainings, determine
dates and locations
Exhibit D
Performance Report
FISCAL YEAR 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT
Reporting City:
Performance Period: from to _
(see Agreement with County for Performance Period date)
Mailing Instructions: Please complete the performance report and return it by
to: (see Agreement with County for Performance Per'od dates)
Santa Clara County Office of Emergency Services
Attention: Diane Stambaugh
55 West Younger Ave, Suite 450
San Jose CA, 95110
Questions regarding the completion of this performance report should be directed to Santa Clara
County Office of Emergency Services (408 )808-78013. Questions can also be sent via email to
diane.stambaug~a.oes.sccgov.org. Reports can be fixed to (408)294-4689, with a hard copy of the
report mailed to the above address.
Part 1-City Contact Information
Who is responsible for completing this form?
Name
(if responsible person is the City Emergency Manager, skip to the next section)
Title
Mailing
Address,
Phone_
e-mail
Fax
Part 11 -Project Activities
Directions: Complete the following items to reflect activities completed in your city during this
reporting period.
Emergency Management Performance Grants
a. How have you maintained or expanded your emergency management program
capabilities with respect to the listed projects during this Performance Period?
b. What percentage of your funds have been requested and reimbursed?
Part 111 -Signature of Preparer
I certify that I have prepared this report with the most timely and accurate information available.
Signature: Date:
Printed Name: __ Title:
Exhibit E
DEPT
i o i P2y;Pehod grid Dates CLASS'
xxx EMP'NUMBER `PAGE'' CITY NAME
1 AGENCY:
Pay'.penod ;. Last;Name. First Name LABOR DISTRIBUTION TIME SHEET
APPROVED BY DATE EMPLOYEE SIGNATURE
HOU RS WOR KED BY DAY TOTAL WBS #
M T W TH F S S M T W TH F 5 s HOURS
###na#~a ~aaaaa~# #~~##s## asp#~~~~ uasx~snu #na#ann~ ~#aa#a#a u###tY~te# a#u#a#u# ~aaa##na
- Project 1 -Alert & Warning
- Project 2 -Care & Sheltering
- Project 3 -Planning -Specific io
Jurisdiction's Emergency Operations Plan
- Project 4 -Exercises
ro~ect onstructlan
Renovation
-- --
-- -
--
--
--
- Tl1T 11 1 l+
1 V 1 MLJ
Employee Signature Supervisor's Slgnature
Exhibit F
City Reimbursement Request for FY09 Emergency Management Pertormance Grant Program
City of
ctivity 1
Alert & Warning
ctivity 2
Care & Sheltering Activity 3
Planning -Specific to
Jurisdiction's
Emergency
Operations Plan
ctivity 4
Exercises
Activity 5
EOC
Construction/Renovation ~-
EMPG
Reimbursement
Request
Total Authorized Expenses
City Match Expended 0 0 0 0 0
EMPG Funds Expended 0 0 0 0 0 0
To complete worksheet, insert total expended under "Total Authorized Expenses" column. The preset formula will calculate the city match and what
the EMPG reimbursement will be.
FIRST AMEI\"DMENT
TO AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CUPERTINO
GRANTING PROGRAM[ FUNDS FOR THE
FISCAL YEAR 2008 EMERGENCY MAN~-GEMENT PERFORMANCE GRANT
AMENDMENT
WHEREAS the County of Santa Clara ("County";I entered into an Agreement with the City of
Cupertino ("City") for the distribution of FY2008 Emergency Management Performance Grant
("EMPG") Funds on November 24, 2008.
Now, therefore, THIS FIRST AMENDMENT to the Agreement is made as of June 1, 2009, in Santa
Clara County, California, by and between the County and the City. The language in the First
Amendment supersedes any contrary language in the Agreement with respect to Article 1, Section 1.
All other requirements, terms and conditions of the Agreement remain in full force and effect without
amendment or change.
RECITA-LS
1. Modification to the Agreement. The Agreement is hereby modified as follows:
Article 1, Section 1, "Amount of Payment" will have the following language replace
the existing language in its entirety:
Fiscal Year 2008 Emergency Management Performance Grant funds will be disbursed pursuant
to the state formula for each city. The County will reimburse to the City, funds that the City
expends, under Fiscal Year 2008 Emergency lvlanagement Performance Grant. The amount for
the City of Cupertino will not exceed $9,195. ]. 5 unless the state allocates the County additional
funds under the Fiscal Year 2008 Emergency Management Performance Grant, following the
execution of this agreement. If additional fun~Js are allocated, an amendment to this MOU will
follow.
//
//
//
Amended Agreement between the County of Santa Clara
and City of Cupertino for the distribution of FY2008 Emergency
Management Performance Grant Funds
The parties hereto have executed this First Ame~idment to the Agreement as of the last date
shown below.
Signed:
COUNTY OF SANTA CLARA
By 8' S/D~
Gary Gr ves Date
Acting County Executive
CITY OF CUPERTINO
by c,~ ~ , L2.. og
David Knapp Date
City Manager
Approved as to Form and Legality:
~~~ ~.
Kimber y Rapp `
Deputy County Counsel
U {~,ti l~n ~~r~c'~~
Date
Approved as to Form and Legality:
~ ~~ ~
,~
~ ~ Z~
City Attorney ~~ ~~V , .,,_ \
~~
Date
Amended Agreement between the County of Santa Clara
and City of Cupertino for the distribution of FY2008 Emergency
Management Performance Grant Funds