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HomeMy WebLinkAboutCounty of Santa Clara (10)AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF LOS ALTOS HILLS GRANTING PROGRAM FUNDS FOR THE DISTRIBUTION OF 2013 HOMELAND SECURITY GRANT PROGRAM FUNDS This agreement is made November 15, 2013 by and between the County of Santa Clara (County) and the City of Los Altos Hills (City) for the distribution of 2013 Homeland Security Grant Program Funds. RECITALS WHEREAS, the 2013 Homeland Security Grant Program is made up; the State Homeland Security Program (SHSGP, CFDA #97.067); and WHEREAS, the SHSGP Program supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts of terrorism and other catastrophic events. In addition, SHSGP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Framework (NRF); WHEREAS, the State has designated the County of Santa Clara as the Operational Area for purposes of distributing SHSGP funds to the cities, special districts and other entities within the County. An Anti -Terrorism Approval Body (County Approval Authority) has been appointed for the purpose of approving the distribution of SHSGP fiends at the Operational Area level; WHEREAS, on October 25, 2013 the California Emergency Management Agency awarded the County a 2013 Homeland Security Grant of $1,760,533. The allocation of the SHSGP funds $1,760,533, will be determined by the County Approval Authority in accordance with the grant guidelines; and NOW THEREFORE, the parties agree as follows: THE AGREEMENT Article I. Payment 1. Payment Eligibility Unless otherwise approved in advance by the Santa Clara County OES Grants Administrator (hereinafter "grants administrator"), only an actual cash disbursement by the City for a claimed expense is eligible for reimbursement by the County as approved and specified in Exhibit A, SHSGP Project Funding, which is attached and hereby incorporated into this Agreement. 2. Amount of Payment The County will provide the City, unless otherwise specified, with the equipment, supplies and/or other resources as set forth in Exhibit A, SHSGP Project Funding. Specifications for Page 1 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs such equipment shall be provided by the City's requesting agency to the County for the appropriate procurement process. City's requesting agency will be notified when the procurement process is complete for final approval of equipment prior to the order being placed. If, through previous agreement with the County, the City is to procure its own equipment, performance milestone dates will apply (refer to Article II, Section 3(a)). The County may reallocate SHSGP funds as specified in Article 1, section 3 of this Agreement. County does not guarantee a minimum payment to the City. Funds in the amount of $100,000 have been set aside for the training program from the total Homeland Security grant to be allocated during the term of this Agreement. The Office of Emergency Services will allocate training funds to agencies as determined by the Training/Exercise Advisory Group. Authorized personnel budgets are allowable within the Sheriff s Office, County Office of Emergency Services, Central Fire, and Public Health Emergency Medical Services. The personnel budget for these departments will reflect the expenditure authority. Reimbursement for actual cash disbursements will be requested through the County Office of Emergency Services. Based on the preference of the Department/Agency, reimbursement requests may be requested on a monthly or quarterly basis. For County Departments, reimbursement will be made via inter -county transfer. For all others, a county warrant will be issued. 3. Maximum Amount Pavable Subject to the availability of funds and the priorities established by the Approval Authority, the maximum amount of SHSGP funds payable by the County to the City under this Agreement must not exceed the total amount of the 2013 Homeland Security Grant as allocated by the County Approval Authority. 4. Reallocation of SHSGP Grant Funds For the purpose of maximizing the resources available for disaster preparedness within the Operational Area, the City agrees that the County Approval Authority may reallocate fiends under this agreement to the City or to another applicant if County determines that a City is unable to utilize the amount allocated under this Agreement. County may base its determination on factors that include, but are not limited to the following: delivery timelines, fiend expenditure capabilities, and timeliness of expenditure. County will notify the City in writing of any detennination to reallocate funds, by issuing a "Notice of Reallocation." SHSGP funds will be put forth to the County Approval Authority for reallocation. The City agrees that the County has the authority to increase or decrease the maximum amount payable under this Agreement as specified in the Notice of Reallocation document without liability and County has the authority to amend Exhibit A, "SHSGP Project Funding," accordingly. Upon issuance, the Notice of Reallocation will automatically become part of this Agreement. Page 2 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs Article II. Use of Funds. 1. Scope of Services (a) If the City has been allocated funding for aproject, Exhibit A, "SHSGP Project Funding," will serve as the basis for the project. A further detailed description maybe necessary and will be requested by the County if needed to be incorporated by reference herein. If future funding is allocated, the City will provide a detailed description of the approved project to be attached hereto and incorporated by reference herein. (b) The City will use the funds granted under this Agreement only for the purpose of obtaining equipment, training and exercise and implementing applicable programs authorized under the 2013 Homeland Security Grant Program. (c) The City will use fiends and equipment granted under this Agreement in a manner consistent with: 1. the applications submitted by the County to the State for the grant under this Agreement; 2. the grant guidance issued by the State for the grant under this Agreement; and 3. the notifications issued by the State of the approval of the grant under this Agtoanett (d) The documents described in Article II 1(c) (1)-(3) of this Agreement (collectively the "State Grant Requirements") are on file with the County and the granting agencies of the State, and are hereby incorporated into this Agreement. The City hereby acknowledges that it has received a copy of the State Grant Requirements. 2. Master Grant Obligations (a) The City agrees to comply with all applicable requirements and assurances contained in the State Grant Requirements and attached as Exhibit B, "Grant Assurances". The City may designate vendors or sub -recipients to fulfill these obligations, including all State Grant Requirements and Grant Assurances. (b) If any provisions of this Agreement conflict with the State Grant Requirements, the provisions of the State Grant Requirements will control. (c) The City shall establish and maintain administrative, programmatic and fiscal management records in accordance with federal and state requirements, and: 1. Maintain financial management systems that support grant activities in accordance with federal and state requirements, including but not limited to requirements in 44 Code of Federal Regulations ("C.F.R.") Part 13.20, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part II, Chapter 3. Page 3 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 2. The County of Santa Clara will provide and affix equipment tracking numbers for all equipment purchased through our procurement process. Using the County issued tracking number, the City/Town will maintain an equipment tracking ledger that tracks the equipment within their City/Town and complies with federal and state requirements, including but not limited to requirements in 44 C.F.R. Parts 13.32 and 13.33, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part III, Chapter 6. (d) The City will ensure that any sub -recipients or contractors with which the City enters any agreement comply with the certification requirements under 44 C.F.R. Part 13.35, "Sub -Awards to Debarred and Suspended Parties." 3. Performance and Reporting Requirements (a) If previously approved by the County and the City is conducting the purchasing process, the City will comply with the perforinance milestone dates as indicated on Exhibit A, "SHSGP Project Funding." (b) Performance reports, indicating the status of outstanding projects are due to the County Grants Administrator identified in Article V, Section 1 as follows: (c) The following dates represent the Grant Performance Period for the SHSGP Program; • Performance Period 1 (October 25, 2012 — December 31, 2014) — due by January 15, 2015 • Performance Period 2 (January 1, 2015 —March 31, 2015) —due April 15, 2015 (d) The County will provide the City with a report template (Exhibit C, "Perfonnance Report"), and the City will utilize the template to complete the performance submittal to the County. (e) Payments made by County to the City are conditioned upon the timely receipt of applicable, accurate and complete reports, including supporting documents, to be submitted by the City. (f) The City will notify the County representative identified in Article V, Section 1, within 15 days, when the City has completed all performance obligations for these grants. (g) City will provide single audit reports to County by July 31St of every fiscal year. Page 4 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 4. Disallowances (a) Unless otherwise approved in advance by Grants Administrator, the County will not process any claims for reimbursement submitted by City without proof of actual cash disbursement by City for expenses claimed. (b) During the term of this Agreement, County is not obligated to honor any claim for payment that is submitted more than three months following the date of the service for which payment is requested. (c) All requests for reimbursement must be submitted by April 15, 2015. County will not process any claims submitted after this date. Article III. Term and Termination. 1. Term of Agreement This Agreement is effective from October 25, 2013 to March 31, 2015. 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 will give written notice of the breach to the breaching party, specifying the breach. The breaching party will not be deemed in default hereunder and the non -breaching party will not 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 (3 0) day period and diligently and continuously pursues such cure, correction or remedy. (c) If this Agreement is terminated, the City will return funding in accordance with grant guidelines. (d) Budget Contin ency This Agreement is contingent upon the appropriation of sufficient funding by the state and County for the sei vices covered by this Agreement. If fielding is reduced or deleted for the services covered by this Agreement, the County has the option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to this Agreement indicating the reduced amount. Page 5 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs Article IV. Liabilities. 1. Mutual Indemnification In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, 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 injury (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 agent 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 agents, 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 snail, postage prepaid, 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: To the County: Marsha Hovey, OES Coordinator City of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Michelle Sandoval, Grants Administrator County of Santa Clara, Office of Emergency Services 55 W. Younger Ave., Suite 450 San Jose, CA 95110 Page 6 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs 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 employment 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, employment, 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-SmokintZ Policy Contractor and its employees, agents and subcontractors, shall comply with the County's No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara 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. food and Beverage Standards Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by Contractor with County funds for County -sponsored meetings or events. If food is to be provided, healthier food options shall be offered. "Healthier food options" include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of mats or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving. Page 7 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs If beverages are to be provided, beverages that meet the County's nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes maybe provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1 % low fat) dairy mills; (4) plant -derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low -calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar - sweetened beverages shall not be provided. 5. 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. 6. Assignment The parties may not assign this Agreement or the rights and obligations hereunder without the specific written consent of the other. 7. Entire Agreement This document represents the entire Agreement between 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. 8. Amendments This Agreement may only be amended by an instrument signed by the parties. 9. Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together shall constitute one and the same instrument. 10. 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 comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. Page 8 of 9 Agreement between the County of Santa Clara and Los Altos Hills Granting Funds for 2013 Homeland Security Grant Programs