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05 Staff ReportPREPARED BY: Arn Andrews Assistant Town Manager Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/21/2020 ITEM NO: 5 DATE: January 15, 2020 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Take the Following Actions a.enter into an Agreement with the County of Santa Clara for the Acceptance of Emergency Management Performance Grant (EMPG) Funds in the Amount of $10,800, and b.Authorize a General Fund Revenue and Expenditure Budget Adjustments in the Amount of $10,800 to Receive and Spend the Grant RECOMMENDATION: Authorize the Town Manager to take the following actions a.Enter into an Agreement with the County of Santa Clara for the acceptance of Emergency Management Performance Grant (EMPG) Funds in the amount of $1 0,800, and b.Authorize a General Fund revenue and expenditure budget adjustments in the amount of $10,800 to receive and spend the grant. BACKGROUND: The purpose of the EMPG Program is to provide federal grants to states to assist state, local, territorial, and tribal governments in preparing for all hazards. Title VI of the Stafford Act authorizes Federal Emergency Management Agency (FEMA) to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the federal government, the states, and their political subdivisions. The Town of Los Gatos is a party to the 1994 Operational Area Interim Agreement with the Santa Clara County Emergency Operational Area Council (EOAC) who acts as the advisory body PAGE 2 OF 2 SUBJECT: Acceptance of Emergency Management Performance Grant DATE: January 15, 2020 BACKGROUND (continued): of the Santa Clara Operational Area (Op Area). The EOAC makes Op Area funding allocation recommendations to the California Governor’s Office of Emergency Services (Cal OES) for EMPG funding awarded to California by the United States Department of Homeland Security. DISCUSSION: Based on the EMPG funding guidelines, the Town applied for funding to replace all existing EOC laptop computers and enhance technology enhancements. EOC laptops are a critical component for emergency managers to effectively collect and provide information and data throughout the operational area in the event of an emergency. The Town’s EOC laptops are over four years old and have reached the end of their optimal life. The Town’s EMPG award is $10,800. In order to accept the EMPG funds, the Town must enter into an agreement with the County of Santa Clara (Attachment 1) as the County Office of Emergency Management oversees the EMPG program for the Op Area. CONCLUSION: Staff recommends accepting EMPG funding of $10,800 and authorizing the Town Manager to enter into an Agreement with Santa Clara County for acceptance of the funds. COORDINATION: This report was coordinated with the Town Attorney and Director of Finance. FISCAL IMPACT: Award of the grant will be recognized as a $10,800 increase in General Fund revenue with a corresponding $10,800 increase in General Fund expenditures. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Agreement between the County of Santa Clara and the Town of Los Gatos AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS GRANTING PROGRAM FUNDS FOR THE 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) THIS AGREEMENT is made effective July 1, 2019, by and between the County of Santa Clara ("County") and the Town of Los Gatos ("Town") for the allocation and distribution of 2019 Emergency Management Performance Grant ("EMPG") funds. RECITALS WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos and Los Altos Hills, and the County of Santa Clara, are parties to the 1994 Operational Area Interim Agreement; and WHEREAS, the Santa Clara County Emergency Operational Area Council ("EOAC") is the advisory body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the Operational Area. EOAC membership includes 5 city council members representing cities in the Operational Area as well as representatives of the Santa Clara Valley Water District, Office of the County Executive, County Board of Supervisors, City Managers' Association, Police Chiefs' Association, Fire Chiefs' Association, County Public Health Department, County Social Services Agency, County Emergency Medical Services Agency, Santa Clara Valley Transportation Authority, and emergency management representatives; and WHEREAS, the County Civil Protection and Emergency Management Ordinance establishes the EOAC and endows the EOAC with authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation recommendations for EMPG funding awarded by the United States Department of Homeland Security to the California Governor's Office of Emergency Services ("Cal OES"), and subsequently sub-awarded to County; and WHEREAS, Cal OES has awarded County 2019 EMPG funding in the amount of $519,832 for the purpose of sustaining and improving comprehensive emergency management programs; NOW, THEREFORE, this AGREEMENT is to allocate the sum of$10,800 from County to Town, so that Town may implement the "EOC Computers & Technology" project as provided under this Agreement and specified in the EMPG Grant Certifications and Assurances, Exhibit B. The performance period for County for this grant expires on June 30, 2021. The performance period for Town for the subgrant expires on March 31, 2021. County and Town agree as follows: Article I. Definitions 1.Specific Terms THE AGREEMENT (a)"Burdened Labor Rate" shall mean the labor rate including benefits, taxes and other deductions from an employee's paycheck. This rate does not include vacation benefits. The hourly burdened labor rate is used to calculate Town's match obligation. 1 ATTACHMENT 1 (b)"Town" shall mean the Town of Los Gatos, its officers, board members, employees, and agents. ( c)"County" shall mean the County of Santa Clara, its officers, board members, employees, and agents. (d)"EMPG funds" or "EMPG funding" shall mean the funding Town receives under this Agreement. (e)"Federal Program Guidance" shall mean guidance documents issued by the Federal Emergency Management Agency, including the EMPG Program Funding Opportunity Announcement, for Fiscal Year 2019. (f)"Grant Certifications and Assurances" shall mean the FY19 "Standard Assurance For All Cal OES Federal Grant Programs", "Certification Regarding Lobbying", and "Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure" (g)"Highly Compensated Individual" shall mean an individual whose income is $300,000 or more per year. (h)"Prime Recipient" shall refer to County. (i)"Project Manager" shall refer to the Town employee identified as "Requestor" on an EMPG Project Proposal form. (j) "Spend Plan" shall mean a written document that explains the project on which Town intends to spend 2019 EMPG funding, including project deliverables and milestone dates by which any funds allocated to Town must be spent. (k)"State Guidance" shall mean the California Supplement to the Federal Program Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2019. (I)"Subgrant" shall mean funds awarded to the Town under this Agreement. (m)"Sub-Recipient" shall refer to Town. 2.References to This Agreement Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; ( c) all statutes, ordinances, regulations, rules, or other documents incorporated by reference into this Agreement; ( d) all amendments, modifications, or supplements to this Agreement. Article II. Allocation and Spend Plans 1.Allocation. The 2019 EMPG funds shall be disbursed pursuant to the County's FY 2019 EMPG Grant application for each City/Town. County shall reimburse to Town funds that Town expends under the 2019 EMPG program for eligible expenditures. The amount for Town shall not exceed $10,800, unless additional 2 This Page Intentionally Left Blank