05 Attachment 1 - AgreementAGREEMENT 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.
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(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
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