SunnyvaleRTC

AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SUNNYVALE GRANTING PROGRAM FUNDS FOR THE FISCAL YEAR 2003 CERT GRANT, THE FISCAL YEAR 2003 SUPPLEMENTAL EMERGENCY MANAGEMENT PERFORMANCE GRANT, THE FISCAL YEAR 2004 EMERGENCY MANAGEMENT PERFORMANCE GRANT, AND THE FISCAL YEAR 2004 CITIZEN CORPS GRANT PROGRAM

BACKGROUND

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, Los Altos Hills, and the County of Santa Clara, are parties to the 1994 Operational Area Interim Agreement. This Interim Agreement was amended in 1997 and subsequently the County Emergency Services/Civil Defense Ordinance was revised in 1997, thereby empowering the Emergency Preparedness Council to serve as the Santa Clara County Operational Area Council with governing body authority to carry out the responsibilities of the OAC as required by the California Governor’s Office of Emergency Services. As the Santa Clara County Operational Area Council, the Emergency Preparedness Council is empowered to make funding allocation decisions for the Emergency Management Performance Grants and Community Emergency Response Team (CERT) Grants as outlined by the California Governor’s Office of Emergency Services. The Operational Area Council, for the purpose of approving the distribution of federal funds at the operational area level, has appointed an Anti-terrorism Approval Body (to be hereafter as the Approval Authority), who have the final authority for determining the Operating Area Council’s allocation of Homeland Security funds, including the Fiscal Year 2004 Citizen Corps Grant Program.

On March 1, 2004, the Governor’s Office on Service and Volunteerism awarded the County of Santa Clara (“the County”) a Fiscal Year 2003 Grant for CERT in the amount of $45,039 for the purpose of implementation, expansion and development of Community Emergency Response Team Programs. This agreement (“Agreement”) is to transfer the sum of $2,672.88, a portion of the grant funds, allocated on a per capita basis, from the County to the City, so that the City may implement programs as specified in the grant guidelines.

On December 15, 2003, the Governor’s Office of Emergency Services awarded the County of Santa Clara (“the County”) a Fiscal Year 2003 Supplemental Appropriations Emergency Management Performance Grant in the amount of $64,903 for the purpose of managing emergency planning. This agreement (“Agreement”) is to transfer the sum of $4,275.58, a portion of the grant funds, allocated on a per capita basis, from the County to the City, so that the City may implement programs as specified in the grant guidelines.

On May 27, 2004, the Governor’s Office of Homeland Security awarded the County of Santa Clara (“the County”) a Fiscal Year 2004 Emergency Management Performance Grant of $267,573 for the purpose of managing emergency planning. This agreement (“Agreement”) is to transfer the sum of $18,964.09, a portion of the grant funds, allocated on a per capita basis, from the County to the City, so that the City may implement programs as specified in the grant guidelines.

On July 1, 2004, the Governor’s Office of Emergency Services awarded the County of Santa Clara (“the County”) a Fiscal Year 2004 Citizen Corps Grant in the amount of $80,267 for the purpose of implementation, expansion and development of Citizen Corps Programs. This agreement (“Agreement”) is to transfer the sum of $5,964.00, a portion of the grant funds, allocated on a per capita basis, from the County to the City, so that the City may implement programs as specified in the grant guidelines.

THE AGREEMENT

Article 1. Transfer of Grant Funds.

1.1 Amount of Payment.

The County will transfer to the City funds that the County received, or will receive, under Fiscal Year 2003 CERT Grant, the Fiscal Year 2003 Supplemental Emergency Management Performance Grant, the Fiscal Year 2004 Emergency Management Performance Grant, and the Fiscal Year 2004 Citizen Corps Grant Program. This amount will not exceed $31,876.55, unless the state allocates the County additional funds under the Fiscal Year 2003 CERT Grant, the Fiscal Year 2003 Supplemental Emergency Management Performance Grant, the Fiscal Year 2004 Emergency Management Performance Grant, or the Fiscal Year 2004 Citizen Corps Grant Program following the execution of this agreement.

Article 2. City’s Obligations.

2.1 Use of Funds.

(a) The City will use the funds granted under this Agreement only for the purpose of implementing applicable programs under the Fiscal Year 2003 CERT Grant, the Fiscal Year 2003 Supplemental Emergency Management Performance Grant, the Fiscal Year 2004 Emergency Management Performance Grant, and the Fiscal Year 2004 Citizen Corps Grant Program.

(b) The City will use the funds and equipment granted under this Agreement in a manner consistent with:

(1) the applications submitted by the County to the State for the grants under this Agreement;

(2) the grant guidance issued by the State for the grants under this Agreement; and

(3) the notifications issued by the State of the approval of the grants under this Agreement.

(c) The documents described in Section 2.1(b) (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.

2.2 Master Grant Obligations.

(a) The City agrees to comply with all applicable requirements 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.

2.3 Reporting.

(a) The City will prepare progress reports for the duration of the term of this Agreement. The reports must include the status of all activities, including equipment purchases.

(b) The reports are due to the County representative identified in Section 5.1 as follows:

(1) Performance Period 1 (date of execution through December 31, 2004)- due by January 10, 2005

(2) Performance Period 2 (January 1-June 30, 2005) – due by July 15, 2005

(3) Performance Period 3– (July 1-November 30, 2005) -due by December 15, 2005

(d) The City will notify the County representative identified in Section 5.1, within 15 days, when the City has completed all performance obligations for these grants.

Article 3. Term and Termination.

3.1 Term of Agreement.

This Agreement is effective from date of execution through the date that the County receives notification from Governor’s Office of Emergency Services that the County’s Fiscal Year 2003 CERT Grant, Fiscal Year 2003 Supplemental Emergency Management Performance Grant, Fiscal Year 2004 Emergency Management Performance Grant, and Fiscal Year 2004 Citizen Corps Grants have been closed out.

3.2 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 given 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 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 (30) day period and diligently and continuously pursues such cure, correction or remedy.

c) If Agreement is terminated, the City shall return funding in accordance with grant guidelines.

Article 4. Liabilities.

4.1 Mutual Indemnification.

In lieu of and not withstanding 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 5. Miscellaneous.

5.1 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 prepaid, 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:

Emergency Services Coordinator

City of Sunnyvale Public Safety Department
700 All America Way
Sunnyvale, CA 94088

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.