HomeMy WebLinkAboutCounties of Kings Kern and Tulare-Flood Emergency Response Grant_A-25-465.pdf COtj County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
601 Board of Supervisors 93721-2198
O� 1$56 0 Telephone: (559)600-3529
FRV,t' Minute Order Toll Free: 1-800-742-1011
www.fresnocountyca.gov
September 9, 2025
Present: 5- Vice Chairman Garry Bredefeld, Supervisor Luis Chavez, Supervisor Nathan Magsig,
Chairman Buddy Mendes, and Supervisor Brian Pacheco
Agenda No. 41. Public Health File ID: 25-0782
Re: Approve and authorize the Chairman to execute a Memorandum of Understanding with the counties of
Kings, Kern, and Tulare regarding the implementation of the Flood Emergency Response Grant,
Agreement No.4600016090 with the California Department of Water Resources(DWR), effective upon
execution by all parties and ending three years after final payment under the DWR Agreement,
estimated to be December 31, 2027,total not to exceed$329,000
APPROVED AS RECOMMENDED
Ayes: 5- Bredefeld, Chavez, Magsig, Mendes, and Pacheco
Agreement No. 25-465
County of Fresno Page 43
co
Board Agenda Item 41
O 1856 O
FRE`'�
DATE: September 9, 2025
TO: Board of Supervisors
SUBMITTED BY: Joe Prado, Interim Director, Department of Public Health
SUBJECT: Memorandum of Understanding Between Fresno, Kings, Kern and Tulare Counties
for Flood Emergency Response Grant Implementation
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute a Memorandum of Understanding with the
counties of Kings, Kern, and Tulare regarding the implementation of the Flood Emergency
Response Grant,Agreement No. 4600016090 with the California Department of Water Resources
(DWR), effective upon execution by all parties and ending three years after final payment under the
DWR Agreement, estimated to be December 31, 2027, total not to exceed $329,000.
Approval of the recommended action will allow Fresno County to distribute funds to the participating counties
and carry out the responsibilities outlined in Resolution No. 24-387, including overseeing project
implementation, monitoring subrecipient compliance, and ensuring timely reimbursement from DWR. The
total award of$500,000 includes$171,000 retained by Fresno County for its Emergency Operations Center
(EOC) project, and $329,000 distributed to Tulare, Kings, and Kern Counties for their approved emergency
preparedness activities.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, the Department will be unable to fulfill its
responsibilities as the pass-through agency under the grant agreement with the DWR. As a result, the
County will not be able to seek reimbursement on behalf of Kings, Kern, and Tulare Counties for costs
incurred in the implementation of their approved projects, under the DWR agreement.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. All costs incurred by
Fresno County and the participating counties in the implementation of the approved projects will be
reimbursed by DWR in accordance with the terms of the grant agreement. Fresno County will retain
$171,000, while $147,000 will be distributed to both Kings and Tulare Counties, and $35,000 to Kern County.
Sufficient appropriations and estimated revenues will be included in the Department's Org 5620 FY 2025-26
Recommended Budget and will be included in subsequent budget requests.
DISCUSSION:
On December 3, 2024, the Board approved Resolution No. 24-387, which authorized the acceptance of
funding from DWR and designated the Fresno County Department of Public Health's Office of Emergency
Services (OES) as the administrative lead for implementation of the Flood Emergency Response Grant,
Agreement No. 4600016090 and coordination with Kings, Tulare, and Kern Counties. Under the DWR
County of Fresno Page I File Number.25-0782
File Number:25-0782
Agreement No. 4600016090, a total of$500,000 has been allocated to support regional emergency
preparedness efforts, with $171,000 retained by Fresno County for its own EOC enhancement project and
$329,000 designated for use by the other three counties to implement their respective emergency response
projects.
To formalize roles and responsibilities among the participating counties, the Fresno County OES has
developed a Memorandum of Understanding (MOU) outlining Fresno County's responsibilities as the
pass-through agency and the obligations of Kings, Tulare, and Kern Counties as subrecipients. The MOU
establishes a structure for fund distribution, performance monitoring, reporting, and compliance with state
grant requirements. Each participating county submitted a project scope that aligns with the objectives of the
DWR grant, including enhancements to EOC capabilities, communications infrastructure, flood response
tools, and planning exercises. The MOU ensures all jurisdictions will implement their projects, adhere to
grant requirements, and submit documentation necessary for reimbursement. The MOU includes a mutual
indemnification clause, which ensures that each participating county agrees to hold the others harmless
from liabilities arising from their own acts or omissions in the performance of duties under the agreement,
which differs from the County's standard indemnification provision. The mutual hold harmless clause has
been reviewed by Risk Management and deemed to be acceptable for this agreement between public
entities.
REFERENCE MATERIAL:
BAI #62, December 3, 2024
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk- MOU with Kings, Kern, and Tulare Counties
CAO ANALYST:
Ron Alexander
County of Fresno Page 2 File Number.25-0782
Agreement No. 25-465
1 MEMORANDUM OF UNDERSTANDING
2
3 This Memorandum of Understanding (MOU) is made and entered into between County
4 of Fresno, hereinafter referred to as "County," and the Counties of Kings, Kern, and Tulare,
5 hereinafter collectively referred to as the "Subrecipients," in connection with the implementation
6 of the Proposition 1 Round 3 Delta Flood Emergency Response Grant, Agreement No.
7 4600016090 with the Department of Water Resources (DWR), hereinafter referred to as the
8 "DWR Agreement'. County and Subrecipients are each a "Party" and collectively "Parties"to
9 this MOU.
10 1. Purpose
11 The purpose of this MOU is to establish a framework under which Fresno County, as the
12 Pass-Through Agency, will distribute funds and oversee the implementation of grant-funded
13 projects carried out by the Subrecipients. Each party agrees to comply with all applicable terms
14 and conditions as set forth by the DWR Agreement.
15 2. Scope of Work
16 Each Subrecipient will execute its respective project as outlined in the DWR Agreement
17 (Exhibit A: Work Plan), which includes specific activities related to flood emergency
18 preparedness, response, and equipment procurement.
19 3. Term
20 This MOU shall commence upon execution of the final signing party and remain in effect
21 until three years after final payment under the DWR Agreement, or until otherwise terminated
22 pursuant to the terms herein. The Pass-Through Agency will provide written notice to the
23 Subrecipients once all funds allocated under this Agreement have been fully expended.
24 4. Responsibilities
25 A. Fresno County (Pass-Through Agency):
26 1. Administration and Oversight:
27 o Serve as the primary liaison between Subrecipients and DWR.
28
1
1 o Ensure Subrecipients' compliance with all federal, state, and grant
2 requirements.
3 2. Funds Disbursement:
4 o Allocate funds to Subrecipients in accordance with approved budgets
5 and eligible project costs as established in the DWR Agreement.
6 o Withhold disbursement if Subrecipients fail to comply with reporting or
7 project requirements as established in the DWR Agreement.
8 3. Monitoring and Reporting:
9 o Review and compile progress and financial reports from Subrecipients
10 for submission to DWR, as required by the DWR Agreement.
11 o Conduct audits and inspections as necessary to ensure compliance with
12 the DWR Agreement.
13 4. Documentation:
14 o Maintain records of all grant-related activities and expenditures,
15 including those of Subrecipients.
16 B. Subrecipients (Kings County, Kern County, and Tulare County):
17 1. Project Implementation:
18 o Execute their respective projects in accordance with the approved work
19 plan, budget, and schedule as laid out in the DWR Agreement.
20 2. Compliance:
21 o Abide by all applicable laws, regulations, and grant requirements,
22 including CEQA, NEPA, and procurement guidelines.
23 o Respond promptly to any requests from Fresno County for information
24 or clarification related to the DWR Agreement.
25 3. Reporting Requirements:
26 o Each subrecipient shall individually complete and submit quarterly
27 progress reports to Fresno County on the status of their respective
28 project. The first report is due no later than the end of the first full
2
1 quarter following the execution of this MOU. Reports are due every
2 three months, as required by the Agreement. Reports shall include:
3 . Description of activities performed.
4 • Expenditures incurred with supporting documentation (e.g.,
5 receipts, invoices).
6 • Activities, milestones achieved, accomplishments, and problems
7 encountered.
8 o Provide a final project completion report to Fresno County within 90
9 days of project completion.
10 4. Recordkeeping:
11 o Maintain detailed and accurate records of all grant-related activities and
12 expenses for a minimum of three years after project completion.
13 5. Cooperation:
14 o Cooperate with Fresno County in any audits, inspections, or evaluations
15 required by DWR under the DWR Agreement.
16 5. Funding Allocation
17 The total grant award is $500,000, distributed as follows for their respective project(s):
18 Fresno County: $171,000
19 Tulare County: $147,000
20 Kings County: $147,000
21 Kern County: $35,000
22 Subrecipients acknowledge that funds must be used solely for Eligible Project Costs as
23 defined in the DWR Agreement. In accordance with Section 6 of the DWR Agreement, costs
24 incurred for work performed on or after November 2, 2022, shall be eligible for reimbursement,
25 provided they meet the criteria outlined in the DWR Agreement.
26 6. Audits and Monitoring
27
28
3
1 Subrecipients agree to participate in audits conducted by Fresno County, DWR, or any
2 authorized representatives. Subrecipients will provide all necessary records and documentation
3 during such review.
4 7. Termination
5 This MOU may be terminated under the following conditions:
6 1. By Mutual Agreement: Written agreement by all parties to terminate.
7 2. For Cause: If a Subrecipient materially breaches any obligation under this MOU
8 or the DWR Agreement, Fresno County may terminate this MOU with 30 days'
9 written notice.
10 3. Unspent Funds: Any unused grant funds by Subrecipients must be returned to
11 Fresno County upon termination, who will provide funds back to DWR, as
12 required under the DWR Agreement.
13 8. Indemnity. Each Party shall indemnify and hold harmless and defend the other Parties
14 (including its officers, agents, employees, and volunteers) against all claims, demands, injuries,
15 damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of
16 any kind arising out of this MOU or the DWR Agreement , , except for claims resulting from a
17 Party's sole negligence or willful misconduct. Each Party may conduct or participate in its own
18 defense without affecting the other Parties obligation to indemnify and hold harmless or defend
19 the Parties.
20 8.1 Survival. This Article 8 survives the termination of this Agreement.
21
22 9. Insurance. Without limiting the indemnification as stated herein, it is understood and agreed
23 that Subrecipients shall maintain, at their sole expense, insurance policies or self-insurance
24 programs including, but not limited to, an insurance pooling arrangement and/or Joint Powers
25 Agreement to fund their respective liabilities including general liability, automotive liability,
26 workers' compensation and employers' liability, and professional liability. Evidence of Insurance,
27 e.g., Certificates of Insurance or other similar documentation, shall be provided upon request.
28 10. Notices
4
1 Notices under this MOU shall be provided to the following representatives:
2 Fresno County (Pass-Through Agency):
Theresa Mejorado, Emergency Manager
3 1221 Fulton St., Fresno, CA 93712
4 tmejorado@fresnocountyca.gov
5
Kings County:
6 Abraham Valencia, Emergency Services Manager
280 Campus Dr., Hanford, CA 93230
7 Abraham.Valencia@co.kings.ca.us
8 Kern County:
9 Georgianna Armstrong, Emergency Services Manager
2601 Panorama Dr. Bldg. B, Bakersfield, CA 93306
10 garmstrong@kerncountyfire.org
11 Tulare County:
Sabrina Bustamante, Emergency Services Manager
12 5957 S. Mooney Blvd., Visalia, CA 93277
SLBustamante@Tularecounty.ca.gov
13
14 10. General Provisions
15 A. Amendments: Any amendments to this MOU must be in writing and signed by all parties.
16 B. Entire Agreement: This MOU constitutes the entire understanding between the parties
17 regarding the subject matter herein.
18 C. Counterparts: This Agreement may be signed in counterparts, each of which is an
19 original, and all of which together constitute this Agreement.
20 [SIGNATURE PAGES FOLLOW)
21
22
23
24
25
26
27
28
5
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2
3
COUNTY OF FRESNO
4
5 /
6 Ernest Buddy Men es, hairman of the
Board of Supervisors of the County of Fresno
7
8 9_ 9 aoa5
9 Date
10 Attest:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
County of Fresno, State of California
12
13 By: _
Deputy
14
15
16
17
18 For accounting use only:
19 Org No.: 56204604
Account No.: 7295
20 Fund No.: 0001
Subclass No.: 10000
21
22
23
24
25
26
27
28
6
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2
3
COU TULARE
4
5
6 Pete Vander Poel, Chairman of the Board of
Supervisors of the County of Tulare
7
8 815/z67
9 Date
10 Attest:
Jason T. Britt
11 County Administrative Officer/ sv
Clerk of the Board of Supervisors
12 County of TuIlq^ State of California
` fnl l
13 B '
y Depu C erk Cc uN��`
14
15 Approved as to Form:
y.��
17 Deputy County Counsel
Matter No.2025811
18
19
20
21
22
23
24
25
26
27
28
7
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2
COUNTY OF KINGS
3
4
5 Doug Verboom, Chairman of the Board of
Supervisors of the County of Kings
6
7 07-22-2025
8 Date
9 Attest:
Catherine Venturella, Clerk of the Board of
10 Supervisors
County of Kings, State of California
11
12 B :
Deputy
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2
COUNTY OF ER
3
4
5 Leticia Perez, an of the Board of
Supervisors o� unty of Kern
6
AUG - 5 2025
8 Date
9 Attest:
Nancy Anderson
10 Clerk of the Board of Supervisors
County of Kern, State of California
1i
12 BY:
13 Deputy
14
15
APPROVED AS TO FORM
Office of County Counsel
17 BY
Kern Coun
18
19
20
21
22
23
24
25
26
27
28
9