File #: A 23-347    Name: FEMA/LEMA Memorandum of Agreement
Type: BoS Agreement Status: Passed
File created: 7/11/2023 In control: Board of Supervisors
On agenda: 7/25/2023 Final action: 7/25/2023
Title: Authorize the Monterey County Sheriff or designee to execute a Memorandum of Agreement with any of the Law Enforcement Agency/Department, to potentially offset the costs of providing support to the County of Monterey during a Declared Emergency, pursuant to the Federal Emergency Management Agency/Law Enforcement Mutual Aid Plan.
Attachments: 1. Board Report, 2. LEMA Blank Memorandum of Agreement.pdf, 3. Completed Board Order Item No. 44

Title

Authorize the Monterey County Sheriff or designee to execute a Memorandum of Agreement with any of the Law Enforcement Agency/Department, to potentially offset the costs of providing support to the County of Monterey during a Declared Emergency, pursuant to the Federal Emergency Management Agency/Law Enforcement Mutual Aid Plan.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Authorize the Monterey County Sheriff or designee to execute a Memorandum of Agreement with any of the Law Enforcement Agency/Department, to potentially offset the costs of providing support to the County of Monterey during a Declared Emergency, pursuant to the Federal Emergency Management Agency/Law Enforcement Mutual Aid Plan.

 

SUMMARY/DISCUSSION:

The Monterey County Sheriff’s Office (MCSO) is requesting authority to execute  Memorandums of Agreement (MOA) as necessary during a declared emergency.

 

On July 1, 2022, the Law Enforcement Mutual Aid (LEMA) Assistant fund (currently $25 million) became available to reimburse Law Enforcement Agencies (LEA) that respond to disasters and emergencies outside of their jurisdiction under certain conditions.

 

LEMA Assistant funds, allow for the following reimbursements: (1) responding officer overtime, (2) backfill overtime for responding officers, (3) lodging, (4) Per diem, (5) mileage to and from the incident site, (6) fuel, (7) specialized equipment (i.e. Aviation, rapid DNA, etc.)

 

LEMA is a sub-agency of the Federal Emergency Management Agency (FEMA) that may provide payments for Mutual Agency Recovery. After a declared emergency, MCSO will gather all invoices of Partner Law Enforcement Agencies (LEA), then submit one invoice and a copy of the signed MOAs (one per LEA) to the California Office of Emergency Services (CALOES) for FEMA/State reimbursements.

 

With the creation of LEMA, MCSO will now work directly with CALOES and CALOES will submit the claims to FEMA and LEMA and any unpaid portion (normally the Regular Time, which is not LEMA eligible costs but may be FEMA eligible) will be given to the County to be added to the County Invoice.

 

The MOA provides the contracting mechanism for the MCSO to request reimbursement of funds expended by LEAs while assisting during the declared emergency.   

 

OTHER AGENCY INVOLVEMENT:

County Counsel and the Auditor-Controller have reviewed for legal and fiscal provisions respectively.

 

FINANCING:

MCSO will be a pass-through agency for any FEMA reimbursements due to the cities.  There is no impact to the General Fund contribution with this Action.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Mark a check to the related Board of Supervisors Strategic Initiatives

 

√_Economic Development

√_Administration

__Health & Human Services

_Infrastructure

√_Public Safety

 

Prepared by:    Arthur Curtright, Management Analyst III, Ext #3708

Reviewed by:                     Keith Boyd, Undersheriff, Ext #3859

Approved by:  Tina Nieto, Sheriff/Coroner, Ext #3750

 

Attachments:

Board Report

LEMA Blank Memorandum of Agreement