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12-0124_ORANGE, COUNTY OF_Agreement OFFICIAL RECORD CLERK OF THE BOARD ORANGE COUNTY 1 AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2011 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this ' day of 14 n ria W 201.7; which 5 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a 6 political subdivision of the State of California, hereinafter referred to as "COUNTY", and City of San 7 Juan Capistrano, a(municipal corporation/special district/not-forprofit corporation), hereinafter referred 8 to as "SUBGRANTEE." 9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the 10 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant 11 from the State of California, acting through its California Emergency Management Agency, to enhance 12 county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant 13 documents that are attached hereto as Attachments A (FY 11 CA Supplement to Federal Program 14 Guidelines), B (2011 Homeland Security Grant Programs) and C (FY 11 Grant Assurances) and 15 incorporated herein by reference. 16 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 17 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 18 purposes. 19 NOW, THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 21 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires 22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 23 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 24 after acquisition by COUNTY as is reasonably practicable. 25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 26 grant funds only to acquire equipment,technology or services as set forth in Attachment B hereto and/or 27 to perform such other grant functions,if any, for which Attachments A, B and C permit SUBGRANTEE 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 1 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 shall make it available for mutual aid response. 6 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 7 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 11 said equipment. 12 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies 13 and/or services to include but not limited to upgrades, licenses and renewals of said equipment, 14 technologies and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 17 equipment only in accordance with the instructions of COUNTY... 18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 21 corporation furnishing or supplying work services, materials or supplies in connection with 22 SUBGRANTEE's use of grant-funded equipment, technology or services and SUBGRANTEE's 23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims 24 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by 25 SUBGRANTEE in SUBGRANTEE's use of grant-funded equipment, technology or services and 26 SUBGRANTEE's performance of this Agreement, including Attachments A,B and C hereto. 27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 1 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A, B and C hereto. 3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after final payment 5 hereunder. 6 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 8 agreement not incorporated herein shall be binding on any of the parties hereto. 9 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express 10 written consent of COUNTY. 11 12. For a period of three years after final payment hereunder or until all claims related to this 12 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 13 documents, papers and records relevant to the work performed or property or equipment acquired in 14 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 16 from which COUNTY received grant funds or their duly authorized representative(s), for examination, 17 copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during 18 usual working hours. 19 13. SUBGRANTEE shall provide to COUNTY all records and information requested by 20 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 21 required to provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 14. COUNTY may terminate this Agreement and be relieved of the payment of any 24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 25 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein 26 provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may 27 proceed with the work in any manner deemed proper by COUNTY. 28 CFDA: 97.067 - Homeland Security Grant Program Department of Homeland Security Page 3 of 4 1 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 5 State of California. 6 7 DATED: e , 201 COUNTY Or ORANGE, a political subdivision,/: - - •f Cal�'a rnia $ By /►' 4 - 9 Sheriff- •rover 10 "CO TY" 11 APPROVED AS TO FORM: 12 COUNTY COUNSEL 13 Kfr,d( 14 By Nicole A. Sims, Deputy 15 16 DATED: //3 , 201 - 17 18 DATED: SUBGRANTEE 19C)061,Am6al 20 By: 21 Cindy Russell hief Financial Officer/Treasurer 22 ATTEST: AS TO FORM: 23 24 ���-- By )( vt By 25 " Maria Mets, .'ty Clerk Hans Van lgten, City Attorney 26 DATED: , 2013 DATED: �f' / l 3 , 2013 27 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 4 of 4