19-0129_ORANGE, COUNTY OF_Agr to Transfer Property or Funds 1 AGREEMENT TO TRANSFER PROPERTY OR FUNDS
2 FOR.2016 HOMELAND SECURITY GRANT PROGRAM PURPOSES
3
4 • THIS AGREEMENT is entered into this 29th day of January. 2019, which date
5 is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
6 subdivision of the State of California, hereinafter referred to as "COUNTY", and City'of San Juan
7 Capistrano_, a (municipal corporation/special district/not-for-profit corporation), hereinafter referred to
8 as "SUBGRANTEE."
9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the lead
10 agency for the Orange County Operational Area, has applied for, received and accepted a grant from the •
11 State of California, acting through its California Office of Emergency Services, to enhance county-wide
12 emergency preparedness,hereinafter referred to as"the grant", as set forth in the grant documents that are
13 attached hereto as Attachments A(FY 16 CA Supplement to the Federal Notice of Funding Opportunity),
14 B (FY 16 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 16 Homeland
15 Security Grant Assurances) and 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 D 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 after
24 acquisition by COUNTY as is reasonably practicable.
25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant
26 funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to
27 perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE to
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CFDA: 97.067 •
Homeland Security Grant Program
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1 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 with
7 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 and/or
13 services to include but not limited to upgrades, licenses and renewals of said equipment, technologies
14 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 accruing
20 or resulting to any and all contractors, subcontractors,_laborers, and any other person, firm or corporation
21 furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of
22 grant-funded equipment, technology or services and SUBGRANTEE's performance of this Agreement,
23 including Attachments A,B and C hereto, and from any and all claims and losses accruing or resulting to
24 any person, firm,or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's
25 use of grant-funded equipment, technology or services and SUBGRANTEE's performance of this
26 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
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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 hereunder.
5 10. No alteration or variation of the terms of this Agreement shall be valid unless made in
6 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
7 agreement not incorporated herein shall be binding on any of the parties hereto.
8 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
9 written consent of COUNTY.
10 12. For a period of three years after final payment hereunder or until all claims related to this
11 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
12 documents, papers and records relevant to the work performed or property or equipment acquired in
13 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
14 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
15 from which COUNTY received grant funds or their duly authorized representative(s), for examination,
16 copying, or mechanical reproduction on or off the premises of SUBGRANTEE,upon request during usual
17 working hours.
18 13. SUBGRANTEE shall provide to COUNTY all -records and information requested by
19 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
20 required to provide to the agency from which COUNTY received grant funds or other persons or agencies.
21 14. COUNTY may terminate this Agreement and be relieved of the payment of any
22 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in
23 this Agreement,including Attachments A, B and C hereto, at the time and in the manner herein provided,
24 or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with
25 the work in any manner deemed proper by COUNTY.
26 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
27 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
28 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of 4
1 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
2 State of California.
3
DATED: , 2019 COUNTY OF ORANGE, a political
4 subdivi ion of the Sta o California
5 By
6 Sheriff-Coron
"COUNTY"
7
APPROVED AS TO FORM:
8
9 COUNTY COUNSEL
10
By (//),VA 4 I . 'i
11 Saul WOK eputy Coun Cou 31
12
13 DATED: 6// , 2019
14
DATED: SUBGRANTEE
15
16 !,
By 61(1:5°517
Be Jamin Siegel, City Manager
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19 DATED: January 29, 2019
ATTEST:
20
21 L.:,
op
ByLA22 Mo44' , City Clerk
23 DATED: 'kkafi , 2019
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CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 4 of 4