11-0628_ORANGE, COUNTY OF_Agreement1
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AGREEMENT TO TRANSFER PROPERTY OR FUNDS
FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES
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THIS AGREEMENT is entered into this 2� day of 2011, which
date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter referred to as "COUNTY", and
a (municipal corporation/special district/not-for-profit
corporation), hereinafter referred to as "SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff -Coroner Department in its capacity as the
lead agency for the Orange County Operational Area, has applied for, received and accepted a grant
from the State of California, acting through its California Emergency Management Agency, to enhance
county -wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant
documents that are attached hereto as Attachments A (FY 10 CA Supplement to Federal Program
Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) and
incorporated herein by reference.
WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase
equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
purposes.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
L COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as
specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires
COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet
acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon
after acquisition by COUNTY as is reasonably practicable.
2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said
grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or
to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE
CFDA: 97.067
Homeland Security Grant Program
Depaoment of Homeland Security Page I of
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to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the
authorized agent.
3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or
services acquired with grant funds only for those purposes permitted under the terms of the grant, and I
shall make it available for mutual aid response.
4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
with grant funds from damage or destruction and shall provide regular maintenance and repairs for said
equipment as are necessary, in order to keep said equipment in continually good working order. Such
maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for
material and labor costs for any maintenance and repair of the said equipment throughout the life of the
said equipment.
5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies
and/or services to include but not limited to upgrades, licenses and renewals of said equipment,
technologies and/or services.
6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant -funded
equipment only in accordance with the instructions of COUNTY.
7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their
elected and appointed officials, officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials or supplies in connection with
SUBGRANTEE's use of grant -funded equipment, technology or services and SUBGRANTEE's
performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims
and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by
SUBGRANTEE in SUBGRANTEE's use of grant -funded equipment, technology or services and
SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
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
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immediately upon discovery that it has not abided or no longer will abide by any applicable provision of
I Attachments A, B and C hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
I Auditor General with respect to this Agreement for a period of three years after final payment I
I I hereunder.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in
I writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or I
agreement not incorporated herein shall be binding on any of the parties hereto.
11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
12. For a period of three years after final payment hereunder or until all claims related to this
I Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B and C hereto. For the same time period,
SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency
from which COUNTY received grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during
usual working hours.
13. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports -and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
14. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein
provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may
proceed with the work in any manner deemed proper by COUNTY.
CFDA: 97.067
Homeland Security Grant Program
Department of Homeland Security Page 3 of 4
15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered
officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds.
IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
I State of California.
I DATED:
I APPROVED AS TO FORM:
I COUNTY COUNSEL
By licfls ad,
Nicole A. Sims, Deputy
DATED: A2 - ,2010
2011
ATTEST:
N�aLQBy cie t
aria MorliskZity Clerk
DATED: (AWp, '2011
CFDA: 97.067
Homeland Security Gmnt Program
Department of Homeland Security
COUNTY OF ORANGE, a political
subdivision o th St tep Cal' or is
By o�t✓
Sheriff-Cfe oner
"COUNTY"
SUBGRANTEE
City of San Juan Capistrano
By: 7-- cj)"�
David F. Adams, Interim City Manager
B'
maz at doval, City Attorney
DATED: �) — 2- ( ,2011
Page 4 of 4
Christy Jakl
From: Michael Cantor
Sent: Friday, August 26, 20118:24 AM
To: Christy Jakl
Subject: RE: 2010 Homeland Security Grant Program Agreement
Please use the date that you signed the agreement. Thank you.
From: Christy Jakl
Sent: Thursday, August 25, 2011 11:34 AM
To: Michael Cantor
Subject: 2010 Homeland Security Grant Program Agreement
Hi Michael,
We received back a signed copy of the 2010 Homeland Security Grant Program. The County did not
fill in the date the agreement was entered into. Do you know the date that want for the
agreement??
Thank you!
Christi J akl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Christy Jakl
From: Christy Jakl
Sent: Thursday, August 25, 2011 11:34 AM
To: Michael Cantor
Subject: 2010 Homeland Security Grant Program Agreement
Attachments: 2010 Homeland Security Grant Program.pdf
Hi Michael,
We received back a signed copy of the 2010 Homeland Security Grant Program. The County did not
fill in the date the agreement was entered into. Do you know the date that want for the
agreement??
Thank you!
Christi Jakl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949)493-1053 fax