HomeMy WebLinkAboutANAHEIM, CITY OF 1 -2004
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AGREEMENT TO TRANSFER OR PURCHASE EQUIPMENT OR SERVICES
FOR FY04 URBAN AREAS SECURITY INITIATIVE (USAI)
THIS AGREEMENT is entered into this _I2th_ day of _May
2005, which
6 date is enumerated for purposes of reference only, by and between the CITY OF SANTA ANA, a
7 municipality of the State of California, hereinafter referred to as "CITY", and the CITY OF ANAHEIM,
8 hereinafter referred to as "SUBGRANTER"
9 WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as the Core
10 City for the Santa Ana Urban Area under the FY04 Urban Areas Security Initiative, has applied for,
11 received and accepted a grant entitled "FY04 Urban Areas Security Initiative" from the federal
12 Department of Homeland Security, Office of Domestic Preparedness, through the State of California,
13 Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as
14 "the grant," as set forth in the grant guidelines that are attached hereto as Attachment A and incorporated
15 herein by reference.
16 WHEREAS, the terms of the grant require that CITY 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:
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Depending upon the agreement, City may transfer to SUB GRANTEE, or
21 SUB GRANTEE shall purchase, the equipment or services as specified in Attachment B hereto, in
22 accordance with grant guidelines and in full compliance with all of the subgrantee's purchasing and
23 bidding procedures.
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Throughout its useful life, SUB GRANTEE shall use any equipment acquired with grant
25 funds only for grant purposes, and shall make it available for mutual aid response.
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SUB GRANTEE shall exercise due care to preserve and safeguard equipment acquired
27 with grant funds from damage or destruction and shall provide regular maintenance and such repairs for
28 said equipment as are necessary, in order to keep said equipment continually in good working order.
1 Such maintenance and servicing shall be the sole responsibility of sub grantee, who shall assume full
2 responsibility for maintenance and repair of the equipment throughout the life of said equipment.
3 4. If equipment acquired with grant funds becomes obsolete, SUBGRANTEE shall dispose
4 of it only in accordance with the instructions of CITY or the agency from which CITY received the
5 grant funds.
6 5. Upon receipt of an invoice for a purchase of any equipment or services as specified in
7 Attachment B, SUB GRANTEE shall submit the invoice to the CITY as soon as practical, but in no
8 event later than 30 days after receiving it.
9 6. SUBGRANTEE understands that the CITY shall have 60 days to reimburse
10 SUB GRANTEE upon receipt of the invoice, or longer if the Office of Homeland Security takes longer
11 to issue payment to the CITY.
12 7. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
13 by all applicable provisions of the Attachments hereto and shall be fully responsible for payment of
14 items purchased that do not adhere to grant guidelines.
15 8. SUB GRANTEE agrees to indemnify, defend and save harmless CITY and the agency
16 from which CITY received grant funds, and their officers, agents and employees from any and all claims
17 and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other
18 person, firm or corporation furnishing or supplying work services, materials or supplies in connection
19 with SUBGRANTEE's performance of this Agreement, including the Attachments hereto, and from any
20 and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or
21 damaged by SUB GRANTEE in the performance of this Agreement, including the Attachments hereto.
22 9. No alteration or variation of the terms of this Agreement shall be valid unless made in
23 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
24 agreement not incorporated herein shall be binding on any of the parties hereto.
25 10. SUBGRANTEE may not assign this Agreement in whole or in part without the express
26 written consent of CITY.
27 11. For a period of three years after final delivery hereunder or until all claims related to this
28 Agreement are finally settled, whichever is later, SUB GRANTEE shall preserve and maintain all
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1 documents, papers and records relevant to the equipment acquired in accordance with this Agreement,
2 including the Attachments hereto. For the same time period, SUB GRANTEE shall make said
3 documents, papers and records available to CITY and the agency from which CITY received
4 grant funds or their duly authorized representative(s), for examination, copying, or mechanical
5 reproduction on or offthe premises of SUB GRANTEE, upon request during usual working hours.
6 12. SUB GRANTEE shall provide to CITY all records and information requested by CITY
7 for inclusion in quarterly reports and such other reports or records as CITY may be required to provide
8 to the agency from which CITY received grant funds or other persons or agencies.
9 13. CITY may terminate this Agreement and be relieved of the delivery of any consideration
10 to SUB GRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this
11 Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY
12 loses funding under the grant.
13 14. SUB GRANTEE and its agents and employees shall act in an independent capacity in the
14 performance of this Agreement, including the Attachments hereto, and shall not be considered officers,
15 agents or employees of CITY or ofthe agency from which CITY received grant funds.
16 15. SUBGRANTEE and its officers, agents, employees shall abide by all applicable federal,
17 State and local laws, including all applicable statutes, regulations, executive orders and ordinances.
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I IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Santa Ana,
2 County of Orange, State of California.
3 ATTEST:
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CITY OF SANTA ANA, a municipal
Corporation of the StaJe of California
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David N. Ream
City Manager
6 Patricia E. Healy
Clerk of the Council
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RECOMMENDED FOR APPROVAL:
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By: .0 J; ,-,) \~ .~<-
Paul M. alters
Chief of Police
APPROVED AS TO FORM:
SUBGRANTEE
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John Welter
Chief of Police
Paula Coleman
Assistant City Attorney
By:
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ATTACHMENT B
FY04 Urban Areas Security Initiative and State Homeland Security Grant Program
Distribution of Grant Equipment or Funding
$0
$100,000
$0
$100,000
$250,000
$100,000
$400,000
$500,000
$250,000
$100,000
$600,000
$700,000
. ' . .
ATTACHMENT 8
FY04 Urban Areas Security Initiative and State Homeland Security Grant Program
Distribution of Grant E ui ment or Fundin