HomeMy WebLinkAboutANAHEIM, CITY OF (3) -2009~ 5 ~
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A-2009-021
AGREEMENT FOR TRANSFER OR PURCHASE
OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS
FOR FY08 URBAN AREAS SECURITY INITIATNE (UASI)
THIS AGREEMENT is entered into this December 4, 2008 ,dated for purposes of ~
~' identification only, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,
A
N
D
Cit of Santa Ana ,
hereinafter referred to as "SUBGRANTEE".
WHEREAS, ANAHEIM, acting through the Anaheim Police Department in its capacity
as the Core City for the North Orange County Urban Area under the FY08 Urban Areas Security
~ ~ Initiative, has applied for, received and accepted certain grants entitled "FY08 Urban Areas Security
Initiative" (UASI) from the Federal Emergency Management Agency Grant Programs Directorate
(formerly named the Department of Homeland Security, Office of Grants and Training), through the
State of California, Office of Homeland Security, to enhance countywide emergency preparedness,
hereinafter referred to as "the Grant," as set forth in the Grant Guidelines, copies of which are attached
hereto as Attachments A, B and C and incorporated herein by reference; and
WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to i)
i purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for
grant purposes, and/or ii) train members of SUBGRANTEE in a manner consistent with the Grant.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
i I. PURCHASE OF EQUIPMENT OR SERVICES
1. As more specifically set forth herein, ANAHEIM may transfer to SUBGRANTEE, or
SUBGRANTEE shall purchase, the equipment or services as specified in Attachment D attached hereto
I, and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant
Assurances, a copy of which are attached hereto as Attachment E and incorporated herein by reference.
,. ~
1 When purchasing Grant equipment, SUBGRANTEE shall comply with all of SUBGRANTEE's
2 purchasing and bidding procedures and applicable state law.
3 2. Prior to making any purchase of equipment or services, SUBGRANTEE shall obtain
4 written approval from ANAHEIM in a form to be mutually agreed upon by ANAHEIM and
5 SUBGRANTEE.
6 3. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with Grant
7 funds only for those purposes permitted under the terms of the Grant, and shall make any equipment
8 purchased or transferred to SUBGRANTEE under the Grant available for mutual aid response to other
9 governmental entities in emergency situations to the maximum extent practicable.
10 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its
11 possession or control acquired with Grant funds from damage or destruction and shall provide regular
12 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or
13 owner's manual, in order to keep said equipment continually in good working order. Such maintenance
14 and servicing shall be the sole responsibility of SUBGRANTEE, which shall assume full responsibility
15 ~ ~ for maintenance and repair of the equipment throughout the life of said equipment.
16 5. If equipment acquired with Grant funds becomes obsolete or unusable, SUBGRANTEE
17 shall notify ANAHEIM of such condition. SUBGRANTEE shall transfer or dispose of Grant-funded
18 equipment only in accordance with the instructions of ANAHEIM or the agency from which ANAHEIM
19 received the grant funds.
20 II. REIMBURSEMENT OF TRAINING COSTS
21 1. SUBGRANTEE shall be allocated a specified amount of funds to be used for training
22 purposes pursuant to the Grant Guidelines and terms of this Agreement. SUBGRANTEE may seek
23 reimbursement from ANAHEIM in accordance with the terms and conditions of this Agreement. Any
24 training expenditure that exceeds the amount allocated to SUBGRANTEE shall be the sole
25 responsibility of SUBGRANTEE.
26 2. If additional Grant funds become available for training purposes or if training funds are
27 reduced, ANAHEIM shall notify SUBGRANTEE, in writing, of the revised training budget.
28 SUBGRANTEE shall be responsible for limiting training for which it seeks reimbursement so as not to
exceed its revised allotment.
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3. Prior to incurring any expense for training for which reimbursement will be sought
pursuant to this Agreement, SUBGRANTEE shall obtain written approval from ANAHEIM.
SUBGRANTEE shall complete the State of California, "Request for Training Form," and submit a copy
of the same, with the tracking and feedback number, to ANAHEIM. The, "Request for Training Form" ~i
is found at http://www.anaheim.net/police/uasi.asp.
4. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ("ODP")
approved classes qualify for reimbursement.
5. SUBGRANTEE agrees to comply with Attachments A, B, C and E in seeking
reimbursement for training, including, but not limited to the overtime and backfill requirements as
outlined in Attachments A, B and C.
III. GENERAL PROVISIONS
1. SUBGRANTEE shall submit an invoice for equipment or services, or in the case of
training, a training reimbursement application in the form attached hereto as Attachment F and
incorporated herein by reference, to ANAHEIM as soon as practical, but in no event later than thirty
(30) days after receipt of the invoice or completion of the training.
2. ANAHEIM shall have ninety (90) days from receipt of an invoice or training
reimbursement application to reimburse SUBGRANTEE.
3. SUBGRANTEE agrees to comply with and be fully bound by all applicable
~ provisions of the Grant and Attachments A through E to this Agreement, and shall be fully responsible
for payment of items purchased or for any training costs that do not adhere thereto.
4. In the event of an audit of purchases made or training undertaken with Grant funds by
any authorized agency, SUBGRANTEE agrees to cooperate fully with such audit. If such audit
disallows payment to ANAHEIM in whole or part for any item procured for or by SUBGRANTEE or
for any training costs incurred by SUBGRANTEE and requires ANAHEIM to reimburse the Grantor,
SUBGRANTEE shall, within thirty (30) days of notification by ANAHEIM of such audit determination,
pay to ANAHEIM any amount for which reimbursement to ANAHEIM was disallowed.
5. SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the
agency from which ANAHEIM received grant funds, and their officers, agents and employees from any
and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and
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1 any other person, firm or corporation furnishing or supplying work services, materials or supplies in
2 connection with SUBGRANTEE's performance of this Agreement, including the terms of the Grant,
3 and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may
4 be injured or damaged by SUBGRANTEE in the performance of this Agreement.
$ 6. 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 both parties hereto, and no oral understanding
7 or agreement not incorporated herein shall be binding on any of the parties hereto.
g 7. SUBGRANTEE may not assign this Agreement in whole or in part without the express
9 written consent of ANAHEIM.
10 8. For a period of three years after final delivery 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 equipment acquired or training undertaken in accordance
13 with this Agreement. With respect to training, such documents, papers and records shall include those
14 relevant to the training costs, overtime, backfill, travel costs and per diem expenses. For the same
15 period of time, SUBGRANTEE shall make said documents, papers and records available to ANAHEIM
16 and the agency from which ANAHEIM received Grant funds or their duly authorized representative(s),
17 for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
18 request during usual working hours.
19 9. SUBGRANTEE shall provide to ANAHEIM all records and information requested by
20 ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM maybe
21 required to provide to the agency from which ANAHEIM received Grant funds or other persons or
22 agencies.
23 10. ANAHEIM may terminate this Agreement and be relieved of the delivery of any
24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
25 in this Agreement, at the time and in the matter herein provided, or b) ANAHEIM loses funding under
26 I I the Grant.
2~ 11. SUBGRANTEE and its agents and employees and independent contractors shall act in an
28 independent capacity in the performance of this Agreement, and shall not be considered officers, agents
or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds.
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12. In the performance of this Agreement, SUBGRANTEE and its officers, agents,
employees shall comply with by all applicable federal, state and local laws, including all applicable
statutes, regulations, executive orders and ordinances.
IN WITNESS WHEREOF, the parties have executed this Agreement in the City of
Anaheim, County of Orange, State of California.
DATE OF EXECUTION: CITY OF ANAHEIM,
a municipa orporat~ion,
r`
/- ~
Chie of Police
f
~ DATE OF EXECUTION:
~ APPROVED AS TO FORM:
APPROVED AS TO FORM:
~ . , ~ ~~-
~, ~ ~t1 ~ ~ ~~~: ,: ~ C.. f`
Cristina L. Talley
5r. Assistant City Attorney ~~ ~
Date:
"ANAHEIM
By
Printed Name
Title
"SUBGRANTEE"
CITY OF SANTA ANA
.~
DAVID N. REAM
Citv Manager
Date: U"W""U" ` ~ 1 ~~~
ATTEST:
~~
~V PATRICIA E. HEALY
Clerk of the Council
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APPRC)VEh <'iS TO FnR~~,
,_~~.~~,~ ~iF~~ 5iscc~~-
Aa~IJLA~ll ~.ity ~~u~~rne~.
REQUEST FOR APPROPRIATION ADJUSTMENT
Appropriation Adjustment No: O q^ 069
Date: 3/2/2009
Department: Public Works Agency
TYPE OF ADJUSTMENT
Transfer of Funds (No Council Action Required)
Transfer of Funds (Council Action Required)
From: Parks Capital Projects
Fund -Activity -Account Amount
161-01-5382 $ 170,000.00
County of Orange-Cabrillo Tennis Court
~s~ F
Council Action Date ~ ~- ~ U
Approve Yes No
Clerk of the Council
To: Parks Capital Projects
Fund -Activity -Account _ Amount
161-27M6631 $ 170,000.00
Imp Other Than Bldg
JUSTIFICATION FOR REQUEST:
~.
To receive funds fromlhs..~ouut~ of Orange per a cooperative agreement to fund construction _ .-^~- ~ _.----~ -
of aTennis Court at Cabrillo Park.
Department Head
Accounting
APPROVED AST FUNDS ACCOUNTS: APPROVED•
z za D ~ ~ U`~` ~~~
Assistant Director of F' ce Date City Manager Date
PREPARATION:
Submit original with department head signature to Finance/Accounting M-17, and a control number will be assigned.
Upon, approval from the Finance Director and the City Manager, a photocopy of the signed original will be forwarded to
the department. For appropriation adjustments requiring Council action, the Clerk of the Council will provide photocopies
for the department and the Clerk's file.
File:J/Spreadsheets/lA Ol.xls