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HomeMy WebLinkAbout*AGMT - Anaheim, City of - Police Department (UASI 2005 MCV) • • ` 1 AGREEMENT FOR TRANSFER OR PURCHASE 2 OF EQUIPMENT /SERVICES (MOBILE COMMAND VEHICLE) 3 FOR FY05 URBAN AREAS SECURITY INITIATIVE (UASI) 4 5 THIS AGREEMENT is entered into this 7 day of (.)1")e_, , 2006, dated for 6 purposes of identification only, is made and entered into by and between the 7 CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM, 8 A 9 N D 10 CITY OF CYPRESS, a municipal corporation, 11 CITY OF LOS ALAMITOS, a municipal corporation, and CITY OF SEAL BEACH, a municipal corporation, 12 hereinafter referred to collectively as "SUBGRANTEES ". 13 WHEREAS, ANAHEIM, acting through the Anaheim Police Department in its capacity 14 as the Core City for the North Orange County Urban Area under the FY05 Urban Areas Security 15 Initiative, has applied for, received and accepted certain grants entitled "FY05 Urban Areas Security 16 Initiative" (UASI) from the United States Department of Homeland Security, Office of Domestic 17 Preparedness, through the State of California, Office of Homeland Security, to enhance countywide 18 emergency preparedness, hereinafter referred to as "the Grant," as set forth in the Grant Guidelines, a 19 copy of which are attached hereto as Attachment A and incorporated herein by reference; and 20 WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to 21 purchase equipment, technology or services that will be transferred to SUBGRANTEES to be used for 22 grant purposes in a manner consistent with the Grant; and 23 WHEREAS, SUBGRANTEES desire to acquire a mobile command vehicle as authorized 24 by the Grant. 25 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 26 1. As more specifically set forth herein, ANAHEIM shall purchase and transfer to 27 SUBGRANTEES a mobile command vehicle ( "MCV ") as specified in Attachment B attached hereto 28 and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant 1 • 1 Assurances, a copy of which are attached hereto as Attachment "C" and incorporated herein by 2 reference. When purchasing the MCV, ANAHEIM shall comply with all of ANAHEIM's purchasing 3 and bidding procedures and applicable state law. 4 2. Within ten (10) days of receiving the MCV, SUBGRANTEES shall transfer title, 5 ownership and financial responsibility of the MCV from ANAHEIM to SUBGRANTEES pursuant to 6 the applicable Department of Motor Vehicles Procedures. 7 3. Throughout its useful life, SUBGRANTEES shall use the MCV acquired with Grant 8 funds only for those purposes permitted under the terms of the Grant, and shall make the MCV available 9 for mutual aid response to other governmental entities to the maximum extent practicable. 10 4. SUBGRANTEES shall exercise due care to preserve and safeguard the MCV in their 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 SUBGRANTEES, which shall assume full joint and 15 several responsibility for maintenance and repair of the equipment throughout the life of said equipment. 16 5. If the MCV acquired with Grant funds becomes obsolete or unusable, SUBGRANTEES 17 shall notify ANAHEIM of such condition. SUBGRANTEES shall transfer or dispose of the Grant - 18 funded MCV only in accordance with the instructions of ANAHEIM or the agency from which 19 ANAHEIM received the grant funds. 20 6. SUBGRANTEES agree to comply with and be fully bound by all applicable provisions 21 of the Grant and Attachments A through C to this Agreement. 22 7. In the event of an audit of the purchase of the MCV undertaken with Grant funds by any 23 authorized agency, SUBGRANTEES agrees to cooperate fully with such audit. If such audit disallows 24 payment to ANAHEIM in whole or part for the MCV procured for SUBGRANTEES and requires 25 ANAHEIM to reimburse the Grantor, SUBGRANTEES shall, within thirty (30) days of notification by 26 ANAHEIM of such audit determination, pay to ANAHEIM any amount for which reimbursement to 27 ANAHEIM was disallowed. 28 8. Each SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the agency from which ANAHEIM received grant funds, and their officers, agents and employees 2 • 1 (collectively, "Indemnitees ") from any and all claims and losses accruing or resulting to any and all 2 contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying 3 work services, materials or supplies in connection with that SUBGRANTEE's performance of this 4 Agreement, including the terms of the Grant, and from any and all claims and losses accruing or 5 resulting to any person, firm, or corporation who may be injured or damaged by that SUBGRANTEE in 6 the performance of this Agreement. Notwithstanding the foregoing, a SUBGRANTEE is not required to 7 indemnify, defend, or save harmless Indemnitees for the acts or omissions of another SUBGRANTEE. 8 9. No alteration or variation of the terms of this Agreement shall be valid unless made in 9 writing and signed by duly authorized representatives of ANAHEIM and SUBGRANTEES, and no oral 10 understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11 10. SUBGRANTEES may not assign this Agreement in whole or in part without the express 12 written consent of ANAHEIM. 13 11. For a period of three years after final delivery hereunder or until all claims related to this 14 Agreement are finally settled, whichever is later, SUBGRANTEES shall preserve and maintain all 15 documents, papers and records relevant to the MCV acquired in accordance with this Agreement. For 16 the same period of time, SUBGRANTEES shall make said documents, papers and records available to 17 ANAHEIM and the agency from which ANAHEIM received Grant funds or their duly authorized 18 representative(s), for examination, copying, or mechanical reproduction on or off the premises of 19 SUBGRANTEES, upon request during usual working hours. 20 12. SUBGRANTEES shall provide to ANAHEIM all records and information requested by 21 ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM may be 22 required to provide to the agency from which ANAHEIM received Grant funds or other persons or 23 agencies. 24 13. ANAHEIM may terminate this Agreement and be relieved of the delivery of any 25 consideration to SUBGRANTEES if a) SUBGRANTEES fails to perform any of the covenants 26 contained in this Agreement, at the time and in the matter herein provided, or b) ANAHEIM loses 27 funding under the Grant. 28 1/ 3 • 1 14. SUBGRANTEES and its agents and employees and independent contractors shall act in 2 an independent capacity in the performance of this Agreement, and shall not be considered officers, 3 agents or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds. 4 15. In the performance of this Agreement, SUBGRANTEES and its officers, agents, 5 employees shall comply with by all applicable federal, state and local laws, including all applicable 6 statutes, regulations, executive orders and ordinances. 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // • 22 // 23 // 24 // 25 // 26 // 27 // 28 /1 4 • 1 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of 2 Anaheim, County of Orange, State of California. 3 DATE OF E ,, ECUTI N: CITY OF ANAHEIM, 4 7 ©‘, a munici I w ration, By J - 5 AP 'ROVED AS TO ES '• Chief of Police 6 /24 , �, / /, � 7 Cristina L. Talley _ "ANAHEIM" Sr. Assistant City Attorney 8 9 Date: i q)-7(C6 10 11 DATE OF EXECUTION: CITY OF CYPRESS, a municipal corporation 12 71/t. Le/ O� By .t 13 14 APPROVED AS TO FORM: Printed Name it A- at et 15 �� Title Q / (/ �' ress Cit ttome Yp ���Y 16 17 DATE OF EXECUTION: CITY OF LOS ALAMITOS, a municipal 18 ce 7 ] 0 corporation 19 BY 20 �' PR i VE D' . S TO FO' ! Printed Name �c-k `� \ '�� c 0 21 = Title C---k4\ G r r ?•W. 5 22 Los _'+ itos Attorney 23 DATE OF EXECUTION: CITY OF SE B CH, a unicipal corporation 24 25 Cell i°Ce By 26 APPROVED AS TO FORM: Printed Name i< R-ic e, 27 Title C6If r C� eal Beach City Attorney 28 "SUBGRANTEES" 5