HomeMy WebLinkAbout*AGMT - Anaheim, City of - Police Department (UASI 2004 Training) { • 1.
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2 AGREEMENT TO REIMBURSE TRAINING COSTS
3 FOR FY04 URBAN AREAS SECURITY INITIATIVE (USAI)
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5 THIS AGREEMENT is entered into this 7 day of December 2004, which date is enumerated
6 for purposes of reference only, by and between the CITY OF ANAHEIM, a municipality of the State of
7 California, hereinafter referred to as "CITY ", and the city or governmental body of Seal Beach,
8 California, hereinafter referred to as "SUBGRANTEE."
9 WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as the Core
10 City for the Anaheim 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 train members
17 of SUBGRANTEE.
18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
19 1. City may transfer to SUBGRANTEE, reimbursement to train members of
20 SUBGRANTEE in accordance with grant guidelines as outlined in Attachment A.
21 2. SUBGRANTEE shall follow grant guidelines as outlined in Attachment A.
22 3. SUBGRANTEE acknowledges that Office of Domestic Preparedness (ODP) approved
23 classes are the only ones authorized for reimbursement.
24 4. SUBGRANTEE agrees to follow overtime and backfill requirements as outlined in
25 Attachment A.
26 5. The City of Seal Beach, POLICE Department has been allocated $7,994.00 for training
27 under the provisions of this agreement and guidelines outlined in attachment A.
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1 6. SUBGRANTEE agrees that expenditures beyond that budgeted in this agreement will be
2 solely the responsibility of SUBGRANTEE.
3 7. If additional grant funds become available, or if available funds are reduced, CITY will
4 notify SUBGRANTEE, in writing, of their revised budget. SUBGRANTEE is responsible to stay within
5 the guidelines of the revised budget.
6 8. Upon receipt of a Training Reimbursement Application (Attachment B) CITY, as soon as
7 practical and in no event more than thirty (30) days thereafter, shall submit the request to the Office of
8 Homeland Security for reimbursement.
9 9. Once the Application is submitted, SUBGRANTEE understands that the CITY shall have
10 60 days to reimburse SUBGRANTEE, or longer if the Office of Homeland Security takes longer to issue
11 payment to the CITY. City shall in no way be obligated to make any payment to SUBGRANTEE until
12 the funds for such payment have been received from OHS.
13 10. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
14 by all applicable provisions of the Attachments hereto and shall be fully responsible to follow all
15 applicable grant guidelines and procedures, which have previously been provided to SUBGRANTEE.
16 11. SUBGRANTEE agrees to indemnify, defend (at CITY'S request) and save harmless
17 CITY and the agency from which CITY received grant funds, and their respective officers, agents and
18 employees from any and all claims and losses accruing or resulting from or in connection with
19 SUBGRANTEE's performance of this Agreement, our its use of the funds provided hereunder,
20 including the Attachments hereto, and from any and all claims and losses accruing or resulting to any
21 person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of
22 this Agreement or the use of any funds provided hereunder, including the Attachments hereto.
23 12. No alteration or variation of the terms of this Agreement shall be valid unless made in
24 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
25 agreement not incorporated herein shall be binding on any of the parties hereto.
26 13. SUBGRANTEE may not assign this Agreement in whole or in part without the express
27 written consent of CITY.
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1 14. For a period of three years after final delivery hereunder or until all claims related to this
2 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
3 documents, papers and records relevant to the training costs, overtime, backfill, travel costs, per diem, in
4 accordance with this Agreement, including the Attachments hereto. For the same time period,
5 SUBGRANTEE shall make said documents, papers and records available to CITY and the agency from
6 which CITY received grant funds or their duly authorized representative(s), for examination, copying, or
7 mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working
8 hours. SUBGRANTEE shall promptly reimburse CITY for any disallowed use of funs provided under
9 this Agreement. The audit provisions above shall not affect in any way the right or ability of the granting
10 agency to conduct its own audits of SUBGRANTEE or CITY. Should such audit result in the
11 disallowance of any grants to CITY or SUBGRANTEE provided under this Agreement,
12 SUBGRANTEE shall promptly repay any funds it received which must be repaid to the granting agency
13 as a result of such audit.
14 15. SUBGRANTEE shall timely provide to CITY all records and information requested by
15 CITY for inclusion in quarterly reports and such other reports or records as CITY may be required to
16 provide to the agency from which CITY received grant funds or other persons or agencies.
17 16. CITY may terminate this Agreement and be relieved of the delivery of any consideration
18 to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this
19 Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY
20 loses funding under the grant.
21 17. SUBGRANTEE and its agents and employees are independent contractors hereunder,
22 and shall act in an independent capacity in the performance of this Agreement, including the
23 Attachments hereto, and shall not be considered officers, agents or employees of CITY or of the agency
24 from which CITY received grant funds.
25 18. SUBGRANTEE and its officers, agents, employees shall abide by all applicable federal,
26 State and local laws, including all applicable statutes, regulations, executive orders and ordinances.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Anaheim,
2 County of Orange, State of California.
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5 ATTEST:
6 CITY OF ANAHEIM, a municipal
Corporation of the State of California
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,f
ft David Morg.
City Manager
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11 RECOMMENDED FOR APPROVAL:
12
Ott
13 By:
John Welter
14 Chief of Police
15 APPRO D AS • O '
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17 I' / -
. • ewberry /�' j ' -)
18 / /Assistant City Attorney (f
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SUBGRANTEE:
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22 Signature:
.2Ot/•M • g� 8 . O $
Printed e: N for:
23 Title: c/ry rot 444
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