HomeMy WebLinkAbout*AGMT - Anaheim, City of - Police Department (UASI 2004 Equipment) • •
1
2 AGREEMENT TO TRANSFER OR PURCHASE EQUIPMENT OR SERVICES
3 FOR FY04 URBAN AREAS SECURITY INITIATIVE (UASI)
4 THIS AGREEMENT is entered into this 26 day of April, 2005, which date is enumerated for
5 purposes of reference only, by and between the
6 CITY OF ANAHEIM, a chartered municipality of the State of California,
hereinafter referred to as "CITY ",
7 A
N
8 D
CITY OF SEAL BEACH , hereinafter referred to as
9 "SUBGRANTEE ".
10 WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as the Core
11 City for the North Orange County Urban Area under the FY04 Urban Areas Security Initiative, has
12 applied for, received and accepted certain grants entitled "FY04 Urban Areas Security Initiative"
13 (UASI) from the federal Department of Homeland Security, Office of Domestic Preparedness, through
14 the State of California, Office of Homeland Security, to enhance countywide emergency preparedness,
15 hereinafter referred to as "the grant," as set forth in the grant guidelines that are attached hereto as
16 Attachment A and incorporated herein by reference; and
17 WHEREAS, the terms of the grant require that CITY use certain grant funds to purchase
18 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant
19 purposes and in a manner consistent with the requirements and constraints of said Grant.
20 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
21 1. As more specifically set forth herein, CITY may transfer to SUBGRANTEE, or
22 SUBGRANTEE shall purchase, the equipment or services as specified in Attachment B hereto, in
23 accordance with grant guidelines. Purchases of grant equipment shall be performed in full compliance
24 with all of the SUBGRANTEE'S purchasing and bidding procedures and in conformity with applicable '
25 state law.
26 2. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with grant
27 funds only for those purposes permitted under the terms of the grant, and shall make any equipment
28
• •
1 purchased or transferred to SUB GRANTEE under a grant available for mutual aid response to other
2 governmental entities in emergency situations to the maximum extent practicable.
3 3. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its
4 possession or control acquired with grant funds from damage or destruction and shall provide regular
5 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or
6 owner's manual, in order to keep said equipment continually in good working order. Such maintenance
7 and servicing shall be the sole responsibility of SUBGRANTEE, who shall assume full responsibility for
8 maintenance and repair of the equipment throughout the life of said equipment.
9 4. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE
10 shall notify CITY of such condition. SUBGANTEE shall transfer or dispose of grant- funded equipment
11 only in accordance with the instructions of CITY or the agency from which CITY received the grant
12 funds.
13 5. Upon receipt of an invoice for a purchase of any equipment or services as specified in
14 Attachment B, SUBGRANTEE shall submit the invoice to the CITY as soon as practical, but in no
15 event later than 30 days after receiving it.
16 6. SUBGRANTEE understands that the CITY shall have 60 days to reimburse
17 SUBGRANTEE upon receipt of the invoice, or longer if the Office of Homeland Security takes longer
18 to issue payment to the CITY.
19 7. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
20 by all applicable provisions of the Grant and the Attachments hereto and shall be fully responsible for
21 payment of items purchased that do not adhere to grant guidelines.
22 8. In the event of an audit of purchases made with Grant funds by any authorized agency,
23 SUBGRANTEE agrees to cooperate fully with such audit. In the event that the audit disallows payment
24 to CITY in whole or part for any item procured for or by SUBGRANTEE and requires CITY to
25 reimburse the Grantor, SUBGRANTEE shall, within thirty days of notification by CITY of such audit
26 determination, pay to CITY any amount for which reimbursement to CITY was disallowed.
27 9. SUBGRANTEE agrees to indemnify, defend and save harmless CITY and the agency
28 from which CITY received grant funds, and their officers, agents and employees from any and all claims
2
• •
1 and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other
2 person, firm or corporation furnishing or supplying work services, materials or supplies in connection
3 with SUBGRANTEE's performance of this Agreement, including the terms of the Grant and the
4 Attachments hereto, and from any and all claims and losses accruing or resulting to any person, firm, or
5 corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement,
6 including the Attachments hereto.
7 10. No alteration or variation of the terms of this Agreement shall be valid unless made in
8 writing and signed by duly authorized representatives of both the parties hereto, and no oral
9 understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
10 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express
11 written consent of CITY.
12 12. For a period of three years after final delivery hereunder or until all claims related to this
13 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
14 documents, papers and records relevant to the equipment acquired in accordance with this Agreement,
15 including the Attachments hereto. For the same time period, SUBGRANTEE shall make said
16 documents, papers and records available to CITY and the agency from which CITY received
17 grant funds or their duly authorized representative(s), for examination, copying, or mechanical
18 reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours.
19 13. SUBGRANTEE shall provide to CITY all records and information requested by CITY
20 for inclusion in quarterly reports and such other reports or records as CITY may be required to provide
21 to the agency from which CITY received grant funds or other persons or agencies.
22 14. CITY may terminate this Agreement and be relieved of the delivery of any consideration
23 to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this
24 Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY
25 loses funding under the grant.
26 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
27 performance of this Agreement, including the Attachments hereto, and shall not be considered officers,
28 agents or employees of CITY or of the agency from which CITY received grant funds.
3
•
1 16. SUBGRANTEE and its officers, agents, employees shall abide by all applicable federal,
2 State and local laws, including all applicable statutes, regulations, executive orders and ordinances.
3 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Anaheim,
4 County of Orange, State of California.
5 DATE OF EXECUTION: CITY OF ANAHEIM, a chartered
Corporation of the State of California
6
7 r
8 ief of Police
9 "CITY"
10
11 DATE OF EXECUTION:
SUBG dye
12
13 Approved as to Form: Authorize %Sign: ture
14 &s an t7 e p—
15
Title /
16 "SUBGRANTEE"
17 APPRO ■ AS • 'ORM:
18
19 Fence S. N. � e r ry
20 ► /Sr. Assistant City Attorney
21 Date:
22 j � ✓61/
23
55407.1
24
25
26
27
28
4