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Home My WebLink AboutAGR-4457.L - COUNTY OF ORANGE - 2023 HOMELAND SECURITY GRANT PROGRAMAA- 57. AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2023 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this 12' day of PlAy 2026,which date is enumerated 5 for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of y D Oran 6 the State of California, hereinafter referred to as "COUNTY," and the CI'/ a nThnicipal 7 corporation, hereinafter referred to as "SUBRECIPIENT." 8 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to 9 as SHERIFF, in its capacity as the lead agency for the Orange County Operational Area, has applied io for, received, and accepted the 2023 Homeland Security Grant Program (hereinafter referred to as i i "the grant")from the California Office of Emergency Services ("Cal OES"). 12 WHEREAS, the purpose of the Homeland Security Grant Program (HSGP) is to enhance 13 county-wide emergency preparedness as outlined in the grant documents that are attached hereto 14 as Attachments A (FY 23 CA Supplement to the Federal Notice of Funding Opportunity), B (FY 23 15 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 23 Homeland 16 Security Grant Assurances), which are attached hereto and incorporated herein by reference. The 17 terms of the grant require that COUNTY use certain grant funds to purchase equipment, is technology, or services that will be transferred to SUBRECIPIENT to be used for grant purposes. 19 NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. The COUNTY shall transfer to SUBRECIPIENT the equipment,technology, or services 21 as specified in Attachment D (FY23 Equipment Release Document), which is attached hereto and 22 incorporated herein by reference. Suppose the grant requires COUNTY to transfer to 23 SUBRECIPIENT equipment,technology, or services that COUNTY has not yet acquired. In that case, 24 COUNTY shall transfer said equipment, technology, or services to SUBRECIPIENT as soon after 25 acquisition by COUNTY as is reasonably practicable. 26 2.If COUNTY transfers grant funds to SUBRECIPIENT, SUBRECIPIENT shall use said 27 grant funds only to acquire equipment, technology, or services outlined in Attachment B hereto 28 and/or to perform such other grant functions, if any, for which Attachments A, B, and C permit CFDA:97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 1 SUBRECIPIENT to expend grant funds. SUBRECIPIENT shall provide COUNTY with a budget 2 breakdown signed by the authorized agent.Throughout its useful life, SUBRECIPIENT shalt use any 3 equipment, technology, or services acquired with grant funds only for those purposes permitted 4 under the terms of the grant and shall make it available for mutual aid response. 5 3. The SUBRECIPIENT shall exercise due care to preserve and safeguard grant property 6 and equipment from damage or destruction and shall provide regular maintenance and repairs for 7 said equipment as is necessary, to keep the said equipment continually in good working order. 8 Such maintenance and servicing shall be the sole responsibility of the SUBRECIPIENT, who shall 9 pay for material and labor costs for any maintenance and repair of the said equipment throughout io the life of the said equipment. i i 4. SUBRECIPIENT shall assume all continuation costs of said equipment,technologies, 12 and/or services,to include, but not limited to, upgrades, licenses, and renewals of said equipment, 13 technologies, and/or services. 14 5. When original or replacement equipment acquired under HSGP becomes obsolete 1s for program activities, SUBRECIPIENT shall notify COUNTY of such a condition. SUBRECIPIENT 16 shall dispose of grant-funded equipment only in accordance with the instructions of the COUNTY 17 or the agency from which COUNTY received the grant funds. 18 6. SUBRECIPIENT agrees to indemnify, defend, and save harmless COUNTY and the 19 agency from which COUNTY received grant funds, and their elected and appointed officials, 20 officers, agents, and employees from any and all claims and losses accruing or resulting to any and 21 all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or 22 supplying work, services, materials, or supplies in connection with SUBRECIPIENT'S use of grant- 23 funded equipment, technology, or services and SUBRECIPIENT'S performance of this Agreement, 24 including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or 25 resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in 26 the performance of this Agreement, including Attachments A, B, C, and D hereto. 27 7.By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully 28 bound by all applicable provisions of Attachments A, B,C,and D hereto. SUBRECIPIENT shall notify CFDA:97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 1 COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable 2 provision of Attachments A, B, C, and D hereto. 3 SUBRECIPIENT and COUNTY shall be subject to examination and audit by the California 4 State Auditor with respect to this Agreement for a period of three years after the final payment 5 hereunder. 6 9. No alteration or variation of the terms of this Agreement shall be valid unless made 7 in writing and signed by duly authorized representatives of the parties hereto. No oral 8 understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9 10. SUBRECIPIENT may not assign this Agreement in whole or in part without the express io written consent of COUNTY. 11. For a period of three years after the final payment hereunder or until all claims related 12 to this Agreement are finally settled,whichever is later,SUBRECIPIENT shall preserve and maintain 13 all documents, papers, and records relevant to the work performed or property or equipment 14 acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the 15 same time period, SUBRECIPIENT shall make said documents, papers, and records available to 16 COUNTY and the agency from which COUNTY received grant funds or their duly authorized 17 representative(s), for examination, copying, or mechanical reproduction on or off the premises of 18 SUBRECIPIENT, upon request during usual working hours. 19 12. The SUBRECIPIENT shall provide to COUNTY all records and information requested 20 by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 21 required to provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 13. COUNTY may terminate this Agreement and be relieved of the payment of any 24 consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants 25 contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, 26 at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the 27 event of termination, COUNTY may proceed with the work in any manner deemed proper by 28 COUNTY. CFDA:97.067 Homeland Security Grant Program Department of Homeland Security Page 3 of 4 t 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in 2 the performance of this Agreement, including Attachments A, B, C, and D hereto.They shall not be 3 considered officers, agents, or employees of COUNTY or Sheriff or of the agency from which 4 COUNTY received grant funds. 5 15. By signing this Agreement, SUBRECIPIENT understands and agrees that: a) Failure to 6 follow grant guidance will result in ineligibility for any reimbursement under the FY2023 HSGP, and 7 b) Only these expenditures detailed explicitly in the Financial Management Forms Workbook are 8 approved for funding; any changes must be pre-approved by the California Office of Emergency 9 Services. to IN WITNESS WHEREOF,the parties have executed this Agreement in the County of Orange, it State of California. 12 13 Dated: 4. 2026 COUNTY OF ORANGE, a political 14 subdivision of the State of California 15 16 17 By: l u . ' //. 18 Sheriff- honer APPROVED AS TO FORM: COUNTY COUNSEL DxuS.gnad by FWD P141/44 By:d., Wendy J.Phillips,Senior Deputy Office of Orange County Counsel 10/15/2025 SUB •ANTEE: Dated: CITY 0NeRANGE,a municipal corporation 9 20 By: - 72 .1'r- 21 OW R.Slater,Mayor 22 23 ATTE;T:Dated: 17? /2; 24 By: TO FORM: 25 City Clerk vanObkDi26NathalieAdourlan,City Attorney 'I X 27 Dated:6/1 *0q(40 Dated: Si _G11 CFDA:97.067 Homeland Security Grant Program Department of Homeland Security Page 4 of 4