HomeMy WebLinkAbout- - Agreement to Transfer Funds JAG - 11/1/20112
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AGREEMENT TO TRANSFER FUNDS
FOR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
THIS AGREEMENT is entered into this day of 2011, which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to as "COUNTY", and
a municipal corporation, hereinafter referred to as
"SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to
as SHERIFF, in its capacity as the lead agency on behalf of sixteen units of local government, including
SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial
Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance (hereinafter referred to as "the grant').
WHEREAS, the purpose of the grant is to supplement the resources available to the multi
agency Orange County Pro -Active Methamphetamine Laboratory Investigative Team (PROACT), and
to various programs designated to prevent and control crime within the County of Orange that are
operated by individual agencies included in the above -referenced sixteen units of local government, as
set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and
incorporated herein by reference.
WHEREAS, the terms of the grant require that certain grant finds be transferred to
SUBGRANTEE to be used for the grant purposes, wluch may include local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for
law enforcement, as more particularly described in Attachment A hereto.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
CFDA 16.738
FY201 I JAG Program,
U.S. Department of Justice
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to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
required information and documentation, as set forth in Attachment B hereto ("How to Apply for JAG
Grant Reimbursements"), which is attached hereto and incorporated herein by reference. hr no event
will the total amount of the grant fiords transferred by COUNTY to SUBGRANTEE hereunder exceed
SUBGRANTEE's allocation, as set forth in Attachment C hereto ("JAG Program Allocation"), which is
attached hereto and incorporated herein by reference.
2. SUBGRANTEE shalt be reimbursed with said grant funds only for expenditures
necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter
called "grant property and equipment"] or to perform such other grant functions, if any, for which
Attachment A specifies that SUBGRANTEE may utilize grant funds.
3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment
only for grant purposes in accordance with Attaclunent A hereto.
4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in Attachment D ("Edward Byrne Memorial Justice
Assistance Grant Reporting Requirements"), which is attached hereto and incorporated herein by
I reference.
7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are
attached hereto as Attachment E and incorporated herein by reference.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attaclunents A, B, C, D and E hereto.
CFDA 16.738
FY2011 JAGProgram
U.S. Department of Justicc
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SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer
will abide by any applicable provision of this Agreement or Attaclunents A, B, C, D or E hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
hereunder.
10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,'
services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C, D and E hereto.
IL . No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
12. SUBGRANTEE may not assign this Agreement in whole or in part without the express
I written consent of COUNTY.
13. For a period of three years after final payment hereunder or until all claims related to
this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time
period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the
agency from which COUNTY received the grant funds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
request, during usual working hours.
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CFDA 16,738
FY2011 JAG Program
U.S. Department of Justice
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14. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
15. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time
and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
//
//
CFDA 16.738
FY2011 JAG Program
U.S. Department of Jusfice
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 426>'2011
APPROVED AS TO FORM:
COUNTY COUNSEL
Byl�%n�
Nicole Sims, Deputy
DATED: 1;1 _,2011
DATED: .2011
ATTEST:
City Clerk
24 11 DATED
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,g
CFDA 16 738
I Y?01 I JAG Program
1;5. Department of justice
2011
COUNTY OF ORANGE, a political
subdivision of the State of California
By a��Zz�l 4z)
—Sandra Hutchen 'heriff- oroner
Sheri ff-CoronDepartment
"COUNTY"
SUBGRANTEE
By
Name and Title
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