BENEFICIARY AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF ORANGE FOR
AMERICAN RESCUE PLAN ACT FUNDING
This Grant Agreement (the “Agreement”) is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County ” and the City of Orange, a California municipal corporation, hereafter referred to as “ City,” with the County and City referred to as “Par ty,” or collectively as “Parties.”
WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named “COVID-19”) in Orange County (the “COVID-19 Emergency”); and
WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County’s Health Officer; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California because of the threat of COVID- 19; and
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the COVID-19 Outbreak; and
WHEREAS, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States on March 11, 2021; and WHEREAS, under the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as part of (ARPA), more than $350 billion in emergency funding was distributed to state, local, territorial, and Tribal governments with the County receiving a total of $616.8 million in two equal allocations of SLFRF funds; and WHEREAS, ARPA provides that SLFRF funds may be used to replace lost public sector revenue to pay for government service expenses that are incurred during the period that begins on March 3, 2021, and ends on December 31, 2024; and
WHEREAS, on January 6, 2022, the United States Department of Treasury released its Final Rule for the SLFRF program, which among other things, authorizes State and local government recipients to use SLFRF funds to replace lost public sector revenue and use such funding to provide government services up to the amount of revenue loss due to the pandemic; and
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4
WHEREAS, on March 28, 2023, the Orange County Board of Supervisors authorized $200,000 in Third District SLFRF funds and $25,000 in Second District SLFRF funds to be used to protect the City’s Plaza Park and surrounding area, including the park’s historic fountain; and
WHEREAS, in order to assist City in protecting its Plaza Park and surrounding area, the Parties have agreed that the County shall transfer the Grant Amount described herein to City.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on June 30, 2024, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier.
2. USE OF GRANT AMOUNT.
a. The grant funds provided are federal funds and subject to the Single Audit Act of 1984. The following information is provided in accordance with the Single Audit Act.
Grant Amount $225,000
Entity Name: City of Orange
Entity Unique Entity
Identifier (UEI)
KF72Q5W8MG44
Awarding County Agency County Executive Office
County Contact
Information
Oana Cosma (714) 834-7410
Assistance Listing
Number (ALN) / Name
21.027 / Coronavirus State and Local Fiscal
Recovery Funds
Federal Award
Identification Number
(FAIN)
SLFRP1607
Awarding Federal Agency US Treasury Department
Indirect Cost Rate 10% MTDC or Federally Approved Rate
Whether Award is R&D: No
b. City shall use Grant Amount provided under this Agreement for costs associated with protecting the City’s Plaza Park and surrounding area, including the implementation of safety measures and the preservation of the park’s historic fountain.
c. Indirect costs may not exceed 10% of the modified total direct costs per 2 CFR section 200.68 or the federally approved indirect cost rate, if applicable.
d. City must utilize the Grant Amount in accordance with all Federal and State laws, including but not limited to the American Rescue Plan DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4
Act of 2021 (ARPA), codified at 42 U.S.C. § 802, et seq., and all applicable regulations and guidelines implementing ARPA, including the regulations issued by the Department of Treasury at 31 CFR Part 35 regarding costs that are payable from SLFRF Funds.
3. PAYMENT OF GRANT AMOUNT
a. The County will issue a one-time payment to the City of the Grant Amount set forth in Paragraph 2.a within 10 business days of the full execution of this Agreement. All of City’s expenditures of the Grant Amount must be for costs as described in Paragraph 2b of this Agreement.
b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.
4. STATUTES AND REGULATIONS APPLICABLE TO GRANT . City must comply with all applicable requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement.
City must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and othe r conditions of employment. City must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
a. Office of Management and Budget (OMB) Guidance. City must comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards per 2 CFR Part 200 (the “Uniform Guidance”), including the procurement standards set forth in 2 CFR 200.318 through 2 CFR 200. 327 when using the Grant Amount to procure goods and services.
b. Single Audit Act. Since Federal funds are used in the performance of this Agreement, City must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), OMB Circular A -133 and any administrative regulation or field memoranda implementing the Act. c. Political Activity Prohibited . None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation.
d. SAM.gov Requirements . City is required to have an active registration with the System for Award Management (“SAM”) (https://www.sam.gov).
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4
5. COMPLIANCE WITH GRANT REQUIREMENTS. Grant funds awarded must be used solely for the purposes identified in Paragraph 2 of this Agreement. In accordance with Paragraph 11, City agrees to indemnify , defend , and hold harmless the County of Orange for any sums the State or Federal government contends or determines City used in violation of this Agreement. City shall immediately return to the County any funds the County or any responsible State or Federal agency, including the Department of Treasury, determines the City has used in a manner that is inconsistent with Paragraph 2 of this Agreement. The provisions of this paragraph shall survive termination of this Agreement.
6. CERTIFICATION. City hereby certifies that it will use the Grant Amount for eligible expenses as described in Section 2 above.
7. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four (4) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within the County of Orange unless authorization to remove them is granted in writing by the County.
8. RECORDS INSPECTION. At any time during normal busine ss hours and as often as either the County, Inspector General acting pursuant to the Inspector General Act of 1978, or the Auditor General of the State of California may deem necessary, City must make available for examination all its records with respect to all matters covered by this Agreement. The County, Inspector General, and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all City’s invoices, materials, p ayrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. City agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of City’s records, the County may require that City provide supporting documentation to substantiate City’s expenses with respect to the City’s use or expenditure of monies provided by the County to the City under this Agreement.
9. INDEPENDENT CONTRACTOR. The City shall be considered an independent contractor and neither the City, its employees, nor anyone working under the City shall be considered an agent or an employee of County.
Neither the City, its employees nor anyone working under the City shall qualify for workers’ compensation or other fringe benefits of any kind through County.
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10. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. City shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under th is Agreement. City shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. City shall provide copies of permits and approvals to the County upon request.
11. INDEMNITY. The City agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, arising from or related to the City’s receipt of the Grant Amount under this Agreement, including any claims that the amount s paid by the County to City were not used consistent with the restrictions on the use of SLFRF program funds as set forth in the regulations and guidance issued by the Department of Treasury regarding the use of such funds. The provisions of this paragraph shall survive the termination of this Agreement.
12. NOTICES. All notices, requests , demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
City:
Tom Kisela, City Manager
City of Orange
[email protected]
200 S. Orange Blvd.
Orange, CA 92805
County:
Oana Cosma, County Budget Office
[email protected]
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701-4062
13. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4
Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
14. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses.
15. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on the parties unless authorized by the Parties in writing.
16. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below.
BY: DATED:
Tom Kisela, City Manager
City of Orange
BY: DATED:
Helen Hernandez, Deputy Purchasing
Agent
County Procurement Office
County of Orange, California
APPROVED AS TO FORM:
Office of the County Counsel
County of Orange, California
BY:____________________________
Deputy
DATED:________________________
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 4/5/2023
4/5/2023
4/5/2023