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FY23 Homeland Security Grant Program Transfer Agreement

Orange City Council
April 28, 2026

Document
FY23 Homeland Security Grant Program Transfer Agreement
Meeting
April 28, 2026
Body
Orange City Council
Pages
3
Original file
392 KB
Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar1.com. That file is the official record.

CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security

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AGREEMENT TO TRANSFER PROPERTY OR FUNDS 1
FOR 2023 HOMELAND SECURITY GRANT PROGRAM PURPOSES 2
3 THIS AGREEMENT is entered into this 18th day of February 2026, which date is enumerated 4 for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of 5 the State of California, hereinafter referred to as “COUNTY,” and the__________, a municipal 6 corporation, hereinafter referred to as “SUBRECIPIENT.” 7 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to 8 as SHERIFF, in its capacity as the lead agency for the Orange County Operational Area, has applied 9 for, received, and accepted the 2023 Homeland Security Grant Program (hereinafter referred to as 10 “the grant”) from the California Office of Emergency Services (“Cal OES”). 11 WHEREAS, the purpose of the Homeland Security Grant Program (HSGP) is to enhance 12 county-wide emergency preparedness as outlined in the grant documents that are attached hereto 13 as Attachments A (FY 23 CA Supplement to the Federal Notice of Funding Opportunity), B (FY 23 14 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 23 Homeland 15 Security Grant Assurances), which are attached hereto and incorporated herein by reference. The 16 terms of the grant require that COUNTY use certain grant funds to purchase equipment, 17 technology, or services that will be transferred to SUBRECIPIENT to be used for grant purposes. 18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19

1. The COUNTY shall transfer to SUBRECIPIENT the equipment, technology, or services 20 as specified in Attachment D (FY23 Equipment Release Document), which is attached hereto and 21 incorporated herein by reference. Suppose the grant requires COUNTY to transfer to 22 SUBRECIPIENT equipment, technology, or services that COUNTY has not yet acquired. In that case, 23 COUNTY shall transfer said equipment, technology, or services to SUBRECIPIENT as soon after 24 acquisition by COUNTY as is reasonably practicable. 25

2. If COUNTY transfers grant funds to SUBRECIPIENT, SUBRECIPIENT shall use said 26 grant funds only to acquire equipment, technology, or services outlined in Attachment B hereto 27 and/or to perform such other grant functions, if any, for which Attachments A, B, and C permit 28 ______

CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security

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SUBRECIPIENT to expend grant funds. SUBRECIPIENT shall provide COUNTY with a budget 1 breakdown signed by the authorized agent. Throughout its useful life, SUBRECIPIENT shall use any 2 equipment, technology, or services acquired with grant funds only for those purposes permitted 3 under the terms of the grant and shall make it available for mutual aid response. 4

3. The SUBRECIPIENT shall exercise due care to preserve and safeguard grant property 5 and equipment from damage or destruction and shall provide regular maintenance and repairs for 6 said equipment as is necessary, to keep the said equipment continually in good working order. 7 Such maintenance and servicing shall be the sole responsibility of the SUBRECIPIENT, who shall 8 pay for material and labor costs for any maintenance and repair of the said equipment throughout 9 the life of the said equipment. 10

4. SUBRECIPIENT shall assume all continuation costs of said equipment, technologies, 11 and/or services, to include, but not limited to, upgrades, licenses, and renewals of said equipment, 12 technologies, and/or services. 13

5. When original or replacement equipment acquired under HSGP becomes obsolete 14 for program activities, SUBRECIPIENT shall notify COUNTY of such a condition. SUBRECIPIENT 15 shall dispose of grant-funded equipment only in accordance with the instructions of the COUNTY 16 or the agency from which COUNTY received the grant funds. 17

6. SUBRECIPIENT agrees to indemnify, defend, and save harmless COUNTY and the 18 agency from which COUNTY received grant funds, and their elected and appointed officials, 19 officers, agents, and employees from any and all claims and losses accruing or resulting to any and 20 all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or 21 supplying work, services, materials, or supplies in connection with SUBRECIPIENT’S use of grant -22 funded equipment, technology, or services and SUBRECIPIENT’S performance of this Agreement, 23 including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or 24 resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in 25 the performance of this Agreement, including Attachments A, B, C, and D hereto. 26

7. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully 27 bound by all applicable provisions of Attachments A, B, C, and D hereto. SUBRECIPIENT shall notify 28

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COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable 1 provision of Attachments A, B, C, and D hereto. 2
SUBRECIPIENT and COUNTY shall be subject to examination and audit by the California 3 State Auditor with respect to this Agreement for a period of three years after the final payment 4 hereunder. 5

9. No alteration or variation of the terms of this Agreement shall be valid unless made 6 in writing and signed by duly authorized representatives of the parties hereto . No oral 7 understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8

10. SUBRECIPIENT may not assign this Agreement in whole or in part without the express 9 written consent of COUNTY. 10

11. For a period of three years after the final payment hereunder or until all claims related 11 to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve and maintain 12 all documents, papers, and records relevant to the work performed or property or equipment 13 acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the 14 same time period, SUBRECIPIENT shall make said documents, papers , and records available to 15 COUNTY and the agency from which COUNTY received grant funds or their duly authorized 16 representative(s), for examination, copying, or mechanical reproduction on or off the premises of 17 SUBRECIPIENT, upon request during usual working hours. 18

12. The SUBRECIPIENT shall provide to COUNTY all records and information requested 19 by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 20 required to provide to the agency from which COUNTY received grant funds or other persons or 21 agencies. 22

13. COUNTY may terminate this Agreement and be relieved of the payment of any 23 consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants 24 contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, 25 at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the 26 event of termination, COUNTY may proceed with the work in any manner deemed proper by 27 COUNTY. 28
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